TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 6 COUNTY AND MUNICIPAL PROBATION

42-8-109.3. Registration with board.

1. All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with DCS before entering into any contract to provide services. Any private corporation, private enterprise, or private agency registered with the board on or before June 30, 2016, shall be deemed registered with DCS; provided, however, that DCS shall be authorized to review such contract and shall be responsible for subsequent renewals or changes to such contract. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as DCS may require. No registration fee shall be required.
2. Any private corporation, private enterprise, or private agency required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the board.
1. All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with DCS before entering into an agreement to provide services. Any county, municipality, or consolidated government that has a probation system registered with the board on or before June 30, 2016, shall be deemed registered with DCS; provided, however, that DCS shall be authorized to review such systems and shall be responsible for subsequent renewals or changes to such systems. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with DCS, and other information in such detail as DCS may require. No registration fee shall be required.
2. Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the board.

(Code 1981, §42-8-107, enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 1997, p. 692, § 4; Ga. L. 2006, p. 727, § 2/SB 44; Ga. L. 2007, p. 363, § 1/HB 527; Code 1981, §42-8-109.3, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310; Ga. L. 2016, p. 443, § 7-11/SB 367.)

The 2015 amendment, effective July 1, 2015, redesignated former Code Section 42-8-107 as present Code Section 42-8-109.3; substituted "board" for "council" throughout; added the second sentence to paragraph (a)(1); and added the second sentence to paragraph (b)(1). See Editor's notes for applicability.

The 2016 amendment, effective July 1, 2016, substituted "DCS" for "the board" throughout; in the second sentence of paragraph (a)(1), substituted "the board on or before June 30, 2016" for "the County and Municipal Probation Advisory Council on or before June 30, 2015"; in paragraph (b)(1), deleted "with the court" following "an agreement" in the first sentence, and substituted "board on or before June 30, 2016" for "County and Municipal Probation Advisory Council on or before June 30, 2015" in the middle of the second sentence.

Editor's notes.

- Ga. L. 1995, p. 396, § 4, not codified by the General Assembly, provides in subsection (b): "No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority."

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."

In light of the enactment of this Code section, the reader is advised to consult the annotations following Code Section 42-8-107 in the bound volume.

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).

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