Chapter 105-2 MISDEMEANOR PROBATION OVERSIGHT UNIT
The Misdemeanor Probation Oversight Unit (MPOU) of the Department of Community Supervision shall regulate entities and individuals that provide probation supervision services and administer laws and rules related to misdemeanor probation. The MPOU is located at 2 Martin Luther King, Jr. Drive, S.E., Balcony Level, East Tower, Atlanta, Georgia 30334.
The Misdemeanor Probation Oversight Unit (MPOU) is authorized to register misdemeanor probation entities and individuals, conduct audits to determine compliance, and investigate potential violations of laws and/or rules. There shall be a director of the Misdemeanor Probation Oversight Unit who shall be appointed by the Commissioner. The director shall oversee the Unit and have authority, with the concurrence of the Commissioner, to impose sanctions for violations and to otherwise carry out the laws and rules in regard to misdemeanor probation supervision.
|(a)||"Commissioner" means the Commissioner of the Department of Community Supervision.|
|(b)||"Director" shall mean the director of Misdemeanor Probation Oversight for the Department of Community Supervision.|
|(c)||"Entity Director" shall mean the director of a probation entity.|
|(d)||"Governing Authority" shall mean the elected body of any county or municipality or consolidated government with statutory power to enter into written contracts with corporations, enterprises or agencies to provide public services.|
|(e)||"Individuals" shall mean any entity director, owner, agent, probation officer, administrative employee, intern, or volunteer that provides services for a probation entity.|
|(f)||"Probationer" shall mean any misdemeanor offender sentenced by a court and assigned probation for supervision, counseling, financial collections of any kind, and compliance with any other court-ordered condition.|
|(g)||"Probation Entity", "Provider Entity, or Entity" shall mean any private corporation, private enterprise, or private agency contracting to provide misdemeanor probation supervision services and/or county, municipality, or consolidated government probation office contracting to provide misdemeanor probation supervision services.|
|(h)||"Probation Officer" shall mean any private, public, governmental officer, that provides supervision of probationers.|
|(i)||"Service Agreement" shall mean any contracts between the governing authority and the chief judge to provide probation services for that governmental district.|
|(j)||"Judicial officer" shall mean any person employed or providing service to a court.|
|(k)||"Owner" shall mean the owner of a private probation entity with access to probation records.|
|(l)||"Pay Only" shall mean any case that does not have any special conditions or restitution except for fine and surcharge collection unless otherwise noted on the sentence.|
|(m)||"Regular probation fee or ordinary supervision fee" shall mean the contracted amount that shall be collected by the provider solely for probation supervision.|
All probation entities or individuals are required to submit registration to and be approved by MPOU, as well as re-register as often as necessary to maintain current, up-to-date information. Registration is required to be approved prior to engaging in or providing services to a court and shall be made in such detail as MPOU may require. The failure or refusal to register or re-register as required shall subject the probation entity or individuals to sanctions provided in these rules.
The following shall be ineligible for registration:
No probation entity may operate without first registering and being approved by MPOU as set forth herein.
|(a)||Registration application. All registration applications must be submitted as required and approved by MPOU, and must be truthful, accurate, and complete.|
|(b)||Initial approval. After receipt of a completed registration evidencing that all owners and/or the entity director have met the qualifications set forth by law and in these rules and that other probation entity requirements are met, MPOU shall approve the probation entity. MPOU shall respond within 15 business days with approval of registration, a deficiency statement, or a notice that additional time is required. Applicants shall have 10 days to cure deficiencies. If deficiencies are not cured within the 10 days, the registration application shall be deemed denied.|
|(c)||Ongoing approval. Once initially approved, a probation entity shall remain approved as long as it remains in compliance with applicable laws and rules. MPOU may require that certain documents and information be updated on a periodic basis to verify continuing compliance with requirements. Such documents shall include, but not be limited to, financial records as they pertain to the assessment, collection, and disbursement of court-ordered monies, contract renewal or termination information, employee training records, criminal history record information, insurance information (private probation entities only), and updated court listings/contracts.|
|(d)||Additional information for verification. MPOU may require any applicant or approved probation entity to submit additional information or verification that is reasonably related to making a determination regarding initial approval or continued compliance with requirements.|
|(e)||Compliance with Immigration Act: All owners and/or entity directors must comply with the 2011 Immigration Act per OCGA § 50-36-1. All owners and/or entity directors are required to submit a lawful presence affidavit at the request of MPOU.|
|(f)||Non-transferability of registration approval. Approval of a probation entity is not transferable. Application for new (initial) registration approval must be submitted and approved prior to any change in probation entity ownership or control. All new owners, entity directors, or agents must meet the requirements set forth by law and these rules.|
|(g)||Validity of registration approval. All registration approvals issued pursuant to the laws and regulations are valid only so long as the entity director and/or owner of record is actively engaged in the operation of a probation entity. In the event the director and/or owner of record ceases to be actively engaged in the operation of a probation entity, MPOU must be notified. Inactivity of a probation entity for a period of 3 months shall cause the entity's registration to lapse. Application may be made to MPOU for an extension of time, which may be granted at the discretion of MPOU.|
|(h)||Voluntary withdrawal of registration. Any owner and/or entity director may voluntarily withdraw their registration for operation as a misdemeanor probation provider by submitting notice to MPOU; provided, however, that said probation entity does not have any pending complaints, investigations, or MPOU action. Notice of Withdrawal of Registration may be submitted via certified mail to the principal address of MPOU noted in Rule 105-2-.01 or by specific direction of the Director of MPOU.|
|(i)||No probation entity may use any name like, or deceptively similar to, a name used by any other probation entity in this state. No probation entity may use the word "state" in any part of its name as to suggest that it is owned, operated, or endorsed by the State of Georgia.|
|(j)||Governmental Entities and their individuals shall adhere to POST requirements if they choose to operate as a POST approved entity pursuant to OCGA 35-8-1, et. seq.|
No individual will provide services to probation entities without first registering and being approved by MPOU as set forth herein.
|(a)||Registration application. Registration applications for all individuals are required to be submitted as required and approved by MPOU, and must be truthful, accurate, and complete.|
|(b)||Initial approval. After receipt of a completed registration evidencing that all individuals have the qualifications set forth by law and these rules and that other requirements are met, MPOU shall respond within 15 days with approval of registration, denial, or deficiency statement. Applicants shall have 10 days to cure deficiencies. If deficiencies are not cured within the 10 days, the registration application shall be deemed denied.|
|(c)||Ongoing approval. Once initially approved individuals shall remain approved as long as they remain in compliance with applicable laws and rules. MPOU may require that certain documents and information be submitted on a periodic basis to verify continuing compliance with requirements.|
|(d)||Additional information for verification. MPOU may require any applicant or approved individuals to submit additional information or verification that is reasonably related to making a determination regarding initial approval or continued compliance with requirements.|
|(e)||Non-transferability of registration approval. Approval of individuals is not transferable. Application for new (initial) registration approval must be submitted prior to any change of an individual which must meet the requirements set forth in these rules.|
|(f)||Validity of registration approval. All registration approvals issued pursuant to the laws and regulations are valid only so long as the individual of record is actively engaged in the operation of a probation entity. In the event the individual of record ceases to be actively engaged in the operation of a probation entity, MPOU must be notified.|
|(a)||No probation entity nor any individuals of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article.|
|(b)||No probation entity nor its individuals shall have personal or business dealings, including the lending of money, with probationers under their supervision.|
|(c)||No probation entity nor its individuals, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services.|
|(d)||No probation entity nor its individuals shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program, FVIP, or any program that has financial gain for the entity or individuals, which a probationer may or shall attend, on or after January 1, 2022, if certification expires or unless authorized by court order or service agreement. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol, Drug Use Risk Reduction Programs or FVIP. Any person violating this paragraph shall be guilty of a misdemeanor.|
|(e)||No judicial officer, probation officer, law enforcement officer, or other officer or employee of a court; no person who owns, operates, or is employed by a probation entity and no professional bondsman or agent or employee thereof shall specify, directly or indirectly, a particular provider center which the person may or shall utilize when required. This subsection shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court; owner or entity director of a probation entity; or professional bondsman or agent or employee thereof from furnishing any person, upon request, the names of certified provider centers.|
|(f)||No probation entity or its individuals or professional bondsman or agent or employee thereof shall be authorized to own, operate, or be employed by or as a provider entity.|
|(g)||No probation entity or its individuals shall own or control any finance business or lending institution which makes loans to probationers under its supervision.|
|(h)||No probation officer or individual shall simultaneously act as an interpreter for any judicial proceedings.|
|(i)||All probation individuals must report secondary employment or volunteer obligations to the Entity Director for approval.|
|(j)||No individual shall direct, own, or be an employee, agent, intern, or volunteer of a probation entity if the individual or individual's spouse would pose an actual, potential, or apparent conflict of interest due to the existence of a fiduciary, business or personal relationship with any probationer or due to the existence of any other relationship that would place the individual in a position to exert undue influence, exploit, take undue advantage of or breach the confidentiality of any probationer. Further, judicial officers, individual employees, or any spouse thereof, shall not direct, own, or be an employee, agent, intern, or volunteer of a private probation entity.|
|(k)||The failure to adhere to any of the limitations in (a) through (j) above shall subject the probation entity or individual to sanctions as provided in these rules.|
Private and Governmental Probation Service Agreement. All owners and/or entity
directors are required to enter into a written service agreement with the local
governing authority for each court that it plans to provide misdemeanor
probation supervision services to. Each service agreement must be approved by
the chief judge of each such court. A signed copy of each service agreement
must be filed and maintained current with MPOU prior to providing probation
supervision services. Probation entity service agreements must minimally
contain the following information and must be filed and maintained current with
|(b)||Service agreements are required to meet the standards in these rules and O.C.G.A. 42-8-101 by January 1, 2018. Service agreements in existence prior to December 31, 2017 must be in compliance with laws and rules in effect prior to that time.|
|(c)||The failure to adhere to the Service Agreement standards shall subject the probation entity or individuals to sanctions as provided in these rules.|
All individuals who provide service to probationers, or has access to probation records, or who has telephone or face-to-face contact with probationers under Georgia supervision, or access to probationer data, is required to be registered and approved by MPOU, to sign a confidentiality statement agreeing to hold probation records confidential and to be maintained in the individual's personnel file, have a clear criminal record, and to meet the following specific requirements:
|(a)|| Entity Directors and Owners Requirements.
To be approved to operate a probation entity, owners and/or directors must have
the qualifications set forth below. These qualifications must be demonstrated
at the time of registration and at any other time reasonably requested by MPOU.
Probation Officers Requirements. To be employed as a probation officer with a
probation entity the following shall be required:
Employee, Agent, Intern, or Volunteer Requirements. To work with a probation
entity in any capacity, the following shall be required:
|(d)||The failure to adhere to the above requirements shall subject the probation entity or individual to sanctions as provided in these rules.|
Rule 105-2-.10 Background Checks Required for All Individuals (directors and/or owners, probation officers, administrative employees, agents, interns, or volunteers)
All individuals of a probation entity are required to have a criminal background check completed by the Department of Community Supervision in accordance with O.C.G.A. § 35-3-34. MPOU may also require criminal records checks at any point during employment, registration, compliance audits, or complaints. MPOU shall report to the probation entity the results of the criminal background checks for all individuals associated with that probation entity.
|(a)||Probation entities are responsible for fingerprinting new individuals through GAPS within 10 days of hire.|
|(b)||All individuals of a probation entity are required to report any arrests within 48 hours to MPOU and the director of the employing entity.|
|(c)|| No person may
fill any of the positions listed above who has engaged in any of the following
In addition to meeting all other requirements, probation entities and individuals are responsible for the following:
|(a)||Providing services for the supervision, and collection of court-ordered fines of probationers assigned to the probation entity by the court in accordance with the service agreement;|
|(b)||The actions of all employees carried out within the scope of employment, whether they are characterized as employees, agents, interns, volunteers, or independent contractors (Applicable to Entity owners/directors only);|
|(c)||Prohibiting the solicitation of probationers for insurance, legal services, bail bonds, specific clinical evaluations or treatment providers, or any other product or service;|
|(d)||Ensuring the quality of case management, case notes, case status, special conditions, and execution of all court orders in a professional and timely manner;|
|(e)||Being accountable to the court in reporting the status of probation cases assigned to the probation entity for supervision;|
|(f)||Prohibiting solicitation, and/or the requirement of advanced payment of probation supervision fees;|
|(g)||Abiding by statute in reference to treatment of indigent probationers and revocation requirements per O.C.G.A. § 42-8-102;|
|(h)||Abiding by statute in reference to pay only cases per O.C.G.A. § 42-8-103;|
|(i)||Abiding by statute in reference to consecutive misdemeanor sentences per O.C.G.A. § 42-8-103.1(a)(b);|
|(j)||Abiding by statute in reference to the tolling of misdemeanor sentences per O.C.G.A. § 42-8-105 and;|
|(k)||The failure to adhere to these responsibilities shall subject the probation entity or individuals to sanctions as provided in these rules.|
The primary objective of the MPOU training curriculum is to ensure that individuals receive sufficient training to enable them to provide probation services that are professional, competent and in compliance with all laws and the DCS rules. To satisfy the training requirements, entities shall develop a training plan designed to ensure timely completion and compliance with the training requirements imposed by these rules. Entity training plans are required to be submitted to MPOU for approval. The following training is required:
|(a)|| Probation Officer
Initial Orientation Training. All probation officers providing probation
services are required to obtain 40 hours of initial orientation training as set
forth below. Probation officers with evidence of satisfactorily completing a
probation or parole officer basic course of training certified by the Georgia
Peace Officer Standards and Training Council are exempt from the 40-hour
initial orientation training requirement. Initial training of new probation
officers shall be completed within the first 6 months from MPOU approved
registration. All directors/owner must also complete the probation officer
training if providing supervision services.
|(b)|| Probation Officer Annual
In-Service. All probation officers are required to obtain 20 hours of annual
in-service training. In-service training shall be completed on a calendar year
basis. The initial orientation training hours completed during the first
calendar year of employment shall also count towards satisfying the annual
in-service training requirements for that same period.
Administrative Employee Agent, Intern, or Volunteer Initial Orientation
Training. All Administrative Employee, Agent, Intern, or Volunteer are required
to obtain 16 hours of initial orientation training.
Employee, Agent, Intern, or Volunteer Annual In-Service Training. All
Administrative Employee, Agent, Intern, or Volunteer will obtain 8 hours of
annual in-service training. In-service training shall be completed on a
calendar year basis. The initial orientation training hours completed during
the first calendar year of employment shall also count towards satisfying the
annual in-service training requirements for that same period.
|(e)||Training Responsibilities. The progress and completion of initial orientation and in-service training is required to be documented and maintained in the individual's files utilizing the forms approved by MPOU.|
|(f)||Training Resources. Probation entities and individuals providing probation services may obtain training resource information from MPOU, local law enforcement agencies, local colleges and schools, and national professional associations such as the American Probation and Parole Association, Georgia Professional Association of Community Supervision, Community Corrections Association of Georgia, American Correctional Association, and/or credible sources approved by MPOU. All training resources must be approved by MPOU.|
|(g)||Trainer Requirement. For internal trainers or use of external trainers not associated with agencies/associations as listed previously, the qualifications of the trainer should be established through academic achievements, certifications and/or extensive experience on the subject matter. The entity shall maintain a description of the course, the trainer's qualifications and contact information on file. External trainers not associated with agencies/associations as listed above must be approved by MPOU.|
|(h)||The failure to adhere to these training requirements shall subject the probation entity and/or individuals to sanctions as provided in these rules.|
All probation entities shall provide the judge and MPOU with a quarterly probation entity activity report in such detail as the judge and MPOU may require.
|(a)|| Probation entity
quarterly activity reports shall be submitted within 15 30 days after the close
of each calendar quarter and shall be made utilizing forms approved by MPOU.
Quarterly reports must be received by MPOU as follows: 1st quarter (Jan-March)
due April 30th, 2nd quarter (April-June) due July 30th, 3rd quarter
(July-Sept.) due October 30th, 4th quarter (Oct.-Dec.) due January 30th.
quarterly reports shall include the following:
Each probation entity must maintain the following records for the period required by law at no less than three years and the records must be available and accessible for inspection by the affected county, municipality, consolidated government, the court, the Department of Audits and Accounts or MPOU upon request.
records are as follows:
No probation entity or individual shall assess or collect from a probationer or disburse any funds, except as authorized by written order of the court, as authorized by the written service agreement, or as required by State law.
|(a)||A current schedule and priority of all probation fees, authorized through a service agreement, must be filed by the probation entity with MPOU and comply with applicable laws and rules.|
|(b)||No probation entity or individual may offer any program services or components for an additional fee unless the fee is authorized by the probation entity's service agreement and has been ordered by the court, or as required by State law.|
|(c)||It shall be the duty of the probation entity to collect and disburse funds and faithfully keep the records of accounts as required by the court, MPOU, and State law.|
|(d)||No probation entity or individual shall require collection of probation supervision fees prior to providing services.|
|(e)||The failure to adhere to any of these requirements in (a) through (d) above shall subject the probation entity and individuals to sanctions as provided in these rules.|
Probation case supervision may be transferred from one probation entity to another with the approval of the court of original jurisdiction and/or as provided by Interstate Compact.
|(a)||The Sending Probation Entity. The sending probation entity will be responsible for contacting the receiving probation entity and determining if the transfer is feasible. The sending probation entity shall provide the court of original jurisdiction with necessary information for consideration of the transfer.|
|(b)||Approval of the Transfer. Upon approval of the transfer, the sending probation entity will instruct the probationer in writing as to where and when to report to the receiving probation entity and will forward a case management package to the receiving probation entity. The package should include: a copy of the sentence, a copy of all case history information and a statement of financial obligations and collections to date.|
|(c)|| Transfer of Cases
Involving Financial Collections. When a case is transferred from one probation
entity to another, the sending probation entity remains responsible for the
collection of all original fines, fees and surcharges, with the exception of
monthly probation supervision fees unless otherwise ordered by the court.
|(d)||Probation Violations by Transferred Probationers. When violations occur during supervision by the receiving probation entity, it is the responsibility of the receiving probation entity to investigate and report back to the sending probation entity in order for the court of original jurisdiction to be informed unless otherwise ordered by the court.|
|(e)||If the probationer fails to report or the case is determined to be unacceptable to the receiving probation entity, the receiving probation entity should contact the sending probation entity in an effort to resolve the problem. If the situation cannot be resolved, the case management package should be returned to the sending probation entity with sufficient documentation of the problem and the original sending probation entity should inform the court of original jurisdiction of the situation unless otherwise ordered by the court.|
|(f)||If probation violations occur subsequent to a transfer, the sending probation entity and the court of original jurisdiction retains responsibility to pursue appropriate follow-up action unless otherwise ordered by the court.|
|(g)||Sentence Expiration. When the terms of the probation sentence expire for a transferred probationer, the receiving probation entity will forward a brief confirmation report back to the original sending probation entity confirming that probation supervision has been terminated. In accordance with court policy, the sending probation entity shall inform the court that probation supervision has been terminated.|
|(h)||Transfer of Probation Supervision Into and Out of State. Probation case supervision will be transferred from a probation entity to a probation office or probation entity between states according to the requirements of the Interstate Compact for Adult Offender Supervision.|
|(i)||All probation entities and individuals shall abide by the Interstate Compact statute O.C.G.A. § 42-9-81.|
In the event a probation entity becomes associated with another corporation, enterprise or agency, or becomes consolidated with another government, whether through acquisition, merger, sale or any other such transaction, that probation entity shall inform MPOU of such change within 10 days after the transaction. The written notice shall include the names, addresses and telephone numbers of all primary parties, the effective date of the merger or sale or consolidation, and the nature of the business relationship of the new probation entity. A violation of any provision contained in the applicable statute may result in a breach of contract for all probation services rendered.
|(a)||All parties must be approved by MPOU to provide misdemeanor probation supervision services prior to the merger, sale or any other such transaction.|
|(b)||Probation entities must adhere to rule 105-2-.08 and have an approved service agreement prior to providing probation services.|
|(c)||Failure to obtain such approval shall subject the entity to sanctions provided by these rules.|
Any probation entity that solicits business is required to meet the following requirements:
|(a)||Any advertisement must contain the full name of the probation entity;|
|(b)||No probation entity may advertise in any manner that is false or misleading, nor may any advertisement make any false or misleading claim and;|
|(c)||No Probation entity may use the logo or the seal of the State of Georgia in any advertising or on any probation entity stationary or correspondence.|
MPOU is authorized and empowered to conduct audits, inspections, and investigations of probation entities and individuals to determine and monitor compliance with requirements.
|(a)||Audits and inspections may be conducted at any site, location, or place, and may be initiated any time during operating or other reasonable hours, of such probation entity in order to assess compliance with requirements.|
|(b)||MPOU is authorized and empowered to conduct investigations to determine whether any probation entity or individual requirements have been, or are being violated. Such investigations may be conducted at any site, location, or place, may be initiated any time during operating or other reasonable hours, may continue during a pending administrative action initiated by MPOU, and may involve any person who may have information related to an alleged or suspected violation by a probation entity. Investigations may be initiated by MPOU, at its discretion, when it suspects actual or potential noncompliance with requirements on the part of a probation entity or individual, or when any person alleges facts which, if true, likely would constitute a violation of the law or these rules.|
|(c)||Consent to entry and access. A registration application or the approval by MPOU constitutes consent by the registration applicant and the owner/director of the premises for MPOU representatives to enter the premises for the purpose of conducting an audit, inspection, investigation, or monitoring.|
|(d)||MPOU representatives must be allowed immediate entrance and access to the probation entity premises and to sources of information determined by MPOU to be pertinent to making a full compliance determination. This information includes, but is not limited to: all individuals, all parts of the premises, probationers records, and any document(s) related to the initial or continued registration approval of a probation entity or individual.|
|(e)||MPOU additionally shall have the authority to require the probation entity or individual to provide any relevant documents including originals where available or photocopies or portions thereof. This authority extends to documents to which confidentiality or privilege otherwise would attach.|
|(f)||Cooperation with inspection. Probation entities and individuals must cooperate with any inspection or investigation by MPOU and must provide, without delay, any information reasonably requested by MPOU.|
MPOU in addition to other sanctions shall have the authority to deny, suspend, and revoke the registration approval of a probation entity for noncompliance with any applicable laws or rules. MPOU shall also have the authority to revoke existing registration if an entity fails or refuses to adhere to registration requirements. Additionally, it shall have the authority to issue a written reprimand or assess administrative fines in addition to other sanctions against any probation entity or individual for noncompliance with requirements. In considering which sanction to impose, MPOU shall consider the history of compliance, the seriousness of the violations, whether the probation entity, or individual voluntarily reported problems giving rise to any violation, and whether good faith efforts were exhibited to correct areas of noncompliance prior or subsequent to their discovery by MPOU.
|(a)|| In addition to any other sanction,
probation entities or individuals may be sanctioned for any of the following:
When the Misdemeanor Oversight Unit Director finds that a violation of laws or these rules has taken place, the Director may take any one or more of the following actions:
|(a)||Administer a reprimand to the entity or individual.|
|(b)||Suspend for a fixed period of time the entity or individual's certification or authorization to do business, to engage in a specific activity as part of the business, or to supervise probationers.|
|(c)||Limit or restrict any authorization, certificate, or approval that has been previously approved by the MPOU.|
|(d)||Impose a fine or violations fee against the probation entity or individual in an amount not to exceed $5,000 per violation.|
|(e)||Impose any of the above sanctions but withhold enforcement of such sanctions and place the probation entity or individual on probation for a definite period of time under such conditions as may be imposed by the MPOU Director. Upon violation of any of the terms of probation, as determined by the MPOU Director, the original sanctions shall immediately take effect.|
|(f)||MPOU shall notify all courts served by the probation entity of any sanction imposed upon the probation entity for violating these rules and regulations.|
|(g)||MPOU Director shall have the authority to take emergency action against a probation entity or individual to immediately suspend its registration approval if MPOU finds that the public health, safety, or welfare imperatively requires emergency action.|
Upon a finding that a violation has occurred, MPOU shall send a letter by certified mail to the probation entity or individual, specifically noting the alleged violations.
|(a)||The probation entity or individual shall have 15 days from the date of such letter in which to submit any additional documents or other evidence in response to the allegations.|
|(b)||After consideration of the allegations and any additional evidence received from the probation entity or individual, the Director, with the concurrence of the Commissioner, shall determine what, if any, sanction shall be appropriate for each violation. Once the determination is made, the MPOU will notify the probation entity and/or individual, by certified mail, setting forth the violations found to exist and the sanctions imposed. The letter shall also inform the violator of the right to review by the Board of Community Supervision.|
|(c)||Within 10 days of receiving the sanctions notice, the probation entity or individual may request review by the Board of Community Supervision. If the violator does not seek review the sanction will be final. Except for emergency sanctions under Rule 105-2-21(g), if the violator seeks Board review, the sanction will be stayed until the Board reviews the sanction and acts on the sanction as provided in subsection (f) below.|
|(d)||It is the responsibility of all probation entities to maintain their mailing address current and up-to-date with MPOU as any and all correspondence will be sent to the address on file.|
|(e)||If the probation entity or individual requests review of the sanction imposed by the MPOU Director, the record, including any materials submitted by the probation entity or individual, shall be forwarded to the Board of Community Supervision for review. The request for review should be made in writing and addressed to the MPOU Director.|
|(f)||The Board of Community Supervision shall review the sanction imposed and affirm the sanction, alter the sanction, or remand the matter to the Director.|
|(g)||If the Board affirms the sanction or imposes an alternative sanction, notice of the sanction shall be sent to the probation entity or individual sanction by certified mail. The entity or individual against whom the sanction has been imposed may appeal as provided by O.C.G.A § 42-3-10.|
In the event that any rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect, as if such rule or portions thereof so determined, declared, or adjudicated invalid or unconstitutional were not originally a part of these rules.
All probation entities and individuals affiliated with misdemeanor probation supervision are expected to conduct themselves in a professional manner and adhere to all applicable statutes and regulations. Citizens may file a complaint with MPOU. All complaints will be investigated and remain confidential until the investigation is completed.
|(a)||MPOU shall open an investigation and notify the probation entity and/or the individual of the investigation in writing. A copy of the complaint or summary of the complaint shall be sent to the probation entity and/or individual. Identifying information of complainants may be redacted.|
|(b)||The MPOU shall develop procedures and forms, as needed, for the acceptance of complaints from members of the public regarding conduct of entities or individuals subject to these rules.|