Rule 105-2-.14 - Probation Entity RecordsEach probation entity must maintain the following records for the period required by law at no less than three years and the records must be available and accessible for inspection by the affected county, municipality, consolidated government, the court, the Department of Audits and Accounts or MPOU upon request.
(a) Required records are as follows: 1. All written contracts or service 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 and individual applications for registration and supporting documents submitted to MPOU;8. All training records and individual personnel files;9. The registration approval issued to the probation entity and individuals by MPOU; and10. All documents related to the case management of probationers to include but not limited to case history, accounting ledgers, and payment receipts must be retained for a period required by law after the probation case closes at no less than 3 years.11. Pursuant to O.C.G.A § 42-8-109.2(b) (1) (A), "Any probationer under supervision shall be provided with a written receipt and a balance statement each time he or she makes a payment." All other reports, files, records, and papers of whatever kind relative to the supervision of probationers are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, or an auditor appointed by such county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the Board.12. All other reports, files, records, and papers of whatever kind relative to the supervision of probationers may also be disclosed to verified law enforcement agencies solely to perform law enforcement duties and responsibilities.13. The foregoing reports, files, records, and papers of whatever kind relative to the supervision of probationers are not subject to disclosure pursuant to a subpoena.14. All applicable reports, files, records, and papers of whatever kind relative to the supervision of probationers shall comply with all applicable laws and regulations pursuant to GA Records Act O.C.G.A § 50-18-90 et. seq.Ga. Comp. R. & Regs. R. 105-2-.14
O.C.G.A. §§ 42-8-106.1, 42-8-109.2.
Original Rule entitled "Probation Entity Records" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.Amended: F. Jan. 3, 2019; eff. Jan. 23, 2019.Amended: F. Feb. 18, 2022; eff. Mar. 10, 2022.