O.C.G.A.

O.C.G.A. § 42-8-109 (2019)

Private entities conflicts of interest prohibited

✓ 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) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision. (c)(1) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (2) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Pro526

grams. Any person violating this paragraph shall be guilty of a misdemeanor.

History

Code 1981, § 42-8-104, enacted by Ga. L. 1995, p. 396, § 2; Ga. L. 1996, p. 1107, § 6; Ga. L. 2005, p. 334, § 24-2/HB 501; Ga. L. 2006, p. 727, § 2/SB 44; Code 1981, § 42-8-109, as redesignated by Ga. L. 2015, p. 422, § 3-2/HB 310.

Annotations

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, § 3-2/HB 310, effective July 1, 2015, redesignated former Code Section 42-8-104 as present Code Section 42-8-109.

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.” Administrative rules and regulations. Limitations on Who Can Operate or be Employed by a Probation Entity, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Supervision, Misdemeanor Probation Oversight Unit, Rule 105-2-.07. Law reviews. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).