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2018 Georgia Code 42-8-35.7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-8-35.7 Case Law from Google Scholar Amendments to OCGA 42-8-35.7

TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 2 STATE-WIDE PROBATION SYSTEM

42-8-35.7. Drug and alcohol screening of probationers.

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.

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

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.

Cases Citing O.C.G.A. § 42-8-35.7

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Sentinel Offender Servs., LLC v. Glover, 296 Ga. 315 (Ga. 2014).

Cited 22 times | Published | Supreme Court of Georgia | Nov 24, 2014 | 766 S.E.2d 456

...probationer’s failure to report to his or her probation supervisor or to the court as required. 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 § 42-8-35.6). 23 Sentinel and Roundtree suggest that those provisions of Article 2 detailing the educational requirements and duties o...