Georgia § 42-3-50 - Definitions; assignment of community service for personal gain prohibited.

§ 42-3-50. Definitions; assignment of community service for personal gain prohibited.

As used in this article, the term: "Agency" means any private or public entity or organization that provides services to the public and enhances the social welfare and general well-being of the community. Such term may include educational institutions and religious organizations that are nonprofit corporations or are qualified as tax exempt under 26 U.S.C. Section 501(c)(3), as it existed on March 1, 2018. "Community service" means uncompensated work by an offender with an agency pursuant to an order by a court as a condition of probation or in lieu of payment of financial obligations imposed by a court. "Community service officer" means an individual appointed by the court to place and supervise offenders sentenced to community service or educational advancement. Such term includes a paid professional or a volunteer. "Educational advancement" means attending a work or job skills training program, a preparatory class for the general educational development (GED) diploma, or similar activity. Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual. Subsection (b) of this Code section shall not apply to: Work on private property because of a natural disaster; or An order or direction by the court. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor. (Code 1981, § 42-3-50 , enacted by Ga. L. 2015, p. 422, § 1-1/HB 310; Ga. L. 2018, p. 550, § 2-11/SB 407.) The 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (a)(1) for the former provisions, which read: " 'Agency' means any private or public agency or organization approved by the court to participate in a community service program."; substituted the present provisions of paragraph (a)(2) for the former provisions, which read: " 'Community service' means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. Such term includes uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled person, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing."; in paragraph (a)(3), added "or educational advancement" at the end of the first sentence, substituted "includes" for "may mean" in the second sentence; added paragraph (a)(4); deleted former paragraph (c)(1), which read: "Services provided by an offender to a disabled person in accordance with paragraph (1) of subsection (c) of Code Section 42-3-52;"; redesignated former paragraphs (c)(2) and (c)(3) as present paragraphs (c)(1) and (c)(2), respectively; and deleted "sentencing" preceding "court" in paragraph (c)(2). Editor's notes. - This Code section is the same as or substantially similar to former Code Section 42-8-70. Law reviews. - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018). For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).