CopyCited 22 times | Published | Supreme Court of Georgia | Nov 24, 2014 | 766 S.E.2d 456
...of which are divided into Articles 1 through 9. Article 2,20 also known as the
“State-wide Probation Act,” sets forth a state-wide probation system created for
felony offenders “to be administered by the Department of Corrections.” 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 co...
...hrase “relating to probation
supervision services” describes “this article” rather than particular “provisions
of this article.” It was not meaningless surplusage to include a general
description of “this article,” particularly as §
42-8-30.1 was not enacted or
amended along with the rest of Article 2, and the General Assembly has used
similar formulations elsewhere in the Code....
...oners
supervised by private probation servicing companies.
4. Having affirmed the trial court’s rulings with respect to the
constitutionality of OCGA §
42-8-100 (g) (1) and having addressed the proper
statutory interpretation of OCGA §
42-8-30.1, we now consider whether the trial
court erred in finding that the plaintiffs have a right of recovery against Sentinel
under the doctrine of money had and received for any probation supervision fees
Sentinel collected from the plaint...
CopyCited 1 times | Published | Supreme Court of Georgia | Mar 25, 2016 | 784 S.E.2d 791
...tolling of a probationer’s sentence based on his or her alleged status as a fugitive
as specifically allowed by the tolling provisions found in Article 2" of Georgia’s
Probation Code. Id. Significantly, while the legislature’s enactment in 1991 of
OCGA §
42-8-30.1, repealed the State-wide Probation Act and thus its tolling
4
provisions as to some misdemeanor probationers, it did not otherwise repeal the
tolling statute which remained in full force and effect for all felony probationers
and some misdemeanor probationers....
...At
all times prior to 1991, these changes applied to all misdemeanor, as well as
felony probationers. This evolution and the case law supporting it reflects the
will of the legislature specifically as to the manner by which a probationer’s
sentence may be tolled. As the clear legislative intent of OCGA §
42-8-30.1
when first passed in 1991 was to create a separate probation system under
Article 6, Chapter 8 of Title 42 for those misdemeanor probationers whose
probation had been removed from the purview of state probation officers under
the Sta...