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2018 Georgia Code 42-8-100 | Car Wreck Lawyer

TITLE 42 PENAL INSTITUTIONS

Section 8. Probation, 42-8-1 through 42-8-159.

ARTICLE 6 COUNTY AND MUNICIPAL PROBATION

42-8-100. Definitions.

As used in this article, the term:

  1. "Board" means the Board of Community Supervision.
  2. "DCS" means the Department of Community Supervision.
  3. "Private probation officer" means an individual employed by a private corporation, private enterprise, private agency, or other private entity to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor.
  4. "Probation officer" means an individual employed by a governing authority of a county, municipality, or consolidated government to supervise defendants placed on probation by a court for committing an ordinance violation or misdemeanor.

(Code 1981, §42-8-100, enacted by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-1/SB 367.)

The 2015 amendment, effective July 1, 2015, rewrote this Code section. See Editor's notes for applicability.

The 2016 amendment, effective July 1, 2016, added paragraph (2) and redesignated former paragraphs (2) and (3) as present paragraphs (3) and (4), respectively.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).

JUDICIAL DECISIONS

Passage of time does not extinguish unserved sentence.

- Georgia Supreme Court answered two questions certified to it from a federal district court and concluded, as a matter of common law, that the mere passage of time does not extinguish an unserved sentence and that the common law principle has not been abrogated by the State-wide Probation Act, O.C.G.A. § 42-8-30. Anderson v. Sentinel Offender Servs., LLC, 298 Ga. 854, 784 S.E.2d 791 (2016).

Cases Citing Georgia Code 42-8-100 From Courtlistener.com

Total Results: 4

Anderson v. Sentinel Offender Services, LLC

Court: Supreme Court of Georgia | Date Filed: 2016-03-25

Citation: 298 Ga. 854, 784 S.E.2d 791, 2016 Ga. LEXIS 251

Snippet: contained two new statutory provisions, OCGA §§ 42-8-100 and 42-8-101. See Ga. L. 1991, p. 1136, § 2. These

Sentinel Offender Services, LLC v. Glover

Court: Supreme Court of Georgia | Date Filed: 2014-11-24

Citation: 296 Ga. 315, 766 S.E.2d 456

Snippet: (1) challenged the constitutionality of OCGA § 42-8-100 (g) (1), Georgia’s private probation statute;

Sentinel Offender Services, LLC v. Harrelson

Court: Supreme Court of Georgia | Date Filed: 2010-03-15

Citation: 690 S.E.2d 831, 286 Ga. 665, 2010 Fulton County D. Rep. 744, 2010 Ga. LEXIS 216

Snippet: fee for indigent defense services, and OCGA § 42-8-100(g)(1), which authorizes the use of private organizations

Ward v. City of Cairo

Court: Supreme Court of Georgia | Date Filed: 2003-03-27

Citation: 583 S.E.2d 821, 276 Ga. 391, 2003 Fulton County D. Rep. 1102, 2003 Ga. LEXIS 305

Snippet: upon to determine whether OCGA §§ 36-32-2(a) and 42-8-100(f)(1) and (g)(1) violate the separation of powers