Current through Rules and Regulations filed through March 20, 2024
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;
5. Bonding of
staff;
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.
O.C.G.A. §§
42-8-101, 42-8-102, 42-8-107, 42-8-108.
