§ 42-8-37 — Effect of termination of probated portion of sentence; review of cases of persons receiving probated sentence; reports

Georgia § 42-8-37

• Jurisdiction: Georgia
• Title: 42

Text

(a) Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. (b) The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interest of justice and the welfare of society, may discharge the probationer from further supervision. (c) (1) The case of each person receiving a probated sentence of three years or more shall be reviewed by the officer responsible for such case after service of three years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the officer's recommendation as to early termination. The report shall specifically state whether the probationer has been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37 , whether the probationer has had his or her probation revoked in the immediately preceding 24 months, and the status of the probationer's payments toward any restitution imposed. Each such case shall be reviewed and a written report submitted annually thereafter until the termination, expiration, or other disposition of the case. If early termination is recommended in the written report, DCS shall notify the prosecuting attorney and simultaneously provide the court with an order to terminate such probation. The court shall execute the order to terminate unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order. The court shall set the matter for a hearing as soon as possible but not more than 90 days after receiving the order to terminate. The court shall take whatever action it determines would be for the best interest of justice and the welfare of society. (2) This subsection is intended to be retroactive and applied to any probationer under the supervision of DCS. (d) (1) When a probationer is on probation for a qualified offense, DCS shall provide the court with an order to terminate his or her probation if, after serving three years on probation, the probationer has: (A) Paid all restitution owed; (B) Not had his or her probation revoked in the immediately preceding 24 months; and (C) Not been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37 . (2) When the court is presented with such order, it shall execute the order to terminate unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order. The court shall set the matter for a hearing as soon as possible but not more than 90 days after receiving the order to terminate. The court shall take whatever action it determines would be for the best interest of justice and the welfare of society. (3) This subsection is intended to be retroactive and applied to any probationer under the supervision of DCS. (e) (1) When a probationer is on probation for life for a sexual felony as defined in Code Section 16-5-21 , DCS shall file a petition to terminate his or her probation if, after serving ten years on probation, the probationer has: (A) Paid all restitution owed; (B) Not had his or her probation revoked during such period; (C) Not been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37 ; and (D) Not been classified as a sexually dangerous predator by the Sexual Offender Risk Review Board. Within 30 days before issuing an order terminating the offender's probation, the court or its clerk must provide written notice to the District Attorney and the State Board of Pardons and Paroles regarding the court's intention to terminate such offender's term of probation. The prosecuting attorney shall be given an opportunity to be heard on the matter during the 30 days before the termination order is issued by the court. (2) When the court is presented with such petition, it shall take whatever action it determines to be for the best interest of justice and the welfare of society. When such petition is unopposed, the court shall issue an order as soon as possible or otherwise set the matter for a hearing within 90 days of receiving such petition. Such petition shall request an updated classification from the Sexual Offender Risk Review Board. Such classification shall be requested six months before the petition for removal is filed, and the board shall render such reclassification within five months of the petitioner's request. (3) This subsection is intended to be retroactive and applied to any probationer under the supervision of DCS. (4) If such petition is not granted, a petition shall be filed every five years thereafter until the probationer meets the requirements under paragraph (1) of this subsection.

Legislative History

Amended by 2023 Ga. Laws 347,§ 6-5, eff. 5/4/2023. Amended by 2021 Ga. Laws 151,§ 2, eff. 5/3/2021. Amended by 2018 Ga. Laws 416,§ 2-13, eff. 7/1/2018. Amended by 2017 Ga. Laws 226,§ 2-8, eff. 7/1/2017. Amended by 2015 Ga. Laws 73,§ 4-1, eff. 7/1/2015. Amended by 2012 Ga. Laws 709,§ VII-7-10, eff. 7/1/2012.