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SB 0105 - State-Wide Probation System; conditions and procedures under which probation may be terminated early; revise

Tracking Level: Monitor
Sponsor: Brian Strickland (R)
Last Action: 5/3/2021 - Effective Date
Senate Committee: Judiciary
House Committee: Judiciary - Non-Civil
Assigned To:
12. All CourtsNext Bill
Criminal Next Bill
SentencingNext Bill

Staff Analysis of the Legislation

SB 105 revises the conditions, procedures and provisions on behavioral incentive dates and reporting for the early termination of probation. The bill requires that The Department of Community Supervision (DCS) report to the prosecuting attorney and court within 60 days of the expiration of a behavioral incentive date if the defendant has paid all restitution owed, not had his or her probation revoked in the preceding 24 months or other applicable period, and has not been arrested for anything other than a non-serious traffic offense. Should the court or prosecuting attorney request a hearing on the matter within 30 days of the termination order, then the court must set that matter for a hearing as soon as possible and within 90 days after receiving the order to terminate.  

Furthermore, the SB 105 requires a behavioral incentive date to be included in all sentencing orders involving a situation where person with no prior felony convictions was convicted of or charged with a felony offense and was sentenced pursuant to subsections (a) or (c) of Code Section 16-3-2 or Article 3 of Chapter 8 of Title 42 of the OCGA, and the court imposed a probation or a sentence of 12 or less months of imprisonment followed by a term of probation. Should a behavioral incentive date is not included in the order, the timeframe defaults to three years from when the sentence was imposed. 

SB 105 also mandates that when a court receives a petition to shorten the period of active probation supervision or unsupervised probation it must schedule the hearing for as soon as possible and within 90 days after receiving the motion. Additionally, when a report is required to be filed due to a probationer serving three years of his or her sentence, the report must then address both whether the probationer has had his or her probation revoked in the preceding 24 months and the status of the probationer's payments towards any restitution. Should DCS recommend early termination of the probation in its written report, it must notify the prosecuting attorney and simultaneously provide the court with an order to terminate such probation. The court must hear the matter as soon as possible and within 90 days after receiving the order to terminate. 

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text