TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 2 STATE-WIDE PROBATION SYSTEM

42-8-35.3. Conditions of probation for stalking or aggravated stalking.

Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation:

1. Prohibit the defendant from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91;
2. Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or
3. Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present.

(Code 1981, §42-8-35.3, enacted by Ga. L. 1993, p. 1534, § 4; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2015, p. 422, § 4-1/HB 310.)