Georgia § 42-8-36 - Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys.

§ 42-8-36. Duty of probationer to inform officer of residence and whereabouts; violations; tolling; unpaid moneys.

It shall be the duty of a probationer, as a condition of probation, to keep his or her officer informed as to his or her residence. Upon the recommendation of the officer, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the officer informed as to his or her whereabouts. The running of a probated sentence shall be tolled upon: The failure of a probationer to report to his or her officer as directed or failure to appear in court for a probation revocation hearing; either of such failures may be evidenced by an affidavit from the officer setting forth such failure; or The filing of a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the officer to be the probationer's county of residence. Any officer authorized by law to issue or serve warrants may return the warrant for the absconded probationer showing non est inventus. The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue until the probationer shall personally report to the officer, is taken into custody in this state, or is otherwise available to the court. The clerk of court shall transmit a copy of a tolling order to the Georgia Crime Information Center within 30 days of the filing of such order. Any tolled period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. Any unpaid fines, restitution, or any other moneys owed as a condition of probation shall be due when the probationer is arrested; but, if the entire balance of his or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by the probationer's imprisonment. If only part of the balance of the probation is revoked, the probationer shall still be responsible for the full amount of the unpaid fines, restitution, and other moneys upon his or her return to probation after release from imprisonment. (Ga. L. 1958, p. 15, § 9; Ga. L. 1982, p. 3, § 42; Ga. L. 1984, p. 1317, § 1; Ga. L. 1986, p. 492, § 1; Ga. L. 1987, p. 455, § 1; Ga. L. 1989, p. 452, § 1; Ga. L. 1992, p. 6, § 42; Ga. L. 2010, p. 557, § 1/HB 859; Ga. L. 2015, p. 422, § 4-1/HB 310; Ga. L. 2016, p. 443, § 6B-8/SB 367.) The 2015 amendment, effective July 1, 2015, substituted "officer" for "probation supervisor" throughout this Code section; in subsection (b), inserted "or her" twice, and substituted "the probationer's" for "his" in the first sentence. See Editor's notes for applicability. The 2016 amendment, effective July 1, 2016, added the last sentence in paragraph (a)(3). Editor's notes. - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date." Law reviews. - For article, "A Review of Georgia's Probation Laws," see 6 Ga. St. B.J. 255 (1970). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016). For note on 1989 amendment of this Code section, see 6 Ga. St. U.L. Rev. 287 (1989).