O.C.G.A.

O.C.G.A. § 42-8-22 (2019)

State-wide probation system for felony offenders created; administration generally

✓ 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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There is created a state-wide probation system for felony offenders to be administered by DCS. Separate files and records shall be kept with relation to the system.

History

Ga. L. 1956, p. 27, § 2; Ga. L. 1958, p. 15, § 1; Ga. L. 1962, p. 16, § 1; Ga. L. 1966, p. 56, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 2000, p. 1643, § 2; Ga. L. 2015, p. 422, § 4-1/HB 310.

Annotations

Editor’s notes. Ga. L. 1972, p. 1069, § 13, provides that the policy-making functions of the probation system be vested in the Board of Offender Rehabilitation (now Board of Corrections) and that the administrative

functions be vested in the Department of Offender Rehabilitation (now Department of Corrections). 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).

OPINIONS OF THE ATTORNEY GENERAL Not administered as part of State Board of Pardons and Paroles. - Whatever right, if any, the State Board of Pardons and Paroles may have had to require waiver of extradition by probationers under Ga. L. 1943, p. 185 (see now O.C.G.A. Ch. 9, T. 42), it is clear that it retains no such right under Ga. L. 1956, p. 27 (see now O.C.G.A. Art. 2, Ch. 8, T. 42), for Ga. L. 1956, p. 27, § 2 (see now

O.C.G.A. § 42-8-22) provides that “such probation system shall not be administered as part of the duties and activities of the Board of Pardons and Paroles.” 1958-59 Ga. Op. Att’y Gen. 223. Board’s functions are separate and distinct from those of the Department of Corrections’ Probation Division. 1986 Op. Att’y Gen. No. 86-7.

RESEARCH REFERENCES Am. Jur. 2d. 59 Am. Jur. 2d, Pardon and Parole, § 1 et seq.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2022 · 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× “” OCGA § 42-8-22. OCGA § 42-8-30.1 which is located in Article 2, provides: In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a…”

Anderson v. Sentinel Offender Servs., LLC, 784 S.E.2d 791 (Ga. 2016). · cites it 4× “Even assuming, however, that the tolling statute as originally 1 I note that the legislature’s subsequent amendment to OCGA § 42-8-22, limiting application of the State-wide Probation Act to felony probationers effectively removed any remaining misdemeanor probationers from the…”

Donte Cephas v. State (Ga. Ct. App. 2022). · cites it 2× “at 352 (2); see OCGA § 42-8-22. 6 provision in [Cephas]’s sentencing order and remand this case to the trial court solely for the purpose of resentencing [Cephas] on this provision.”

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.