Rule 503-1-.04 - DefinitionsUnless the context requires otherwise, the following words and terms shall have the following meanings:
(a) "Governing Authority" means the elected body of any county or municipality or consolidated government with statutory power to enter into written contracts with corporations, enterprises or agencies to provide public services.(b) "Probation Entity" means any probation service, corporation, enterprise, or agency which enters into written contracts or agreements with courts to provide probation supervision, counseling, and collection services for all persons convicted of a misdemeanor and placed on probation by such court. A "probation entity" may be privately owned and operated or run by the governing authority of a county, municipality, or consolidated government.(c) "Council" means the County and Municipal Probation Advisory Council.(d) "Quorum" means the majority of the seats on the council that must be present for valid transaction of business.(e) "Registration application" means the written application process a probation entity must complete in order to be an approved probation service provider.(f) "Registration approval" means written authorization by the County and Municipal Probation Advisory Council to any probation entity to provide probation services. Registration approval is a prerequisite for initial and continued probation entity operation. It is granted and continued upon a showing of initial and continued compliance with the requirements set forth in these rules and regulations. Registration approval specifically authorizes a probation entity to enter into agreements with courts and governing authorities to provide probation services.(g) "Probationer" means any misdemeanor offender sentenced by a court of this state and assigned to a probation entity for supervision, counseling, financial collections and compliance with any other court-ordered condition.(h) "Reprimand" means a written notice to a probation entity for noncompliance of minor or first-time violations of requirements.(i) "Revocation" means the termination by the council of the registration approval of a probation entity based upon failure to comply with requirements as set forth in these rules and regulations.(j) "Moral Turpitude" means an act of baseness, vileness or depravity in the private and social duties which man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man. It is said to be restricted to the gravest offenses, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind. Individuals convicted of a felony are excluded from serving as an owner, operator, director, agent, or employee of a probation entity. (Rule 503-1-.19(a)(3)) Misdemeanor offenses considered to involve moral turpitude include, but are not limited to pimping, soliciting for prostitutes, false swearing, and theft.(k) "Conviction" means a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding.(l) "Suspension" means a temporary stop, a temporary delay, interruption, or cessation.(m) "Volunteer" means a person who gives their services without any express or implied promise of remuneration.(n) "Director" shall be any person who participates in the operations, marketing, marketing consulting or decision making of any probation entity. This would be any person who benefits financially either directly or indirectly from the entity. The definition of Director does not include individuals beneficially owning stock or other securities of a publicly-held corporation unless such individual (a) beneficially owns more than 5% of the voting capital stock of such corporation, or (b) otherwise meets the requirements of the definition of Director as set forth herein.(o) "Five year Probation Officer Supervisor" experience in corrections, parole or probation services required by Rule 22 is interpreted as experience as a probation officer, parole officer, or corrections counselor.Ga. Comp. R. & Regs. R. 503-1-.04
O.C.G.A. §§ 48-8-100(a), 42-8-101(b)(442-8-108.
Original Rule entitled "Definitions" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001.Repealed: New Rule of same title adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005.Repealed: New Rule of same title adopted. F. July 21, 2006; eff. August 10, 2006.Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.Repealed: New Rule of same title adopted. F. Dec. 8, 2008; eff. Dec. 28, 2008.Repealed: New Rule of same title adopted. F. May 26, 2009; eff. June 15, 2009.Repealed: New Rule of same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.Amended: F. Sep. 5, 2014; eff. Sept. 25, 2014.