TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 6 COUNTY AND MUNICIPAL PROBATION

42-8-108. Quarterly report to judge and council; records to be open for inspection.

1. Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall provide to the judge who consented to such contract or agreement and DCS a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees if such services are provided directly or otherwise to the extent such fees are known, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as DCS may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists.
2. All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the board.

(Code 1981, §42-8-103, enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 1997, p. 692, § 2; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, §42-8-108, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-9/SB 367; Ga. L. 2017, p. 774, § 42/HB 323.)

The 2015 amendment, effective July 1, 2015, redesignated former Code Section 42-8-103 as present Code Section 42-8-108; in subsection (a), substituted "board" for "council" and inserted "the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend;" in the first sentence and added the second sentence; in subsection (b), substituted "an auditor appointed by the affected county, municipality, or consolidated government, Department of Corrections, Department of Community Supervision, State Board of Pardons and Paroles, or the board" for "or the council or its designee" at the end. See Editor's notes for applicability.

The 2016 amendment, effective July 1, 2016, in the first sentence of subsection (a), substituted "who consented to such contract or agreement and DCS" for "with whom the contract or agreement was made and the board" near the beginning, inserted "if such services are provided directly or otherwise to the extent such fees are known" in the middle, and substituted "DCS" for "the board" near the end; and substituted "DCS" for "Department of Community Supervision" near the end of subsection (b).

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, inserted "the" preceding "Department of Corrections" and "State Board of Pardons and Paroles" near the end of subsection (b).