Compilation of Rules and Regulations of the State of Georgia
Department 105 - GEORGIA DEPARTMENT OF COMMUNITY SUPERVISION
Chapter 105-2 - MISDEMEANOR PROBATION OVERSIGHT UNIT
Rule 105-2-.19 - Audits, Inspections, Investigations, and Probation Entity Monitoring
Current through Rules and Regulations filed through March 20, 2024
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.
O.C.G.A. §§ 42-8-106.1, 42-8-109.3.
