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 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 provide 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" 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 by 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.
| (a) |
The following shall be ineligible for registration:
| 1. |
Any applicant whose registration approval
has ever been revoked for falsifying probation entity records. |
| 2. |
Any applicant whose registration approval
has been revoked for any other reason within the 5 year period prior to
application will not be approved to operate a new probation entity. |
| 3. |
Any applicant who has a history of
non-compliance with requirements as evidenced by at least 3 previous notices of
noncompliance, suspension(s) or administrative fine(s). |
|
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
O.C.G.A. § 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. |
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 which a probationer may or shall attend. This paragraph
shall not prohibit furnishing any probationer, upon request, with the names of
certified DUI Alcohol or Drug Use Risk Reduction Programs. 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 a provider
center. |
| (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. |
| (a) |
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
MPOU:
| 1. |
Description of the extent of
services to be rendered by the probation entity to include scope of
work; |
| 2. |
Individual qualifications
which meet or exceed the statute; |
| 3. |
Criminal records checks completed on all
individuals in accordance with laws and these rules; |
| 4. |
Policies and procedures for individual
training; |
| 5. |
Private Probation
Entities Only-Liability Insurance ($1 Million) and Bonding of staff (at least
$25,000); |
| 6. |
Staffing levels and
standards of supervision, including the type and frequency of contacts, and
staff to probationer ratio; |
| 7. |
Collection procedures for handling court-ordered fines, fees, and
restitution; |
| 8. |
Procedures for
handling indigent probationers, pay only cases, and consecutive sentences;
|
| 9. |
Revocation procedures and
circumstances; |
| 10. |
Reporting and
record keeping procedures; |
| 11. |
Default and contract termination procedures with specific expiration date not
to exceed 5 years unless authorized by statute; and |
| 12. |
A schedule of probation fees and charges
assessed to the probationers supervised by the probation entity. The schedule
should include all fees required by law or these rules. |
|
| (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.
| 1. |
Initial Qualifications of Probation
Entity. Upon application for registration approval to operate a probation
entity, the applicant must include at least one employed person who is
responsible for the direct supervision of probation officers. This supervisor
shall have a minimum of 5 years' experience in one or a combination of the
following: corrections counseling, parole officer, or probation officer. In its
discretion, MPOU may approve experience not listed above. |
| 2. |
Ongoing Qualifications of Probation
Entities.
| (i) |
Maintain a clear criminal
record; |
| (ii) |
Ensure each individual
completes continuing education; |
| (iii) |
Maintain continued employment of
probation officer supervisor and; |
| (iv) |
Adhere to all other requirements
established in these rules. |
|
| 3. |
Change of location. The owner and/or
entity director must notify MPOU prior to any change in the location of the
primary entity location or address. |
| 4. |
Change of contact information. The owner
and/or entity director must notify MPOU of any change in the probation entity's
telephone number, email, or other pertinent contact information within 3
business days. |
|
| (b) |
Probation Officers Requirements. To be employed as a probation officer with a
probation entity the following shall be required:
| 1. |
Initial Qualifications of Probation
Officers.
| (i) |
Be at least 21 years of age at
the time of appointment; |
| (ii) |
Complete a standard 2 year college course of study or 90 quarter hours or 60
semester hours from an accredited institution or have four years of law
enforcement experience as a certified peace officer or jurisdictional
equivalent, at the time of appointment. Any private probation officer who was
employed as of July 1, 1996 and who had at least 6 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. Documentation of education, law
enforcement experience, and POST certification shall be maintained in the
probation officer's personnel files; |
| (iii) |
Complete a 40 hour initial orientation
program within 6 months of appointment, and 20 hour annual in-service
continuing education training program, consisting of a curriculum approved by
MPOU. Training documentation shall be maintained in the probation officer's
file and; |
| (iv) |
Sign a statement
co-signed by the probation entity director or his/her designee that the
probation officer has received an orientation on these rules as well as
operations guidelines relevant to the probation officer's job duties which
shall be maintained in the probation officer's personnel files. |
|
| 2. |
Ongoing qualifications of
Probation Officers.
| (i) |
Maintain a clear
criminal record; |
| (ii) |
Ensure each
individual completes continuing education and; |
| (iii) |
Adhere to all other requirements
established in these rules. |
|
| 3. |
Change of contact information. All
probation officers must notify MPOU of any change in his/her address, telephone
number, email, or other pertinent contact information within 3 business
days. |
|
| (c) |
Administrative
Employee, Agent, Intern, or Volunteer Requirements. To work with a probation
entity in any capacity, the following shall be required:
| 1. |
Initial qualifications of Administrative
Employee, Agent, Intern, or Volunteer.
| (i) |
Be
at least 18 years of age; |
| (ii) |
Sign
a statement co-signed by the probation entity director or his/her designee that
the administrative employee, agent, intern, or volunteer has received an
orientation on these rules as well as operations guidelines relevant to the
administrative employee, agent, intern, or volunteer's job duties which shall
be maintained in administrative employee, agent, intern, or volunteer's
personnel files; |
| (iii) |
High School
diploma or equivalent and; |
| (iv) |
Complete a 16 hour initial orientation program within 6 months of appointment
and 8 hour annual in-service continuing education training program, consisting
of a curriculum approved by MPOU. |
|
| 2. |
Ongoing qualifications Administrative
Employee, Agent, Intern, or Volunteer.
| (i) |
Maintain a clear criminal record; |
| (ii) |
Ensure each individual completes
continuing education and; |
| (iv) |
Adhere to all other requirements established in these rules. |
|
|
| (d) |
The failure to
adhere to the above requirements shall subject the probation entity or
individual to sanctions as provided in these rules. |
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
conduct:
| 1. |
Intentionally falsified,
misrepresented, or omitted pertinent information while completing the
employment application, preliminary interview questionnaires, polygraph or any
other pre-employment document(s); |
| 2. |
Deliberately made inaccurate, misleading,
false, or fraudulent statements during the employment process; |
| 3. |
Failed to meet required educational or
professional licensing or certification (if applicable); |
| 4. |
Has any felony conviction; |
| 5. |
Has any outstanding misdemeanor or felony
charge pending adjudication; |
| 6. |
Has
sufficient misdemeanor convictions to establish a pattern of disregard for the
law; |
| 7. |
Engaged in any crime of a
serious or aggravated nature; |
| 8. |
Convicted or plead nolo contendere within the past three (3) years for Driving
Under the Influence of Drugs or Alcohol (DUI) or for any serious traffic
offense, including, but not limited to: Fleeing or Attempting to Elude a Police
Officer, Vehicular Homicide, Failure to Stop, Render Aid, or Leave Information,
and Racing; |
| 9. |
Has 5 or more
convictions and/or pleas of nolo contendere within the past 2 years for any
moving violations; |
| 10. |
Ongoing
criminal activity or history of criminal activity other than minor traffic
offenses; |
| 11. |
Completed first
offender sentence for an offense that indicates a security risk; |
| 12. |
Engaged in any illegal drug use within
the past 12 months; |
| 13. |
Any pattern
of marijuana use that suggests un-rehabilitated substance abuse; |
| 14. |
Any pattern of drug use, other than
marijuana, that suggests unrehabilitated substance abuse within the past 3
years; |
| 15. |
Illegal sale,
distribution or manufacturing (to include growing) of any drug; |
| 16. |
Deliberate association of a personal
nature within the past year with persons who use illegal drugs in the presence
of the applicant; |
| 17. |
Use of any
prescription drug or legally obtainable substance in a manner for which it was
not intended and/or; |
| 18. |
Under
sanction by Peace Officer Standards and Training (P.O.S.T). |
|
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; |
| (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 MPOU training curriculum is to ensure
that individuals receive sufficient training to enable them to provide
probation services that are professional, competent and efficient. To satisfy
these training requirements, the curricula 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 of employment. All directors/owner must
also complete the probation officer training if providing supervision services.
| 1. |
Probation Officer Orientation Curriculum
| (i) |
A 5-hour block of instruction covering
General Probation Overview and consisting of: The History of Probation, Ethics
and Professionalism, Probation Officer Liabilities and Responsibilities,
Constitutional Law, and Probation Law; |
| (ii) |
A 20-hour block of instruction covering
Probationer Management and consisting of: Confidentiality, Intake, Preparation
and Maintenance of Files, Case Documentation, Interviewing and Communication
Skills, Available Sentencing Options, Financial Collections, Community Service,
Alcohol and Substance Abuse, and Personal Welfare and Safety; and |
| (iii) |
A 15-hour block of instruction covering
Legal Procedures and Reports and consisting of: General Report Writing
Techniques, Violations, Delinquency Reports and Warrants, Courtroom Protocol,
Testimony and Revocation Proceedings, First Offender Act, Case Termination
Reports, Domestic Violence, and Statutory Changes and Updates. |
|
|
| (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.
| 1. |
Annual In-Service Training shall be on
topics that relate to the criminal justice system and/or the operation of the
probation entity as approved by MPOU. |
|
| (c) |
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.
| 1. |
Administrative Employee, Agent,
Intern, or Volunteer Orientation Curriculum.
| (i) |
A 4-hour block of instruction covering:
The History of Probation, Ethics and Professionalism, Probation Officer
Liabilities and Responsibilities, Constitutional Law, and Probation
Law; |
| (ii) |
A 8-hour block of
instruction covering Probationer Management and consisting of: Confidentiality,
Intake, Preparation and Maintenance of Files, Case Documentation, Interviewing
and Communication Skills, Available Sentencing Options, Financial Collections,
Community Service, Alcohol and Substance Abuse, and Personal Welfare and
Safety; and |
| (iii) |
A 4-hour block of
instruction covering Legal Procedures and Reports and consisting of: General
Report Writing Techniques, Violations, Delinquency Reports and Warrants,
Courtroom Protocol, Testimony and Revocation Proceedings, First Offender Act,
Case Termination Reports, Domestic Violence, and Statutory Changes and
Updates. |
|
|
| (d) |
Administrative 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.
| 1. |
Annual In-Service Training shall be on
topics that relate to the criminal justice system and/or the operation of the
probation entity as approved by MPOU. |
|
| (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, American Correctional Association, and/or credible
sources approved by MPOU. All training must be approved by MPOU. |
| (g) |
Trainer Requirement. Trainers will have
expertise in the area of training. A college degree or POST certification is
preferred. Probation entities shall maintain a description of the course and
the contact information of the trainer on file. Training provided by
professional training services shall be accepted so long as a description of
the course and the trainer's contact information is maintained on file and has
been 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 entityactivity report in such detail as the judge and MPOU
may require.
| (a) |
Probation entity
quarterly activity reports shall be submitted within 15 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 15th, 2nd quarter (April-June) due July 15th, 3rd quarter
(July-Sept.) due Oct. 15th, 4th quarter (Oct.-Dec.) due Jan
15th.
| 1. |
If the
15th day after the close of the quarter falls on a weekend or state or federal
holiday, the quarterly report shall be submitted by the following business day.
MPOU in its discretion shall allow for adjustments of due dates based on a case
by case basis as long as the request for extension is received by MPOU in
writing prior to the due date. |
| 2. |
Failure to submit quarterly reports in a timely manner may result in
sanctioning. |
|
| (b) |
The
quarterly reports shall include the following:
| 1. |
Number of probationers under
supervision; |
| 2. |
The amount of
fines, statutory surcharges, and restitution collected; |
| 3. |
The amount of fees collected and the
nature of such fees, including probation supervision fees; |
| 4. |
Rehabilitation programming fees; |
| 5. |
Electronic monitoring fees; |
| 6. |
Drug or alcohol detection device
fees; |
| 7. |
Substance abuse or mental
health evaluation or treatment fees if such services are provided directly or
otherwise to the extent such fees are known; |
| 9. |
The number of community service hours
performed by probationers under supervision; |
| 10. |
A listing of any other service for which
a probationer was required to pay to attend; |
| 11. |
The number of probationers for whom
supervision or rehabilitation has been terminated and the reason for the
termination; |
| 12. |
The number of
warrants issued during the quarter and; |
| 13. |
These reports shall be in such detail as
MPOU may require.
| (i) |
Entities shall be given
90 days advance notice of changes in reporting requirements. |
|
|
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.
| (a) |
Required
records are as follows:
| 1. |
All written
contracts or service agreements for probation services; |
| 2. |
All court orders for all probationers
assigned to the entity for supervision; |
| 3. |
All accounting ledgers and related
documents; |
| 4. |
All payment receipts
issued to probationers for all funds received; |
| 5. |
All probation case history and management
reports and documents; |
| 6. |
All other
documents pertaining to the case management of each probationer assigned to the
entity for supervision; |
| 7. |
The
probation entity and individual applications for registration and supporting
documents submitted to MPOU; |
| 8. |
All
training records and individual personnel files; |
| 9. |
The registration approval issued to the
probation entity and individuals by MPOU; and |
| 10. |
All documents related to the case
management of probationers to include but not limited to case history,
accounting ledgers, and payment receipts must be retained for a period required
by law after the probation case closes at no less than 3 years. |
| 11. |
Pursuant to O.C.G.A § 42-8-109.2(b)(1)(A),"Any probationer under supervision shall
be provided with a written receipt and a balance statement each time he or she
makes a payment." All other reports, files, records, and papers of whatever
kind relative to the supervision of probationers are declared to be
confidential and shall be available only to the affected county, municipality,
or consolidated government, or an auditor appointed by such county,
municipality, or consolidated government, the judge handling a particular case,
the Department of Audits and Accounts, the Department of Corrections, DCS, the
State Board of Pardons and Paroles, or the Board. |
| 12. |
All other reports, files, records, and
papers of whatever kind relative to the supervision of probationers may also be
disclosed to verified law enforcement agencies solely to perform law
enforcement duties and responsibilities. |
| 13. |
The foregoing reports, files, records,
and papers of whatever kind relative to the supervision of probationers are not
subject to disclosure pursuant to a subpoena. |
|
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 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 component for an additional fee
unless the fee is authorized by the probation entities 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.
| (i) |
Monthly probation fees collected and
retained by the sending probation entity shall not exceed an amount equal to
the number of months that the probationer was actually supervised. As of the
date of transfer, monthly probation supervision fees shall be collected and
retained by the receiving probation entity. |
| (ii) |
The sending probation entity will remain
responsible for the collection of all other financial obligations and is
responsible for instructing the probationer regarding forwarding scheduled
financial payments back to the original probation entity 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:
| 1. |
Knowingly making misleading, deceptive,
untrue, or fraudulent representation in obtaining certification, fulfilling
reporting requirements, or in the operations of an entity or individual, or
knowingly engaging in fraud or deceit or making false statements in any matter
required by law or these rules; |
| 2. |
Failing or refusing to provide MPOU with meaningful access to the probation
entity premises, individuals, probationers records, including refusing to
provide MPOU with documents reasonably necessary to making a compliance
determination; |
| 3. |
Changing
ownership of a private probation entity in order to avoid or avert the denial,
revocation, or suspension of registration; |
| 4. |
Altering or falsifying any probation
entity or individual records; |
| 5. |
Failing or refusing to remit required reports as outlined in these
rules; |
| 6. |
Failing to demonstrate
adherence to and satisfaction of the requirements, qualifications, or standards
required by law or by these rules; probation entity or individual requirements
or violating any law relating to the operation of a probation entity; |
| 7. |
Failing or refusing to abide by, or comply
with, any order or directive issued by MPOU pursuant to its authority as
provided by law or by these rules and regulations; |
| 8. |
Failing or refusing to properly supervise
its probation officers, agents, or individual employees to the detriment of the
public; |
| 9. |
Engaging in any
unprofessional, unethical, deceptive, or deleterious conduct or practice
harmful to the public, to a court, or to persons under the supervision of the
entity or the individual; |
| 10. |
Violating or attempting to violate any law, constitutional provision, rule, or
regulation of this state, any other state, the United States, or any other
lawful authority relating to the supervision of probationers or the operations
of an entity or individual that engages in such supervision; |
| 11. |
Committing any act or omission which is
indicative of bad moral character or untrustworthiness; |
| 12. |
Being terminated by a court or governing
authority for disciplinary reasons and/or; |
| 13. |
Committing any act or omission that MPOU
finds to be contrary to the spirit of these rules and regulations or contrary
to the public good. |
|
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. |
