TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 6 COUNTY AND MUNICIPAL PROBATION

42-8-106.1. Powers and duties of Board of Community Supervision.

The board shall have the following powers and duties, provided that, with respect to promulgating the rules, regulations, and standards set forth in this subsection, the board shall seek input from the commissioner of community supervision:

1. To promulgate rules and regulations to implement the uniform professional standards for probation officers and uniform contract standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-107;
2. To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996;
3. To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a basic course of training for supervision of probationers or parolees certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006;
4. To promulgate rules and regulations relative to compliance with the provisions of this article and enforcement mechanisms;
5. To promulgate rules and regulations establishing registration for any private corporation, private enterprise, private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of Code Section 42-8-109.3;
6. To promulgate rules and regulations requiring criminal history record checks of individuals seeking to become private probation officers and establishing procedures for such criminal record checks. DCS on behalf of the board shall conduct a criminal history records check for individuals seeking to become probation officers as provided in Code Section 35-3-34. The board shall promulgate rules and regulations relating to restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history records check of a person employed as a probation officer or private probation officer or individuals seeking such positions. The criminal history records check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the individual whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency;
7. To promulgate rules and regulations requiring probation officers and private probation officers to be registered with DCS, pay a fee for such registration, and provide for the board to impose sanctions and fines on such officers for misconduct; and
8. To impose sanctions for noncompliance with this article or the board's rules and regulations.

(Code 1981, §42-8-106.1, enacted by Ga. L. 2016, p. 443, § 7-7/SB 367.)