Bill of Rights

PROBATIONERS’ BILL OF RIGHTS

During the 2015 Legislative Session Governor Nathan Deal signed House Bill 310 into law and the Department of Community Supervision (DCS) was created.  As a result of the passage of HB 310 probationers that are supervised under misdemeanor probation shall have the following rights:

• 1. Probationers shall be provided with a written receipt and a balance statement each time he or she makes a payment;

  2. Probationers shall be permitted, upon written request, to have a copy of correspondence, payment records, and reporting history from his or her probation file, one time, and thereafter, he or she shall be required to pay a fee as set by the board; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure; and

  3. Probationers shall be permitted, upon written request to the board, to have a copy of the supervision case notes from his or her probation file when the commissioner of community supervision authorizes the release of such information in a written order; provided, however, that the board shall promulgate rules and regulations clarifying what confidential information may be withheld from such disclosure.

     1. When a probationer claims that information is being improperly withheld from his or her file, the probationer may file a motion with the sentencing court seeking an in camera inspection of such file.

     2. The probationer shall serve such motion on the prosecuting attorney and probation officer or private probation officer as appropriate.