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GA HB859
Bill
Status
Passed
5/27/2010
Primary Sponsor
Rich Golick
Click for details
AI Summary
- Amends Georgia Code Section 42-8-36 to clarify when a probated sentence is tolled (paused), specifying two triggering events: a probationer's failure to report to their probation supervisor as directed, or failure to appear in court for a probation revocation hearing
- Tolling is also triggered by the filing of a non est inventus return (or similar return) on a warrant indicating the probationer cannot be found in their county of residence
- A probationer's failure to report or appear may be evidenced by an affidavit from the probation supervisor submitted to the court
- Sets the effective date of tolling as the date the court enters a tolling order, which continues until the probationer personally reports to the probation supervisor, is taken into custody in Georgia, or is otherwise available to the court
- Any tolled period of time is excluded from computing creditable time served on probation or any part of the probationer's sentence
Legislative Description
Probationer duties; tolling of probated sentences; clarify provisions
Last Action
Effective Date
7/1/2010
Committee Referrals
State Institutions and Property2/9/2010
Judiciary - Non-Civil4/3/2009
Full Bill Text
No bill text available