O.C.G.A.

O.C.G.A. § 42-8-103.1 (2019)

Serving consecutive misdemeanor sentences

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) When a defendant is serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may discharge such defendant from further supervision or otherwise terminate probation when it is satisfied that its action would be in the best interest of justice and the welfare of society. Such motion shall not be ripe until 12 months after the sentence was entered and every four months thereafter. The defendant shall serve the applicable entity or governing authority that is providing his or her probation services with a copy of such motion. (b) When a defendant is serving consecutive misdemeanor sentences, his or her probation officer or private probation officer, as the case may be, shall review such case after 12 consecutive months of probation supervision wherein the defendant has paid in full all court imposed fines, statutory surcharges, and restitution and has otherwise completed all testing, evaluations, and rehabilitative treatment programs ordered by the court to determine if such officer recommends early termination of probation. Each such case shall be reviewed every four months thereafter for the same determination until the termination, expiration, or other disposition of the case. If such officer recommends early termination, he or she shall immediately submit an order to the court to effectuate such purpose.

History

Code 1981, § 42-8-103.1, enacted by Ga. L. 2016, p. 443, § 7-5/SB 367. Administrative rules and regulations. General Probation Responsibilities, Of-

ficial Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Misdemeanor Probation Oversight Unit, Rule 105-2-.11.

Annotations

Law reviews. For article on the 2016 enactment of

this Code section, see 33 Ga. St. U.L. Rev. 139 (2016).