Title 17, Chapter 10, Section 1
(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum prescribed by law as the punishment for 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 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.
(2) Probation supervision shall terminate in all cases no later
than two years from the commencement of probation supervision
unless specially extended or reinstated by the sentencing court
upon notice and hearing and for good cause shown; provided,
however, in those cases involving the collection of fines,
restitution, or other funds, the period of supervision shall
remain in effect for so long as any such obligation is
outstanding, or until termination of the sentence, whichever first
occurs. Probation supervision shall not be required for
defendants sentenced to probation while the defendant is in the
legal custody of the Department of Corrections or the State Board
of Pardons and Paroles.
(3)(A) Any part of a sentence of probation revoked for a
violation other than a subsequent commission of any felony, a
violation of a special condition, or a misdemeanor offense
involving physical violence resulting in bodily injury to an
innocent victim which in the opinion of the trial court
constitutes a danger to the community or a serious infraction
occurring while the defendant is assigned to an alternative
probation confinement facility shall be served in a probation
detention center, probation boot camp, diversion center, weekend
lock up, or confinement in a local jail or detention facility,
or other community correctional alternatives available to the
court or provided by the Department of Corrections.
(B) A parolee or probationer charged with a misdemeanor involving physical injury or an attempt to commit physical injury or terroristic threats or with a new felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation, except by order of a judge of the superior, state, or magistrate court wherein the alleged new offense occurred after a hearing and upon determination of the superior, state, or magistrate court that the parolee or probationer does not constitute a threat to the community; provided, however, that this subparagraph does not authorize state or magistrate court judges to grant bail for a person charged with any offense listed in subsection (a) of Code Section 17-6-1. (4) In cases of imprisonment followed by probation, the sentence shall specifically provide that the period of probation shall not begin until the defendant has completed service of the confinement portion of the sentence. No revocation of any part of a probated sentence shall be effective while a defendant is in the legal custody of the Board of Pardons and Paroles.
(5)(A) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death, and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney.
(B) The Department of Corrections shall establish a form
document which shall include the elements set forth in this Code
section concerning notification of victims and shall make copies
of such form available to prosecuting attorneys in the state.
When requested by the victim, the form document shall be
provided to the victim by the prosecuting attorney. The form
shall include the address of the probation office having
jurisdiction over the case and contain a statement that the
victim must maintain a copy of his or her address with the
probation office and must notify the office of any change of
address in order to maintain eligibility for notification by the
Department of Corrections as required in this Code section.
(6)(A) Except as otherwise authorized by law, no court shall
modify, suspend, probate, or alter a previously imposed sentence
so as to reduce or eliminate a period of incarceration or
probation and impose a financial payment which:
(i) Exceeds the statutorily specified maximum fine, plus all
penalties, fees, surcharges, and restitution permitted or
authorized by law; or
(ii) Is to be made to an entity which is not authorized by law
to receive fines, penalties, fees, surcharges, or restitution.
(B) The prohibitions contained in this paragraph shall apply
regardless of whether a defendant consents to the modification,
suspension, probation, or alteration of such defendant's
sentence and the imposition of such payment.
(C) Nothing in this paragraph shall prohibit or prevent a court
from requiring, as a condition of suspension, modification, or
probation of a sentence in a criminal case involving child
abandonment, that the defendant pay all or a portion of child
support which is owed to the custodial parent of a child which
is the subject of such case.
(b) The judge, in fixing the sentence as prescribed in subsection
(a) of this Code section, may make a determination as to whether the
person being sentenced should be considered for parole prior to the
completion of any requirement otherwise imposed by law relating to
the completion of service of any specified time period before parole
eligibility. In the event that the judge so determines, he may
specify in the sentence that the person is sentenced under this
subsection and may provide that the State Board of Pardons and
Paroles, acting in its sole discretion, may consider and may parole
any person so sentenced at any time prior to the completion of any
minimum requirement otherwise imposed by law, rule, or regulation
for the service of sentences or portions thereof. The determination
allowed in this subsection shall be applicable to first offenders
(c) In any case in which a minor defendant who has not achieved a
high school diploma or the equivalent is placed under a probated or
suspended sentence, the court may require as a condition of
probation or suspension of sentence that the defendant pursue a
course of study designed to lead to achieving a high school diploma
or the equivalent; and, in any case in which such a condition of
probation may be imposed, the court shall give express consideration
to whether such a condition should be imposed.
(d) In any case involving a misdemeanor or a felony in which the defendant has been punished in whole or in part by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service as defined in paragraph (2) of Code Section 42-8-70. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage under the federal Fair Labor Standards Act of 1938, as now or hereafter amended, unless otherwise specified by the sentencing judge. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount of the fine by the federal minimum hourly wage or by the amount specified by the sentencing judge. Prior to or subsequent to sentencing, a defendant may request the court that all or any portion of a fine may be satisfied under this subsection.
(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-79.1.
(f) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34.