Chapter 503-1 PROBATION SERVICES
The council shall be known as the County and Municipal
Probation Advisory Council of Georgia.
The purpose of the council is to promulgate rules and
regulations regarding contracts or agreements for the provision of probation
services; for the conduct of business by private entities providing probation
services and county, municipal, or consolidated governments establishing
probation systems; providing for the registration application and approval of
private probation entities and county, municipal, or consolidated government
probation systems; insuring that uniform professional and contract standards
are practiced and maintained by private corporations, private enterprises or
agencies, and county, municipal, or consolidated governments in rendering
misdemeanor probation supervision, counseling and collection services to
courts; and providing for the inspection and investigation of such entities and
enforcement of registration requirements by the council.
The governing statutes for the County and Municipal Probation
Advisory Council are found in the OCGA § 42-8-100 to § 42-8-108
Unless the context requires otherwise, the following words and
terms shall have the following meanings:
(a) |
"Governing Authority" means 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. |
(b) |
"Probation Entity" means any probation
service, corporation, enterprise, or agency which enters into written contracts
or agreements with courts to provide probation supervision, counseling, and
collection services for all persons convicted of a misdemeanor and placed on
probation by such court. A "probation entity" may be privately owned and
operated or run by the governing authority of a county, municipality, or
consolidated government. |
(c) |
"Council" means the County and Municipal Probation Advisory Council. |
(d) |
"Quorum" means the majority of the seats
on the council that must be present for valid transaction of
business. |
(e) |
"Registration
application" means the written application process a probation entity must
complete in order to be an approved probation service provider. |
(f) |
"Registration approval" means written
authorization by the County and Municipal Probation Advisory Council to any
probation entity to provide probation services. Registration approval is a
prerequisite for initial and continued probation entity operation. It is
granted and continued upon a showing of initial and continued compliance with
the requirements set forth in these rules and regulations. Registration
approval specifically authorizes a probation entity to enter into agreements
with courts and governing authorities to provide probation services. |
(g) |
"Probationer" means any misdemeanor
offender sentenced by a court of this state and assigned to a probation entity
for supervision, counseling, financial collections and compliance with any
other court-ordered condition. |
(h) |
"Reprimand" means a written notice to a probation entity for noncompliance of
minor or first-time violations of requirements. |
(i) |
"Revocation" means the termination by the
council of the registration approval of a probation entity based upon failure
to comply with requirements as set forth in these rules and
regulations. |
(j) |
"Moral Turpitude"
means an act of baseness, vileness or depravity in the private and social
duties which man owes to his fellow men or to society in general, contrary to
the accepted and customary rule of right and duty between man and man. It is
said to be restricted to the gravest offenses, consisting of felonies, infamous
crimes, and those that are malum in se and disclose a depraved mind.
Individuals convicted of a felony are excluded from serving as an owner,
operator, director, agent, or employee of a probation entity. (Rule
503-1-.19(a)(3)) Misdemeanor offenses considered to involve moral turpitude include, but are
not limited to pimping, soliciting for prostitutes, false swearing, and
theft. |
(k) |
"Conviction" means a
finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in
a criminal proceeding. |
(l) |
"Suspension" means a temporary stop, a temporary delay, interruption, or
cessation. |
(m) |
"Volunteer" means a
person who gives their services without any express or implied promise of
remuneration. |
(n) |
"Director" shall
be any person who participates in the operations, marketing, marketing
consulting or decision making of any probation entity. This would be any person
who benefits financially either directly or indirectly from the entity. The
definition of Director does not include individuals beneficially owning stock
or other securities of a publicly-held corporation unless such individual (a)
beneficially owns more than 5% of the voting capital stock of such corporation,
or (b) otherwise meets the requirements of the definition of Director as set
forth herein. |
(o) |
"Five year
Probation Officer Supervisor" experience in corrections, parole or probation
services required by Rule 22 is interpreted as experience as a probation
officer, parole officer, or corrections counselor. |
The County and Municipal Probation Advisory Council is assigned
to the Administrative Office of the Courts for administrative purposes. The
rules and regulations of the council will be administered by the staff director
of the council.
The principal office of the council is: Suite 300, 244
Washington Street, SW, Atlanta, Georgia 30334-5900.
The County and Municipal Probation Advisory Council is composed
of eleven voting members.
(a) |
Five
members shall be designated by respective councils of courts for indeterminate
terms:
1. |
One superior court judge designated
by the Council of Superior Court Judges, representing a judicial circuit
operating under a contract with a private probation entity; |
2. |
One state court judge designated by the
Council of State Court Judges, representing a county operating under a contract
with a private probation entity; |
3. |
One probate court judge designated by the Council of Probate Court Judges,
representing a county operating under a contract with a private probation
entity; |
4. |
One magistrate court
judge designated by the Council of Magistrate Court Judges, representing a
county private operating under a contract with a private probation entity;
and |
5. |
One municipal court judge
designated by the Council of Municipal Court Judges, representing a
municipality private operating under a contract with a private probation
entity. |
|
(b) |
Five members
shall be appointed by the Governor for terms of four years:
2. |
One mayor or member of a municipal
governing authority; |
3. |
One county
commissioner; |
4. |
One public
probation officer; and |
5. |
One
private probation officer or individual with expertise in private probation
service by virtue of training or employment, currently serving in a judicial
circuit operating under a contract with a private probation entity. |
|
(c) |
One member shall be the
Commissioner of Corrections or his or her designee for an indeterminate
term. |
(d) |
Subsequent vacancies on
the council will be filled in the same manner as initially filled for unexpired
terms. Members may not continue to serve on the council beyond the period for
which originally appointed. |
(e) |
Membership on the council does not constitute public office and no member shall
be disqualified from holding public office by reason of membership. |
The officers of the council are a chairperson and vice
chairperson
The council will annually elect a chairperson and vice
chairperson from its membership in such a manner that represented components
are not succeeded from one year to the next year. Officers will be elected from
a majority of the members of the council
The chairperson will call meetings, notify members as required,
preside at all meetings, name committees, represent the council with respect to
releases to the media and in dealing with other agencies and entities, and
perform such other duties and acts that pertain to the
office.
The vice chairperson will preside at meetings of the council in
absence of the chairperson. Upon the death, resignation, or during the
disability of the chairperson, the vice chairperson will perform the duties of
the chairperson for the remainder of the chairperson's term or until a
replacement is elected or until the disability ends, whichever first
occurs
The staff director will be the custodian of all papers,
documents, and other property of the council and will keep a record of all
proceedings of meetings of the council
(a) |
The staff director will assist in the
preparation of all notices, correspondence, policy statements, and opinions of
the council as directed and will serve in an ex officio capacity and not have a
vote in council activities. |
(b) |
In
addition, the staff director will perform other duties as may be assigned,
either by the council or the director of the Administrative Office of the
Courts. |
The council will meet each quarter or at such times and places
as necessary and convenient, or at the call of the chair or written request of
three members.
The council may appoint committees as
necessary.
The council has the following powers and duties:
(a) |
Promulgate rules and regulations for the
administration of the council, including rules of procedure for its internal
management and control; |
(b) |
Review
the uniform professional standards and uniform contract standards for probation
officers and uniform contract standards for probation contracts and submit a
report with its recommendations to the General Assembly; |
(c) |
Promulgate rules and regulations to
implement those uniform professional standards for probation officers employed
by a governing authority of a county, municipality, or consolidated government
that has established probation services and uniform agreement standards for the
establishment of probation services by a county, municipality, or consolidated
government; |
(d) |
Establish 40 hours
of orientation for new probation officers and 20 hours of annual continuing
education, provided that the 40 hour initial orientation shall not be required
of any person who has successfully completed a probation or parole officer
basic course of training certified by the Georgia Peace Officer Standards and
Training Council or any probation officer who has been employed by a county,
municipality, or consolidated government as of March 1, 2006; |
(e) |
Promulgate rules and regulations relative
to compliance and enforcement mechanisms that may include, but are not limited
to, the imposition of sanctions and fines and the voiding of contracts or
agreements; |
(f) |
Promulgate rules
and regulations for the registration of any private corporation, private
enterprise, private agency, or county, municipality, or consolidated government
providing misdemeanor probation services; |
(g) |
Produce an annual summary report;
and |
(h) |
Promulgate rules and
regulations requiring criminal records checks of all probation officers
employed by a probation entity. |
The council will review all uniform professional standards and
uniform contract and agreement standards and submit annual reports and make
recommendations to the General Assembly.
Reports, files, records, and papers relative to the supervision
of probationers are given the following treatment:
(a) |
All reports, papers, records, and files
relative to the supervision of probationers by a private corporation, private
enterprise, private agency, or by a county, municipality, or consolidated
government providing probation services, are confidential and available only to
the affected county, municipality, consolidated government, the court, the
Department of Audits and Accounts, appropriate law enforcement agencies acting
within the normal course of business, the council, and the
probationer. |
(b) |
In the event of a
transfer of the supervision of a probationer from a private corporation,
private enterprise, or private agency, or county, municipality, or consolidated
government providing probation services to the Department of Corrections, the
Department of Corrections shall have access to relevant reports, files,
records, and papers of the transferring entity. |
(c) |
All reports, files, records, and papers
of whatever kind relative to the supervision of probationers by private
corporations, private enterprises, or private agencies, or by a county,
municipality, or consolidated government providing probation services, shall
not be subject to process of subpoena. |
(d) |
Periodically, the council may prepare and
distribute aggregate, statewide information regarding the status of probation
activities. |
(a) |
The following persons may not own,
operate, direct, or serve as an employee or agent of a probation entity:
1. |
Any employee of the council, or any spouse
thereof; |
2. |
Any person for whom
owning, operating, directing or serving as an employee or agent 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 owner, operator,
employee or agent in a position to exert undue influence, exploit, take undue
advantage of or breach the confidentiality of any probationer. Further, no
judge, public probation officer or employee, employee of a court in this state,
or any spouse thereof, to the extent services are to be provided within the
same jurisdiction served by the judge, public probation officer, or court
employee may own, operate, direct or serve as an employee or agent of a private
probation entity; |
3. |
Any person who
has been convicted of a felony offense; or |
4. |
Any person convicted of a domestic
violence offense. |
|
(b) |
Any owner, operator, director, employee or agent shall not own, operate, or
have any interest in any finance business or lending institution which makes
loans to probationers under its supervision. |
(c) |
Any owner, operator, director, employee
or agent shall not own, operate, or have any financial interest in, be an
instructor, or be employed by any private entity which provides drug or alcohol
education services or offers DUI Alcohol or Drug Use Risk Reduction Programs
certified by the Department of Driver Services. |
(d) |
Any owner, operator, director, employee
or agent shall not specify, directly or indirectly, a particular alcohol or
drug education program which a probationer may or shall attend. Upon request,
probationers may be provided with the names of DUI Alcohol or Drug Use Risk
Reduction Programs certified by the Department of Driver Services. |
(e) |
Any owner, operator, director, employee
or agent shall not own, operate, or have any financial interest in any private
entity which provides ignition interlock services or shall not directly or
indirectly refer probationers to specific ignition interlock service providers.
This shall not prohibit furnishing probationers with the names and locations of
all ignition interlock providers certified by the Department of Public
Safety. |
Any employee, agent or volunteer who provides any service to
offenders or has access to probation entity records, or who has telephone or
face-to-face contact with offenders under Georgia supervision, or access to
offender data, must meet the following requirements:
(a) |
Be at least 18 years of age; |
(b) |
Sign a confidentiality statement agreeing
to hold the records of the probation entity confidential, to be maintained in
employee personnel files; |
(c) |
Sign
a statement cosigned by the probation entity director or his/her designee that
the employee has received an orientation on these rules as well as operations
guidelines relevant to that employee's job duties which shall be maintained in
employee personnel files; |
(d) |
Complete a criminal background check.
1. |
No
person shall be employed who has been convicted of sufficient misdemeanors to
establish a pattern of disregard for the law. Violations of misdemeanors when
the employee has received a pardon shall not be considered. |
2. |
No person shall be employed who has been
convicted of or pled guilty or nolo contendere to any misdemeanor involving
moral turpitude within 5 years preceding the date of employment. |
3. |
No person shall be hired with an
outstanding warrant for their arrest. |
4. |
No person shall be hired with a pending
charge in the following areas: felony, domestic violence, or misdemeanor
involving moral turpitude. |
|
(e) |
No person shall be employed who fails to
possess, at a minimum a high school or equivalent diploma, excepting those
participating in an established High School program; |
(f) |
Complete an initial 16-hour block of
instruction within six months of appointment, and 8 hours of annual in-service
continuing education training program, relevant to the performance of their
duties, and consisting of a curriculum approved by the council; and |
(g) |
Employees may assist Probation Officers
with case related administrative duties, but do not possess decision making
authority. |
The standards for any person employed as a probation officer
with a probation entity are:
(a) |
At
least 21 years of age at the time of appointment; |
(b) |
Completed a standard two-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 acertified
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 six months of experience as a private probation officer, or any person
employed as a probation officer by a county, municipality, or consolidated
government as of March 1, 2006, shall be exempt from such college requirements.
Documentation of education, law enforcement experience, and POST certification
shall be maintained in the employees personnel files; |
(c) |
Complete a 40-hour initial orientation
program within six months of appointment, where required by law, and 20-hour
annual in-service continuing education training program, consisting of a
curriculum approved by the council; and |
(d) |
Complete a criminal background check.
1. |
Under no circumstances shall any person
convicted of a felony be employed as a probation officer, use the title
probation officer or otherwise be responsible for the supervision of
probationers. |
2. |
No person shall be
employed who has been convicted of sufficient misdemeanors to establish a
pattern of disregard for the law, provided that, for purposes of this
paragraph, violations of traffic law and other offenses involving the operation
of motor vehicles when the employee has received a pardon shall not be
considered. |
3. |
No person shall be
employed who has been convicted of or pled guilty or nolo contendere to any
misdemeanor involving moral turpitude within 5 years preceding the date of
employment. |
4. |
No person shall be
hired with an outstanding warrant for their arrest. |
5. |
No person shall be hired with a pending
charge in the following areas: felony, domestic violence, or misdemeanor
involving moral turpitude. |
|
To be approved to operate a probation entity and continuously
thereafter, owners, directors and/or agents must have the qualifications set
forth below. These qualifications must be demonstrated at the time of
registration application and at any other time reasonably requested by the
council.
(a) |
Initial qualifications.
Upon application for registration approval to operate a probation entity, the
application must include at least one employed person who is responsible for
the direct supervision of probation officers. This supervisor shall have a
minimum of five years experience in corrections, parole or probation services;
provided however, that the five-year experience requirement shall not apply to
any such probation supervisor employed by a county, municipality or
consolidated government which was engaged in the provision of probation
services on April 15, 2006. |
(a) |
Clear criminal record.
1. |
No owner, operator,
director or agent may have been convicted of or pled guilty or nolo contendere
to any crime which constitutes a felony in this or any other state unless a
pardon has been obtained. |
2. |
No
person shall be employed who has been convicted of sufficient misdemeanors to
establish a pattern of disregard for the law. Violations of misdemeanors when
the employee has received a pardon shall not be considered. |
|
(b) |
Age. Must be at least
twenty-one years of age. |
(c) |
Confidentiality statement. Each owner, director or agent must sign a council
provided confidentiality statement agreeing to hold the identity of offenders
and records confidential. Confidentiality statement shall be maintained in the
employee personnel files; |
(f) |
Private Probation Service Plan. The registration application must demonstrate
through a written plan or sample contract form, the reasonable ability to
furnish continuous service in compliance with probation entity requirements
from the date operation commences. Private probation entity plans and contracts
must minimally contain the following information and must be filed and
maintained current with the council:
1. |
Description of the extent of services to be rendered by the entity; |
2. |
Staff qualifications which meet or exceed
the statute; |
3. |
Criminal records
checks completed on all staff in accordance with Rule
503-1-.26 and OCGA § 35-3-34; |
4. |
Policies and procedures for staff
training; |
6. |
Staffing levels and
standards of supervision, including the type and frequency of
contacts; |
7. |
Collection procedures
for handling court-ordered fines, fees, and restitution; |
8. |
Procedures for handling indigent
offenders; |
9. |
Revocation procedures
and circumstances; |
10. |
Reporting
and record keeping procedures; |
11. |
Default and contract termination procedures; and |
12. |
A schedule of the range of probation fees
and charges assessed to the probationers supervised by the entity. |
|
(g) |
Government Probation Service
Plan. The registration application must demonstrate through a written plan or
sample contract form, the reasonable ability to furnish continuous service in
compliance with probation entity requirements from the date operation
commences. Plans and contracts of a government probation entity that enters
into agreements with a judge to provide probation services must minimally
contain the following information and must be filed and maintained current with
the council:
1. |
Description of the extent of
services to be rendered by the local governing authority providing probation
services; |
2. |
Staff qualifications
which meet or exceed the statute; |
3. |
Criminal records checks completed on all
staff in accordance with Rule
503-1-.26 and OCGA § 35-3-34; |
4. |
Policies and procedures for staff
training; |
5. |
Staffing levels and
standards of supervision, including the type and frequency of
contacts; |
6. |
Collection procedures
for handling court-ordered fines, fees, and restitution; |
7. |
Procedures for handling indigent
offenders; |
8. |
Revocation procedures
and circumstances; |
9. |
Reporting and
record keeping procedures; |
10. |
Default and contract termination procedures; and |
11. |
A schedule of the range of probation fees
and charges assessed to the probationers supervised by the entity. |
|
(h) |
Ongoing qualifications.
1. |
Continued clear criminal record. Each
owner, director, agent and employee must maintain a criminal record free of
felony conviction or plea or misdemeanor convictions involving moral turpitude.
In addition, each owner, director, agent and employee must notify the council
in writing if he or she has been charged, arrested or pled guilty or nolo
contendere to, or has been convicted of any misdemeanor involving moral
turpitude or any felony, within ten business days of such event. |
2. |
Continuing education. Each operator,
director, agent and probation officer employed by a probation entity must
successfully complete 40 hours of initial orientation training within six
months of the beginning of operations, where required by law, and 20 hours of
relevant continuing education courses every year. |
3. |
Continued employment of probation officer
supervisor. Each owner, director, operator, or agent must continually employ at
least one person who is responsible for the direct supervision of probation
officers. This supervisor shall have a minimum of five years' experience in
corrections, probation, or parole services; excepting those programs operated
by a county, municipality, or consolidated government which was engaged in the
provision of probation services on April 15, 2006. |
|
In addition to meeting all other probation entity requirements,
every owner, operator, director or agent is responsible for the
following:
(a) |
Entering into a written
contract or agreement with each court for services provided; |
(b) |
Providing services for the supervision,
counseling and collection of court-ordered fines of probationers assigned to
the probation entity by the court; |
(c) |
The actions of all employees and agents
carried out within the scope of employment, whether they are characterized as
employees, agents or independent contractors; |
(d) |
Training all employees who have contact
with offenders to provide accurate information regarding their probation case
and to maintain confidentiality; |
(e) |
Maintaining an employee folder for every
employee containing the job application, signed statements required by these
rules, training records, law enforcement experience, POST certification,
documentation of education, and criminal history record check
information; |
(f) |
Prohibit the
solicitation of offenders for insurance, legal services, bail bonds, specific
clinical evaluations or treatment providers, or any other product or
service; |
(g) |
Ensuring the quality
of case management and execution of all court orders in a professional manner;
and |
(h) |
Complete accountability to
the court in reporting the status of probation cases assigned to the probation
entity for supervision. |
All probation entities engaged in probation services shall
initially submit a registration application and be approved by the council and
re-register as often as necessary to maintain current, up-to-date information
with the council. Registration application shall be approved prior to engaging
in or providing services to a court and shall be made utilizing forms and in
such detail as the council may require. Failure or refusal to register or
re-register shall subject the probation entity to sanctions or fines based upon
individual circumstances
No probation entity may operate without first registering and
being approved by the council as set forth herein.
(a) |
Registration application. All
registration applications must be submitted upon forms approved by the council,
following a procedure outlined by the council. The application must include all
information and documents designated by the council and must be truthful,
accurate, and complete.
1. |
Initial approval.
After receipt of a completed registration application evidencing that all
owners, in the case of private probation entities, and the designated director
have the qualifications set forth in rule
503-1-.22 and that other
probation entity requirements are met, the council shall approve the probation
entity. The council shall respond within 45 days with approval of registration
or deficiency statement. |
2. |
Ongoing
approval. Once initially approved, a probation entity will remain approved as
long as it remains in compliance with requirements. The council may require
that certain documents and information be submitted 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, employee training records
and criminal history record information. |
|
(b) |
Additional information for verification.
The council 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. |
(c) |
Non-transferability of registration approval. Approval of a probation entity is
not transferable. Application for new (initial) registration approval must be
submitted at least 30 days subsequent to any change in probation entity
ownership or control. All new owners, directors or agents must meet the
requirements set forth in rule
503-1-.22. |
(d) |
Management and control by owners and
directors. Registered owners, directors or agents are responsible for
exercising management and control over operation of the probation
entity. |
(e) |
Validity of
registration approval. All registration approvals issued pursuant to the laws
and regulations are valid only so long as the probation entity agent of record
is actively engaged in the operation of a probation entity. In the event the
agent of record ceases to be actively engaged in the operation of a probation
entity, the council must be notified. Inactivity of a probation entity for a
period of 6 months will cause entity's registration to lapse. Application may
be made to the council for an extension of time, which may be granted at the
discretion of the council. |
(f) |
Voluntary Withdrawal of Registration. Any owner, operator, director, or agent
may voluntarily withdraw their registration for operation as a misdemeanor
probation provider by submitting notice to the Council; provided, however, that
said entity does not have any pending complaints, investigations, or Council
action. Notice of Withdrawal of Registration may be submitted via certified
mail to the principal address of the Council noted in Council Rule
503-1-.06. |
Required. All owners, operators, directors, agents or employees
of a probation entity, who provide services to offenders, or have access to
probation entity records, or who have face-to-face contact with offenders under
Georgia supervision, or who have access to offender data will have a criminal
background check completed by the Administrative Office of the Courts in
accordance with OCGA § 35-3-34 and Council policy. The
Council may also complete criminal records checks during employment as often as
deemed necessary by the Council. The Administrative Office of the Courts shall
report to the probation entity the names and results of the criminal background
checks for all individuals. If necessary, the Administrative Office of the
Courts shall report the results of the criminal background check of the
individual to the council for any needed action.
a. |
Providers are responsible for
fingerprinting new employees through GAPS within 10 days of hire. |
The primary objective of the council's training curriculum is
to insure that administrative employees, probation officers, and operators,
receive sufficient training to enable them to provide probation services that
are professional, competent and efficient. The curriculum consists of forty
hours of initial training and twenty hours of annual in-service training
(a) |
Initial Orientation Training.
1. |
Private probation entities.
All private probation entities providing probation services will provide
40 hours of initial orientation training to all private probation officers who
were:
(1) |
initially employed after January 1,
1996, or |
(2) |
employed for less
than six months as of July 1, 1996. Private 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 six
months of employment. |
|
2. |
Government probation entities. All government probation entities
providing probation services will provide 40 hours of initial orientation
training to all probation officers. 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,
and any probation officer who has been employed by a county, municipality, or
consolidated government as of March 1, 2006, are exempt from the 40-hour
initial orientation training requirement. Initial training of new probation
officers shall be completed within the first six months of
employment. |
|
(b) |
Annual
In-Service Training. All probation entities providing probation services will
provide 20 hours of annual in-service training to all employed probation
officers or employees responsible for the supervision of probationers.
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. |
(c) |
Probation Officer Training Curriculum.
1. |
Initial Orientation Training shall
include:
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 Offender 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. |
|
2. |
Annual In-Service Training shall be on topics that relate to the criminal
justice system and the operation of the probation entity. |
|
(d) |
Training Responsibilities. Probation
entities providing probation services are responsible for developing,
presenting, or referring all employed probation officers to a training program
consistent with the approved curriculum. The progress and completion of initial
orientation and in-service training will be documented and maintained in
probation entity files utilizing the forms approved by the council. |
(e) |
Training Resources. Probation entities
providing probation services may obtain training resource information from
public libraries, local law enforcement agencies, local colleges and schools,
and national professional associations such as the American Probation and
Parole Association and the American Correctional Association. In developing
probation entity training plans, it is recognized that dissimilarities in
entity policies, procedures and contracted services will result in a variation
of emphasis placed on some curriculum topics. |
(f) |
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. These
records shall be maintained for a period of not less than two years. |
All probation entities shall provide the judge and the council
with a quarterly probation entity activity report in such detail as the judge
and council may require.
(a) |
Probation
entity quarterly activity reports shall be submitted within 30 days after the
close of each calendar quarter and shall be made utilizing forms approved by
the council.
(1) |
Graduated sanctions for
failure to submit quarterly reports 1, 2, 3, or 4 times within any 24 month
period. The 1st offense results in a notice of delinquency. |
|
(b) |
Probation entities shall
provide other reports in such detail as the county, municipality, consolidated
government, court, Department of Audits and Accounts or the council may
require. |
(c) |
All records of the
probation entity shall be open to inspection as requested by the county,
municipality, consolidated government, court, Department of Audits and Accounts
or the council. |
(d) |
The council may
produce aggregate reports summarizing statewide probation activities. |
(a) |
Confidentiality.
All records must be maintained in accordance with the confidentiality
provisions of rule
503-1-.17. |
(b) |
Required records. Each probation entity
must maintain the following records for a period of two years and records must
be available and accessible for inspection by the affected county,
municipality, consolidated government, the court, the Department of Audits and
Accounts or the council upon request:
1. |
All
written contracts or 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 application for registration and supporting documents
submitted to the council; and |
8. |
The registration approval issued to the probation entity by the
council. |
|
No probation entity shall assess, collect, or disburse any
funds as it pertains to the collection of court-ordered monies, except by
written order of the court or as required by State law.
(a) |
A current schedule of all probation fees
must be filed by the probation entity. |
(b) |
No probation entity, owner, director,
agent, or employee may offer any program service or component for an additional
fee unless the fee charge has been ordered by the court or as required by State
law. |
No owner, operator, director, agent or employee shall collect
or disburse any funds as it pertains to OCGA § 42-8-100, except by written or
oral order of the court or as required by State law. 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, council, or State
law.
Probation case supervision may be transferred from one
probation entity to another, within this state, with the approval of the court
of original jurisdiction
(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 entity will instruct the
probationer in writing as to where and when to report to the receiving entity
and will forward a case management package to the receiving entity. The package
should include: a copy of the sentence, a copy of all case history information,
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 entity remains responsible for the collection of all original
fines, fees and surcharges, with the exception of monthly probation supervision
fees.
1. |
Monthly probation fees collected and
retained by the sending 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. |
2. |
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. |
|
(d) |
Probation Violations by Transferred Probationers. When violations occur during
supervision by the receiving entity, it is the responsibility of the receiving
entity to investigate and report back to the sending entity in order for the
court of original jurisdiction to be informed.
1. |
If the probationer fails to report or the
case is determined to be unacceptable, the receiving entity should contact the
sending entity in an effort to resolve the problem. If the situation cannot be
resolved, the case management package should be returned to the sending entity
with sufficient documentation of the problem and the original sending entity
should inform the court of original jurisdiction of the situation. |
2. |
If probation violations occur subsequent
to a transfer, the sending entity and the court of original jurisdiction
retains responsibility to pursue appropriate follow-up action. |
|
(e) |
Sentence Expiration. When the
terms of the probation sentence expire for a transferred probationer, the
receiving entity will forward a brief confirmation report back to the original
sending entity confirming that probation supervision has been terminated. In
accordance with court policy, the sending entity will inform the court that
probation supervision has been terminated. |
(f) |
Transfer of Probation Supervision Into
and Out of State. Probation case supervision will be transferred from a
probation entity to a probation office or entity between states according to
the requirements of the Interstate Compact for Adult Offender
Supervision. |
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 the County and Municipal
Probation Advisory Council of such change within 30 days after the effective
date of 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) |
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. |
(b) |
Change of location. The owner, director
or agent must immediately notify the council in writing of any change in the
location of the primary entity location or address. |
(c) |
Change of telephone number. The owner,
director or agent must notify the council of any change in the entity's
telephone number. |
Any probation entity that solicits business must meet the
following requirements:
(a) |
Except as
provided in subparagraph (b) below, a probation entity must be currently
registered with the council in order to advertise in any manner and any
advertisement must contain the full name of the probation entity; |
(b) |
All probation entity telephone directory
listings in both white and yellow pages must be listed with the probation
entity registered name; |
(c) |
No
probation entity may advertise in any manner that is false or misleading, nor
may any advertisement make any false or misleading claim; |
(d) |
No probation entity may use the logo or
the seal of the State of Georgia in any advertising or on any probation entity
stationery or correspondence. |
The council or its designated representative(s) are authorized
and empowered to conduct inspections and investigations of probation entities
to determine and monitor compliance with requirements.
(a) |
Inspections. The council or its
designated representative(s) are authorized and empowered to conduct periodic
inspections at any time during the established operating hours of such
probation entity in order to assess compliance with requirements. |
(b) |
Investigations. The council or its
designated representative(s) are authorized and empowered to conduct
investigations to determine whether any probation entity requirements have
been, or are being violated by any probation entity. 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 the council, 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 the council, at its
discretion, when it suspects actual or potential noncompliance with
requirements on the part of a probation entity, or when any person alleges
facts which, if true, likely would constitute a violation of requirements.
1. |
Consent to entry and access. A
registration application or the approval by the council constitutes consent by
the registration applicant and the owner of the premises for the council's
representatives to enter the premises for the purpose of conducting an
inspection, investigation, or monitoring. |
2. |
Council representatives must be allowed
immediate entrance and meaningful access to the probation entity premises and
to sources of information determined by the council to be pertinent to making a
full compliance determination. This information includes, but is not
necessarily limited to: all staff, all parts of the premises, offender records
related to the initial or continued registration approval of a probation
entity. |
3. |
The council additionally
shall have the authority to require the probation entity 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; however any claim of confidentiality or
privilege will be preserved and will not be considered to have been waived as a
result of the council's access. |
4. |
Cooperation with inspection. Probation entity staff, employees,
representatives, and any agents thereof, must cooperate with any inspection or
investigation by the council and must provide, without delay, any information
reasonably requested by council representatives. |
|
(c) |
Noncompliance with probation entity
requirements. The council will notify any probation entity found not to be in
compliance with requirements. The council shall provide any such notification
in writing and shall state the specific rule(s) violated and the factual basis
for its finding of noncompliance. The probation entity then must correct all
violations within a reasonable period of time, as determined by the
council. |
(d) |
History of compliance.
Any Applicant who applies for registration approval; the council will consider
the applicant's history of compliance in determining the applicant's
eligibility for approval.
1. |
Any applicant
whose registration approval has ever been revoked for falsifying probation
entity records will not be approved. |
2. |
Any applicant whose registration approval
has been revoked for any other reason within the five-year-period prior to
application will not be approved to operate a new probation entity. |
3. |
The council may deny a registration
application if the applicant has a poor history of compliance with requirements
as evidenced by previous notices of noncompliance, suspension(s) or
administrative fine(s). |
|
The council shall have the authority to deny, suspend, and
revoke the registration approval of a probation entity for noncompliance with
requirements. Additionally, it shall have the authority to issue a written
reprimand or assess administrative fines against any probation entity for
noncompliance with requirements. In considering which sanction to impose, the
council shall consider the probation entity's history of compliance, the
seriousness of the violations, whether the probation entity voluntarily
reported problems giving rise to any violation, and whether the probation
entity exhibited good faith efforts to correct areas of noncompliance prior or
subsequent to their discovery by the council.
(a) |
Grounds for denial, suspension,
revocation, reprimand or assessment of administrative fines. The council may
base the denial, suspension, revocation, or assessment of an administrative
fine upon any of the following applicable grounds:
1. |
Knowingly making any verbal or written
false or misleading statement of material fact, or knowingly omitting to state
a material fact in connection with a registration application or in connection
with an inspection or investigation; |
2. |
Failing or refusing to provide council
representatives with meaningful access to the probation entity premises, staff,
offender records, including refusing to provide the council representatives
with documents reasonably necessary to making a compliance
determination; |
3. |
The applicant for
registration approval having an overall poor record of compliance, including,
but not limited to, denial of registration approval within the previous 12
months, registration revocation at any time in the past in this or any other
state, or registration suspension within the previous two years; |
4. |
Changing ownership of a private probation
entity in order to avoid or avert the denial, revocation, or suspension of
registration; |
5. |
Altering or
falsifying any probation entity records; |
6. |
Failing or refusing to remit required
reports as outlined in these rules; |
7. |
Failing or refusing to comply with any of
these rules and regulations, probation entity requirements or violating any law
relating to the operation of a probation entity; |
8. |
Failing or refusing to abide by, or comply
with, any order or directive issued by the council pursuant to its authority as
provided by law or by these rules and regulations; |
9. |
Failing or refusing to properly supervise
its officers, agents, or employees to the detriment of the public. The category
of fine under part (c) of this section will be determined by the council based
upon the egregiousness of the violation; and |
10. |
Committing any act or omission that the
council, by a majority vote, finds to be contrary to the spirit of these rules
and regulations or contrary to the public good. |
|
(b) |
Written reprimand or warning. The council
in its discretion may choose to issue a written notice of noncompliance to
probation entities for minor or first-time violations of requirements.
1. |
CMPAC staff shall notify the courts of
significant delinquent practice(s) or criminal activity. In addition to the
courts, the District Attorney (DA) and appropriate law enforcement agency of
the jurisdiction wherein the criminal activity is suspected to have occurred
shall be notified. |
|
(c) |
Administrative fines. The council has the authority to assess an administrative
fine, not to exceed $1,000 per violation, against any probation entity that
fails to comply with any probation entity requirement. Payments of assessed
fines are to be made to the council within 30 days after notice of assessment.
All fine monies collected by the council will be remitted to the state general
treasury. In determining the amount of the fine, the council may consider the
seriousness of the violation, whether the same or any other probation entity
requirement has been violated previously by the same probation entity owner,
director, agent or employee, and whether procedures designated to prevent the
violation were in place and were followed. When the council determines that a
fine will be imposed, violations will be categorized based on the following and
will rest on whether the same or similar violation has previously been cited:
1. |
CATEGORY I ($100 - $300). Violations
involving probation entity operating requirements. This includes, without
limitation, failure to maintain required records and documentation; |
2. |
CATEGORY II ($200 - $700). Violations
involving noncompliance with probation entity registration requirements. This
includes, without limitation, failure to submit required periodic reports and
documents; |
3. |
CATEGORY III ($400 -
$1,000). Violations involving fraud, providing false information or documents,
failure to account or produce official court documents and reports, and any
violations of the law as proved by a preponderance of the evidence. |
|
(d) |
Revocation or suspension. The
council, in its discretion, may choose whether to impose suspension or
revocation against a probation entity. If suspension or revocation of
registration approval is imposed in accordance with the provisions of OCGA
§ 50-13-18 of the Georgia
Administrative Procedure Act, the revocation or suspension becomes effective on
the date indicated by the council's order. Upon the termination of any period
of suspension, and upon a showing that the probation entity has achieved full
compliance with requirements and reinstatement requirements, the council shall
reissue the registration approval. However, nothing in these rules shall be
construed to prevent the council from denying probation entity registration
approval prior to any hearing on such action. |
(e) |
The council shall notify all courts
served by the probation entity of any sanction imposed upon the entity for
violating these rules and regulations. |
(f) |
The council shall have the authority to
take emergency action against a probation entity to immediately suspend its
registration approval should the council find that the public health, safety,
or welfare imperatively requires emergency action and incorporates a finding to
that effect in its order, in which case summary suspension of a registration
may be ordered pending a proceeding for revocation or other action under the
Administrative Procedures Act, OCGA § 50-13-18(c)(1),
which proceeding shall be promptly instituted and determined. |
(g) |
Pre-hearing conference. Prior to
appearing before council, a pre-hearing conference may be held. The entity and
its counsel, if any, a member of the Council's staff and an Assistant Attorney
General may participate. The purpose of the conference is to discuss any issues
in dispute and to provide the parties an opportunity to present any additional
matters relevant to the alleged violations. |
(h) |
Appearance before council. Prior to
appearing before council as a result of an investigation, the Council/staff
shall serve the affected entity with a notice to appear that contains a summary
of the allegations, investigative findings, and alleged violations of rule or
law. |
(a) |
Any
probation entity upon which the council has imposed any sanction set forth in
503-1-.37 of these rules may
appeal that decision by submitting a request for a hearing to the council
within fifteen (15) calendar days from the date of service of any notice of
sanction by the council.
1. |
A request for a
hearing is defined as a clear written expression by the affected probation
entity or authorized representative on its behalf to the effect that it wants
the opportunity to contest its case. The format of a request for hearing shall
consist of two parts:
(i) |
Part One shall
identify each point of appeal asserted. For each point of appeal asserted,
there shall also be a short, concise statement showing why the probation entity
should be granted relief on that point; |
(ii) |
Part Two shall contain the remainder of
the probation entity's argument on appeal. |
|
2. |
Mailing by certified mail to the last
known address of the probation entity shall constitute proper
service. |
|
(b) |
Hearings on
appeals filed by probation entities pursuant to this rule shall be conducted
pursuant to Chapter 13 of Title 50 of the Official Code of Georgia Annotated,
the Georgia Administrative Procedure Act, and shall be conducted by a hearing
officer (Administrative Law Judge) appointed by the Chief Administrative Law
Judge of the Office of State Administrative Hearings (O.S.A.H.), which hearing
officer shall have all the power and authority set forth in the Georgia
Administrative Procedure Act, and may preside at any conferences, reviews, or
hearings scheduled and/or conducted. |
(c) |
The council or hearing officer may deny
or dismiss a request for a hearing for the following reasons:
1. |
It has been withdrawn by the requesting
probation entity; |
2. |
If the
affected probation entity or his representative fails to appear at a hearing or
a settlement conference scheduled for such affected probation entity;
or |
3. |
If the affected probation
entity or its representative does not submit a written request for a hearing
within fifteen (15) days after service of the notice of sanction. |
|
(d) |
Appeals of decisions of the
hearing officer shall be conducted pursuant to the applicable provisions of the
Georgia Administrative Procedure Act. |
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 providers must comply with the 2011 Immigration Act. For
future registration renewalsall directors shall submit the lawful presence
affidavit.
The "Complaint Form" shall not be considered an initial
incident report. The complaint form shall remain confidential until the
investigation of the complaint is completed. When the provider is charged with
a violation by the Council he/she has a right to view the complaint.
Once a possible violation of rule or law has been identified by
council/staff the council/staff shall open an investigation and notify the
entity/agent/etc. of the investigation against that entity in writing. A copy
of the complaint or summary of the complaint shall be sent to the entity/agent.
Identifying information of complainants may be redacted. Staff shall summarize
the allegations, investigative findings, and alleged violations of rule or law
in a case summary. A courtesy copy of the case summary shall be forwarded to
the attorney general's office prior to conducting a pre-hearing conference. A
copy of the case summary shall also be delivered to the affected
entity.