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O.C.G.A. § 42-8-100 — Definitions | Georgia Code
O.C.G.A. § 42-8-100 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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).

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.