Georgia Probation Laws

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Georgia probation laws provide a mechanism for punishing those found guilty of crime without the expense and hardship of incarceration. This can permit the probationer an opportunity to avoid prison, or reintegrate into society after having served time in prison, and reduces expenses and prison crowding for the state.

Probation can be a tricky proposition though. Probationers are assigned a probation officer [PO] who oversees their case and makes determinations that can result in the revocation of the probation if the probationer fails to meet any of the many requirements to qualify for the program.

The following chart lists some of the requirements to remain eligible for probation:

Statute Georgia Code, Title 42, Chapter 8
Terms and Conditions of Probation

Georgia probation laws require that the probationer:

  • avoid injurious and vicious habits;
  • avoid persons or places of disreputable character;
  • report to their PO as directed;
  • permit the PO to visit them at their home or elsewhere;
  • work faithfully at suitable employment, to the extent possible;
  • remain within a specified location;
  • repay anyone damaged by their offense per the order of the court;
  • repay the municipality or county for medical care they received while incarcerated;
  • repay costs for any wrongful acts committed while an inmate;
  • support their dependents, to the extent possible;
  • avoid violating local, state, and federal laws;
  • waive extradition, if out of state travel or relocation is permitted;
  • submit to rehabilitation tests and evaluations;
  • wear a tracking device;
  • complete substance abuse or mental health treatment as indicated by a risk and needs assessment;
  • agree to graduated sanctions when the PO finds they are warranted; and
  • pay for drug screenings.
Additional Probation Requirements

Those convicted of criminal offenses against a minor, or dangerous sexual offenses, may face additional requirements. Georgia probation laws permit the court to require that the probationer:

  • avoid the victim's school, work, home, or other specified places where the victim is present or where minors congregate such as child care facilities, churches, or schools;
  • allow, either in person or remotely, the viewing and recording of all of their incoming and outgoing email, their internet activity, and other digital communications;
  • allow unannounced inspections of the contents of their computer or any other device with internet access; and
  • be prohibited from seeking election to the local board of education.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

To find more information on Georgia probation laws check the following links:

Questions About Probation? An Attorney Can Help

If you, or someone you know, has been convicted of a crime and is entering into a probation program you may think you no longer need an attorney. This couldn't be farther from the truth. Probation programs often give rise to situations where a lawyer's ability to interpret, understand, and argue legal requirements can make the difference between continued freedom and a return to prison. Contact a Georgia criminal defense attorney and get answers to your probation questions.

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