Ga. Comp. R. & Regs. 105-2-.08

Current through Rules and Regulations filed through November 21, 2024

Rule 105-2-.08 - Service Agreements

(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.

Ga. Comp. R. & Regs. R. 105-2-.08

O.C.G.A.§§ 42-8-106.1, 42-8-107, 42-8-109.3, 17-14-8, 42-8-109.4, 42-8-103, 42-8-102.

Original Rule entitled "Service Agreements" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.

Amended: F. Jan. 3, 2019; eff. Jan. 23, 2019.