Rule 125-2-4-.21 - Special Alternative IncarcerationWhen an individual has been sentenced under this act, placement at a designated "special alternative incarceration" unit will be approved by the Commissioner, Department of Corrections.
(a) In every case where an individual is sentenced under the terms of the special alternative incarceration code section, the Clerk of the Sentencing Court shall, within five (5) working days, mail to the Department of Corrections sentencing documents required by law.(b) The only individuals who will be approved for participation and placement in this program will be those sentenced specifically to this program as a condition of probation as set forth under the terms of this law. The sentences received must reflect a period of incarceration of 90 days from the time of initial incarceration in the "special alternative incarceration" unit.(c) The Department of Corrections will arrange with the Sheriff's Office to have a Sheriff's Deputy in the county of incarceration deliver individuals sentenced under the terms of this law to a designated facility within 15 days after receipt by the Department of the documents by the Clerk of the Court.(d) At any time during the individual's incarceration in the unit but at least five (5) days prior to his (her) expected date of release, the Department of Corrections will certify to the Trial Court as to whether the individual has satisfactorily completed this condition of probation.(e) Upon the satisfactory completion of the program by an individual the Department of Corrections will provide the sentencing court a written record of performance not less than five (5) days prior to his (her) expected date of release as notification that the individual is being released from confinement in the special alternative incarceration unit. However, should the performance of the individual be unsatisfactory, a report of such unsuccessful performance may be grounds for revocation of the probated sentence. A petition for revocation may be initiated by the probation supervisor.(f) Individuals participating in the "special alternative incarceration" program shall be subject to all rules and regulations of the Board of Corrections as would any inmate sentenced to the custody of the Department and necessary and appropriate disciplinary action may be taken.Ga. Comp. R. & Regs. R. 125-2-4-.21
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-53, 42-5-59, 42-8-35.1.
Rule entitled "Special Alternative Incarceration" adopted as R. 415-2-4-.21. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.21 of same title. F. June 28, 1985, eff. July 20, 1985, as specified by the Agency.