§ 42-8-102 - Uniform professional standards and uniform contract standards
O.C.G.A. 42-8-102 (2010)
42-8-102. Uniform professional standards and uniform contract standards
(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and must have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person employed as a private probation officer as of July 1, 1996, and who had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a probation officer or utilize the title of probation officer.
(b) The uniform contract standards contained in this subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision;
(2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section;
(3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the council;
(4) Policies and procedures for the training of staff that comply with rules and regulations promulgated by the council;
(5) Bonding of staff and liability insurance coverage;
(6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders;
(7) Procedures for handling the collection of all court ordered fines, fees, and restitution;
(8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay;
(9) Circumstances under which revocation of an offender's probation may be recommended;
(10) Reporting and record-keeping requirements; and
(11) Default and contract termination procedures.
(c) The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements with a judge to provide probation services under the authority of Code Section 42-8-100. The terms of any such agreement shall state at a minimum:
(1) The extent of the services to be rendered by the local governing authority providing probation services;
(2) Any requirements for staff qualifications, to include those contained in this Code section;
(3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the council;
(4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council;
(5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders;
(6) Procedures for handling the collection of all court ordered fines, fees, and restitution;
(7) Circumstances under which revocation of an offender's probation may be recommended;
(8) Reporting and record-keeping requirements; and
(9) Default and agreement termination procedures.
(d) The council shall review the uniform professional standards and uniform contract and agreement standards contained in subsections (a), (b), and (c) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before January 1, 2007, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report.