Ga. Comp. R. & Regs. R. 105-2-.07 - Limitations on Who Can Operate or be Employed by a Probation Entity

(a) No probation entity nor any individuals of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article.

(b) No probation entity nor its individuals shall have personal or business dealings, including the lending of money, with probationers under their supervision.

(c) No probation entity nor its individuals, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services.

(d) No probation entity nor its individuals shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program, FVIP, or any program that has financial gain for the entity or individuals, which a probationer may or shall attend, on or after January 1, 2022, if certification expires or unless authorized by court order or service agreement. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol, Drug Use Risk Reduction Programs or FVIP. Any person violating this paragraph shall be guilty of a misdemeanor.

(e) No judicial officer, probation officer, law enforcement officer, or other officer or employee of a court; no person who owns, operates, or is employed by a probation entity and no professional bondsman or agent or employee thereof shall specify, directly or indirectly, a particular provider center which the person may or shall utilize when required. This subsection shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court; owner or entity director of a probation entity; or professional bondsman or agent or employee thereof from furnishing any person, upon request, the names of certified provider centers.

(f) No probation entity or its individuals or professional bondsman or agent or employee thereof shall be authorized to own, operate, or be employed by or as a provider entity.

(g) No probation entity or its individuals shall own or control any finance business or lending institution which makes loans to probationers under its supervision.

(h) No probation officer or individual shall simultaneously act as an interpreter for any judicial proceedings.

(i) All probation individuals must report secondary employment or volunteer obligations to the Entity Director for approval.

(j) No individual shall direct, own, or be an employee, agent, intern, or volunteer of a probation entity if the individual or individual's spouse would pose an actual, potential, or apparent conflict of interest due to the existence of a fiduciary, business or personal relationship with any probationer or due to the existence of any other relationship that would place the individual in a position to exert undue influence, exploit, take undue advantage of or breach the confidentiality of any probationer. Further, judicial officers, individual employees, or any spouse thereof, shall not direct, own, or be an employee, agent, intern, or volunteer of a private probation entity.

(k) The failure to adhere to any of the limitations in (a) through (j) above shall subject the probation entity or individual to sanctions as provided in these rules.

Notes

Ga. Comp. R. & Regs. R. 105-2-.07

O.C.G.A. §§ 42-8-109, 42-8-109.1, 42-8-109.4, 42-8-114, 19-13-10.

Original Rule entitled "Limitations on Who Can Operate or be Employed by a Probation Entity" 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.