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2018 Georgia Code 42-8-29.1 | Car Wreck Lawyer

TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 2 STATE-WIDE PROBATION SYSTEM

42-8-29.1. Disposition of officer's records; confidentiality.

  1. When a convicted person is committed to an institution under the jurisdiction of the Department of Corrections, any presentence or post-sentence investigation or psychological evaluation compiled by an officer shall be forwarded to any division or office designated by the commissioner of corrections. Accompanying such document or evaluation shall be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the Department of Corrections pursuant to Code Section 42-5-50. A copy of such documents shall be made available for the State Board of Pardons and Paroles. A copy of one or more of such documents, based on need, may be forwarded to another institution to which the defendant may be committed.
  2. The prison or institution receiving such documents shall maintain the confidentiality of the documents and the information contained therein and shall not send, release, or reveal them to any other person, institution, or agency without the express consent of the unit which originated or accumulated the documents.

(Code 1981, §42-8-29.1, enacted by Ga. L. 1983, p. 697, § 1; Ga. L. 1984, p. 22, § 42; Ga. L. 1989, p. 14, § 42; Ga. L. 2015, p. 422, § 4-1/HB 310.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "Department of Corrections" for "department" in the first and second sentences, in the first sentence, substituted "an officer" for "a probation supervisor or other probation official" in the middle and inserted "of corrections" at the end, substituted "such document or evaluation shall be" for "this document or evaluation will be" in the second sentence, substituted "such documents" for "these same documents" in the third sentence, substituted "such documents" for "these documents" in the last sentence and in the first sentence of subsection (b); in subsection (b), substituted ", release," for "them or release them" in the middle and deleted "probation" preceding "unit" near the end. See Editor's notes for applicability.

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).

Cases Citing Georgia Code 42-8-29.1 From Courtlistener.com

Total Results: 1

Wolcott v. State

Court: Supreme Court of Georgia | Date Filed: 2004-10-25

Citation: 604 S.E.2d 478, 278 Ga. 664, 2004 Fulton County D. Rep. 3448, 2004 Ga. LEXIS 941

Snippet: challenge to the constitutionality of OCGA § 42-8-29. 1. The probation revocation petitions were filed