Rule 105-2-.22 - Procedures for Imposition of SanctionsUpon a finding that a violation has occurred, MPOU shall send a letter by certified mail to the probation entity or individual, specifically noting the alleged violations.
(a) The probation entity or individual shall have 15 days from the date of such letter in which to submit any additional documents or other evidence in response to the allegations.(b) After consideration of the allegations and any additional evidence received from the probation entity or individual, the Director, with the concurrence of the Commissioner, shall determine what, if any, sanction shall be appropriate for each violation. Once the determination is made, the MPOU will notify the probation entity and/or individual, by certified mail, setting forth the violations found to exist and the sanctions imposed. The letter shall also inform the violator of the right to review by the Board of Community Supervision.(c) Within 10 days of receiving the sanctions notice, the probation entity or individual may request review by the Board of Community Supervision. If the violator does not seek review the sanction will be final. Except for emergency sanctions under Rule 105-2-21(g), if the violator seeks Board review, the sanction will be stayed until the Board reviews the sanction and acts on the sanction as provided in subsection (f) below.(d) It is the responsibility of all probation entities to maintain their mailing address current and up-to-date with MPOU as any and all correspondence will be sent to the address on file.(e) If the probation entity or individual requests review of the sanction imposed by the MPOU Director, the record, including any materials submitted by the probation entity or individual, shall be forwarded to the Board of Community Supervision for review. The request for review should be made in writing and addressed to the MPOU Director.(f) The Board of Community Supervision shall review the sanction imposed and affirm the sanction, alter the sanction, or remand the matter to the Director.(g) If the Board affirms the sanction or imposes an alternative sanction, notice of the sanction shall be sent to the probation entity or individual sanction by certified mail. The entity or individual against whom the sanction has been imposed may appeal as provided by O.C.G.A § 42-3-10.Ga. Comp. R. & Regs. R. 105-2-.22
O.C.G.A. §§ 42-8-106.1, 42-8-109.2, 42-3-10.
Original Rule entitled "Procedures for Imposition of Sanctions" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.