Ga. Code § 42-8-35

Current through 2023-2024 Legislative Session Chapters 1-600 and 602-709
Section 42-8-35 - [Effective 7/1/2024] Terms and conditions of probation; supervision
(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits;
(2) Avoid persons or places of disreputable or harmful character;
(3) Report to the officer as directed;
(4) Permit the officer to visit the probationer at the probationer's home or elsewhere;
(5) Work faithfully at suitable employment insofar as may be possible;
(6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within this state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or
(B) In which any service or program in which the probationer must participate as a condition of probation is not available;
(7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been adjudicated;
(8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;
(9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71;
(10) Support the probationer's legal dependents to the best of the probationer's ability;
(11) Violate no local, state, or federal laws and be of general good behavior;
(12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state;
(13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by DCS;
(14) Wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning satellite systems. DCS shall assess and collect fees from the probationer for such monitoring at levels set by regulation of the Board of Community Supervision;
(15) Complete a residential or nonresidential program for substance abuse or mental health treatment as indicated by a risk and needs assessment;
(16) Agree to the imposition of graduated sanctions when, in the discretion of the officer, the probationer's behavior warrants a graduated sanction; and
(17) Pay for the cost of drug screening. DCS shall assess and collect fees from the probationer for such screening at levels set by regulation of the Board of Community Supervision.
(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be:
(1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12;
(2) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing email, history of websites visited and content accessed, and other internet based communication;
(3) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with internet access, including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium;
(4) Prohibited from seeking election to a local board of education; and
(5) Prohibited from possessing, owning, or operating an unmanned aircraft system as defined in Code Section 42-1-18.
(c) The supervision provided for under subsection (b) of this Code section shall be conducted by an officer, law enforcement officer, or computer information technology specialist working under the supervision of an officer or law enforcement agency.

OCGA § 42-8-35

Amended by 2024 Ga. Laws 426,§ 3, eff. 7/1/2024, app. to all offenses committed on or after 7/1/2024.
Amended by 2021 Ga. Laws 307,§ 42, eff. 5/10/2021.
Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015.
Amended by 2013 Ga. Laws 84,§ 18, eff. 7/1/2013.
Amended by 2012 Ga. Laws 709,§ VII-7-8, eff. 7/1/2012.
Amended by 2008 Ga. Laws 715,§ 5, eff. 7/1/2008.
Amended by 2006 Ga. Laws 577,§ 1, eff. 4/27/2006.
Amended by 2006 Ga. Laws 571,§ 25, eff. 7/1/2006.
Amended by 2004 Ga. Laws 587, § 3, eff. 1/1/2005
Amended by 2004 Ga. Laws 595, § 4, eff. 7/1/2004.
This section is set out more than once due to postponed, multiple, or conflicting amendments.