O.C.G.A.
O.C.G.A.

O.C.G.A. § 42-8-35.7 (2019)

Drug and alcohol screening of probationers

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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Unless the court or State Board of Pardons and Paroles has ordered more frequent screenings, drug and alcohol screenings shall be administered in accordance with DCS rules and regulations.

History

Code 1981, § 42-8-35.7, enacted by Ga. L. 2004, p. 775, § 5; Ga. L. 2015, p. 422, § 4-1/HB 310.

Annotations

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "Unless the court has ordered more frequent such screenings, it shall be the duty of each probation supervisor to administer or have administered a drug and alcohol screening not less than once every 60 days to any person who is placed on probation and who, as a condition of such probation, is required to undergo regular, random drug and alcohol screenings, provided that the drug and alcohol screenings required by this Code section shall be performed only to the extent that necessary funds therefor are appropriated in the state budget." See Editor's notes for applicability.

Cross references. - Drug free workplace programs, T. 34, C. 9, A. 11.

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

Cited in Sentinel Offender Svcs., LLC v. Glover, 296 Ga. 315, 766 S.E.2d 456 (2014).

RESEARCH REFERENCES

ALR. - Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants, 46 A.L.R.6th 241.

Notes of Decisions
Cited in 1 case, 2014–2014 · 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× “22 Other provisions found excluded by the trial court were those authorizing a court to require probationers to submit to drug and alcohol screening (OCGA § 42-8-35.7) or to require probationers to undergo mental health screening and counseling (OCGA § 42-8-35.”
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