Rule 125-2-4-.12 - Out of State Probation(1) The State of Georgia is signatory to an Interstate Compact which provides for a Georgia probationer to fulfill his (her) probation requirements in a member state under the jurisdiction of a probation officer of that state. Similarly, probationers from another member state may complete the requirements of their probation in the state of Georgia under the jurisdiction of Georgia Probation officers.(2) A probationer may be permitted to reside in another state under the following conditions: (a) If the person is in fact a resident of or has a family residing within the receiving state and can obtain employment there. Residency shall be determined as defined in the Compact.(b) If, though, not a resident of the receiving state, and not having his (her) family residing there, the receiving state consents to the probationer being sent there.(c) The receiving state will be provided an opportunity to investigate the home and prospective employment of the potential probationer.(3) The receiving state will assume the duties of visitation and supervision over the probationer using the same standards and requirements as are applied to its own probationers.(4) The sending state reserves the right, within the restrictions as described in the Compact, but otherwise without interference, to enter a receiving state, apprehend the probationer, and return him (her) to the sending state. Extradition procedures are expressly waived under the provisions of the Compact. The decision of the sending state to retake the probationer is not reviewable by the receiving state unless there are criminal charges pending against the probationer in the receiving state.Ga. Comp. R. & Regs. R. 125-2-4-.12
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-53, 42-10-2, 42-11-1.
Rule entitled "Out of State Probation" adopted as R. 415-2-4-.12. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.12 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.