Rule 503-1-.32 - Transfer of Probation Supervision Within Georgia and WithoutProbation case supervision may be transferred from one probation entity to another, within this state, with the approval of the court of original jurisdiction
(a) The Sending Probation Entity. The sending probation entity will be responsible for contacting the receiving probation entity and determining if the transfer is feasible. The sending probation entity shall provide the court of original jurisdiction with necessary information for consideration of the transfer.(b) Approval of the Transfer. Upon approval of the transfer, the sending entity will instruct the probationer in writing as to where and when to report to the receiving entity and will forward a case management package to the receiving entity. The package should include: a copy of the sentence, a copy of all case history information, a statement of financial obligations and collections to date.(c) Transfer of Cases Involving Financial Collections. When a case is transferred from one probation entity to another, the sending entity remains responsible for the collection of all original fines, fees and surcharges, with the exception of monthly probation supervision fees.1. Monthly probation fees collected and retained by the sending entity shall not exceed an amount equal to the number of months that the probationer was actually supervised. As of the date of transfer, monthly probation supervision fees shall be collected and retained by the receiving probation entity.2. The sending probation entity will remain responsible for the collection of all other financial obligations and is responsible for instructing the probationer regarding forwarding scheduled financial payments back to the original probation entity.(d) Probation Violations by Transferred Probationers. When violations occur during supervision by the receiving entity, it is the responsibility of the receiving entity to investigate and report back to the sending entity in order for the court of original jurisdiction to be informed. 1. If the probationer fails to report or the case is determined to be unacceptable, the receiving entity should contact the sending entity in an effort to resolve the problem. If the situation cannot be resolved, the case management package should be returned to the sending entity with sufficient documentation of the problem and the original sending entity should inform the court of original jurisdiction of the situation.2. If probation violations occur subsequent to a transfer, the sending entity and the court of original jurisdiction retains responsibility to pursue appropriate follow-up action.(e) Sentence Expiration. When the terms of the probation sentence expire for a transferred probationer, the receiving entity will forward a brief confirmation report back to the original sending entity confirming that probation supervision has been terminated. In accordance with court policy, the sending entity will inform the court that probation supervision has been terminated.(f) Transfer of Probation Supervision Into and Out of State. Probation case supervision will be transferred from a probation entity to a probation office or entity between states according to the requirements of the Interstate Compact for Adult Offender Supervision.Ga. Comp. R. & Regs. R. 503-1-.32
O.C.G.A. Secs. 42-8-35, 42-8-101, 42-8-106.
Original Rule entitled "Terms and General Conditions of Probation" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001.Repealed: New Rule entitled "Private Probation Entity Fees" adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005.Repealed: New Rule entitled "Transfer of Probation Supervision Within Georgia and Without" 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.