O.C.G.A.

O.C.G.A. § 42-8-20 (2019)

Short title

✓ 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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This article shall be known and may be cited as the “State-wide Probation Act.”

History

Ga. L. 1956, p. 27, § 1; Ga. L. 2015, p. 422, § 4-1/HB 310.

Annotations

Cross references. Payments into the Georgia Crime Victims Emergency Fund, § 17151 et seq.

Editor’s notes. 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.”

Law reviews. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

JUDICIAL DECISIONS Exclusion of certain offenses. - Offenses punishable by death or life imprisonment are expressly omitted from the provisions of Ga. L. 1956, p. 27, § 1 (see

now O.C.G.A. § 42-8-20 et seq.). Brown v. State, 246 Ga. 251, 271 S.E.2d 163, 1980 Ga. LEXIS 1068 (1980).

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1983–2024 · leading case: Sentinel Offender Servs., LLC v. Glover, 766 S.E.2d 456 (Ga. 2014).

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Sentinel Offender Servs., LLC v. Glover, 766 S.E.2d 456 (Ga. 2014). · cites it 2× “20 Article 2 encompasses the statutory provisions set forth in OCGA §§ 42-8-20 through 42-8-44. 21 OCGA § 42-8-36 allows for the “tolling” of a probationer’s sentence based on the probationer’s failure to report to his or her probation supervisor or to the court as required.”

Johnson v. State, 475 S.E.2d 595 (Ga. 1996). · cites it 2× “It amended the State-wide Probation Act, *78 OCGA § 42-8-20 et seq., by allowing the sentencing court to require as a condition of probation that “a probationer sentenced to a period of time of not less than one year nor more than five years on probation” be required to complete…”

Roland v. Meadows, 548 S.E.2d 289 (Ga. 2001). · cites it 2× “” The foregoing provision is applicable to the State-wide Probation Act in general, OCGA § 42-8-20 et seq. However, OCGA § 42-8-60 et seq.”

Reyes v. State, 898 S.E.2d 473 (Ga. 2024). · cites it 4× “See generally OCGA § 42-8-20 et seq. (the State-wide Probation Act); Ga.”

Mohammed v. State, 486 S.E.2d 652 (Ga. Ct. App. 1997). · cites it 2× “Probation is otherwise provided for by law under OCGA § 42-8-20 et seq. Upon a finding that any probationer has violated his probation in a material respect (OCGA § 42-8-38 (a)), “the court may revoke, modify, or continue the probation.”

State v. Boyd, 377 S.E.2d 11 (Ga. Ct. App. 1988). · cites it 2× “L. 1968, p. 324; OCGA § 42-8-60 et seq. The distinction between the two procedures was explained by the Supreme Court in State v.”

Barnett v. Fulton Cnty., 339 S.E.2d 236 (Ga. 1986). · cites it 4× “” OCGA § 42-8-20 et seq. This Act created the framework for a statewide probation system under the Department of Corrections, the name of which was later changed to the Department of Offender Rehabilitation and has since been changed back to the Department of Corrections.”

Edwards v. State, 545 S.E.2d 143 (Ga. Ct. App. 2001). · cites it 2× “In this system, courts may stay or suspend a criminal sentence and place a defendant under the supervision and control of a probation supervisor for the duration of the probation.”

Mason v. State, 712 S.E.2d 76 (Ga. Ct. App. 2011). · cites it 2× “4 (a) states, in relevant part: In addition to any other terms and conditions of probation provided for in [the State-wide Probation Act], the trial judge may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a…”

Helton v. State, 305 S.E.2d 27 (Ga. Ct. App. 1983). · cites it 2× “The State-wide Probation System (OCGA § 42-8-20 et seq. (Code Ann. § 27-2702 et seq.”

Wendell Irving v. State (Ga. Ct. App. 2023). · cites it 2× “” See OCGA §§ 42-8-20, 42-8-21. However, when looked at in context of a court order, the plain and ordinary meaning of the word “enter” is to file the order with the clerk.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.