04 HB 1161 / AP
1 2 3 4 5 6 7 8 the crime . The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper , including service of a probated sentence in the sentencing options system , as provided by Article 9 of Chapter 8 of Title 42 , and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court , even before the probationary period has begun , subject to the conditions set out in this subsection ; provided , however , that such action shall be subject to the provisions of Code Section 17-10-6.1 ."
9 10 11 12 13 14 15 16 17 18 19
SECTION 2 . Title 42 of the Official Code of Georgia Annotated , relating to penal institutions , is amended in subsection ( a ) of Code Section 42-5-50 , relating to documents required to be part of a sentence package , by deleting " and " from the end of paragraph ( 3 ), deleting the period and substituting "; and " at the end of paragraph ( 4 ), and inserting a new paragraph ( 5 ) at the end thereof to read as follows : "( 5 ) A copy of the sentencing information report is required in all jurisdictions with an options system day reporting center certified by the Department of Corrections . The failure to provide the sentencing information report shall not cause an increase in the 15 day time period for the department to assign the inmate to a correctional institution as set forth in subsection ( b ) of this Code Section ."
20 21 22 23 24 25 26 27 28 29 30
SECTION 3 . Said title is further amended by striking subsection ( g ) of Code Section 42-8-34 , relating to continuing jurisdiction of the sentencing judge over a probationer , and inserting in its place a new subsection ( g ) to read as follows : "( g ) The sentencing judge shall retain not lose jurisdiction over any person placed on probation during the term of the person ยด s probated sentence . The judge is empowered to revoke any or all of the probated sentence , rescind any or all of the sentence , or , in any manner deemed advisable by the judge , to modify or change the probated sentence , including ordering the probationer into the sentencing options system , as provided in Article 9 of this chapter , at any time during the period of time prescribed for the probated sentence to run ."
31 32 33
SECTION 4 . Said title is further amended in Code Section 42-8-35 , relating to terms and conditions of probation , by deleting " and " from the end of paragraph ( 11 ), deleting the period and
H . B . 1161 - 2 -