Rule 503-1-.22 - Qualifications of Owners, Directors, and AgentsTo 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;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; and12. 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; and11. 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.Ga. Comp. R. & Regs. R. 503-1-.22
O.C.G.A. §§ 42-8-101, 42-8-102, 42-8-107, 42-8-108.
Original Rule entitled "Registration" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001.Repealed: New Rule of same title adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005.Repealed: New Rule entitled "Qualifications of Owners, Directors and Agents" adopted. F. July 21, 2006; eff. August 10, 2006.Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.Repealed: New Rule of same title adopted. F. Dec. 8, 2008; eff. Dec. 28, 2008.Repealed: New Rule of same title adopted. F. May 26, 2009; eff. June 15, 2009.Repealed: New Rule of same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.Amended: F. Sep. 5, 2014; eff. Sept. 25, 2014.