On the Procedure for Enforcing Non-Custodial Sentences and Probation

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On the Procedure for Enforcing Non-Custodial Sentences and Probation
Document number 4956
Document issuer Parliament of Georgia
Date of issuing 19/06/2007
Document type Law of Georgia
Source and date of publishing LHG, 24, 02/07/2007
Registration code 070.030.000.05.001.002.896
Consolidated publications
4956
19/06/2007
LHG, 24, 02/07/2007
070.030.000.05.001.002.896
On the Procedure for Enforcing Non-Custodial Sentences and Probation
Parliament of Georgia
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Consolidated versions (22/12/2016 - 04/05/2017)

LAW OF GEORGIA

ON THE PROCEDURE FOR ENFORCING NON-CUSTODIAL SENTENCES AND PROBATION

 

Chapter I-General Provisions

 

Article 1 - Scope of the Law

1. This Law regulates the system, status and legal framework of the bodies authorised to enforce non-custodial sentences and apply probation measures; it also determines the powers of persons authorised to enforce non-custodial sentences and apply probation measures, the procedure for performance of their service duties, their social and legal security guarantees, the rights and obligations of convicts, the procedure and terms for fining convicts for violation of the regime established by law, the rules for enforcing non-custodial sentences and applying probation measures. 

2. The Minister of Corrections and Probation ('the Minister of Corrections') may, for the purpose of enforcing this Law, issue orders on issues provided for in this Law.

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 2 - Legal acts subject to the enforcement of non-custodial sentences and probation

1. The following non-custodial sentence type legal acts shall be subject to enforcement in accordance with the procedure and terms laid down by this Law:

a) on the deprivation of the right to occupy a certain position or to carry out certain activities as punishment;

b) on the deprivation of a legal person of the right to to carry out certain activities as punishment;

c) on the imposition of community service as punishment;

d) on the imposition of correctional labour as punishment; 

e) on the restriction of liberty as punishment; 

f) on the imposition of house arrest as punishment.

2. The following probation type legal acts shall be subject to enforcement in accordance with the procedure and terms laid down by this Law: 

a) on the imposition of a conditional sentence;

b) on release on parole;

c) on the suspension of a sentence (for pregnant women - up to 1 year after delivery).

3. The legal acts referred to in paragraph 2 of this article may, along with the designation of the types of punishment, include the requirements relating to compulsory measures of an educational and/or medical nature. Their application may be allowed only as provided for by law.

4. The performance of unpaid community service imposed on convicts subject to diversion shall also be subject to enforcement in accordance with the procedure and terms laid down by this Law. 

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

 

Article 3 - National Agency for Enforcement of Non-custodial Sentences and Probation

1. The National Agency for Enforcement of Non-custodial Sentences and Probation ('the National Probation Agency'), by means of its territorial bodies, the bureaus for enforcement of non-custodial sentences and probation ('the Probation Bureaus') and the Halfway Houses, ensures the preparation of legal acts subject to enforcement under Article 2 of this Law and of individual assessment reports drawn up at the time of the imposition of a sentence as envisaged by the Juvenile Justice Code. 

11. With a view to enforcing the legal acts referred to in Article 2 of this Law (including for identifying convicts and their state, for registering convicts, for assessing risks and needs of convicts, for preparing individual plans for the enforcement of punishment imposed on convicts, for controlling and supervising convicts, for archiving completed enforcement cases as provided for by the legislation of Georgia, for preparing individual assessment reports on convicts and for making a decision on the annulment of conditional sentences) the National Probation Agency and its territorial bodies shall, within the scope of powers determined by the legislation of Georgia and in a prescribed manner, process the personal data determined by the Law of Georgia on Personal Data Protection (including special category data). For this purpose, they may have access to any automatically and semi-automatically processed data in the relevant state and non-state institutions, and may receive, review and use this information. 

2. The National Probation Agency shall, through the probation bureaus, ensure the organisation of video visits, as provided for by Article 171 of the Imprisonment Code, outside imprisonment facilities.

3. In the process of enforcing against juveniles the legal acts that are subject to enforcement under this Law, the territorial bodies of the National Probation Agency shall adhere to this Law and the principles and special rules provided for by the Juvenile Justice Code as prevailing norms. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 4 - National Probation Agency

1. The National Probation Agency is a legal entity under public law operating under the Ministry of Corrections and Probation of Georgia. The powers of the National Probation Agency are determined by its statute, which is approved by the Minister of Corrections. 

2. The National Probation Agency is run by the Head of the Agency, who is appointed and and may be dismissed by the Minister of Corrections.

3. The Deputy Head of the National Probation Agency is appointed and may be dismissed by the Head of the National Probation Agency in agreement with the Minister of Corrections.

4. The staff list and the statement of expenditures of the National Probation Agency shall be approved by the Head of the National Probation Agency in agreement with the Minister of Corrections.

5. The National Probation Agency is financed from the state budget of Georgia and from other revenues as provided for by the legislation of Georgia.

6. Other employees of the National Probation Agency shall be appointed and may be dismissed by the the Head of the National Probation Agency.

7. The internal regulations of Halfway Houses and their rehabilitation programmes shall be approved by the Head of the National Probation Agency. 

Law of Georgia No 434 of 31 October 2008 – LHG I, No 31, 12.11.2008, Article 204

Law of Georgia No 964 of 30 December 2008 – LHG I, No 41, 30.12.2008, Article 336

Law of Georgia No 1933 of 3 November 2009 - LGH I, No 35, 19.11.2009, Art. 238

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 5 - Probation Bureaus

1. The legal acts provided for in this Law shall be transferred for enforcement to the relevant Probation Bureau according to the place of residence of the convict (the de facto or legal address indicated by the convict). 

11. If a convict does not have a place of residence in the territory of Georgia (de facto or legal address), the body adopting (issuing) the legal act shall indicate in the enforceable legal act the relevant Probation Bureau where the convict is required to appear. In making such decisions, a body adopting (issuing) the legal act shall take into account the ability of the convict to fulfil the obligations imposed on him/her. 

2. A Probation Bureau shall be run by the Head of the Probation Bureau. 

3. A probation officer shall ensure the enforcement of the legal acts provided for in this Law, except for the legal act specified in Article 2(1)(e) of this Law.

4. In performing its activities, a Probation Bureau shall adhere to the Constitution of Georgia, this Law, the statute of the Probation Bureau and other normative acts of Georgia. 

5. A model statute of a Probation Bureau shall be approved by the Minister of Corrections upon the recommendation of the Head of the National Probation Agency. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No 2324 of 30 April 2014 -website, 13.05.2014

 

Article 6 - Main principles of activities of the National Probation Agency

1. The activities of the National Probation Agency shall be based on the principles of legality, the protection of the honour and dignity of a person, humanity, publicity, and the uniformity of the system of the National Probation Agency and its centralised management.

2. Employees of the National Probation Agency shall respect the rights and freedoms of a person and ensure equality before the law irrespective of race, colour of skin, language, gender, religion, political and other views, national, ethnic and social belonging, origin, property or birth status, place of residence and other characteristics. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

 

Article 7 - Objectives of the National Probation Agency

1. The objectives of the National Probation Agency are: to enforce the legal acts provided for in this Law, to prevent the commission of new crimes, to protect public safety, to ensure the resocialisation of convicts (integration into society) and the rehabilitation of convicts (reformation of a convict and his/her re-entry into society as a socially responsible person). 

2. The National Probation Agency shall accomplish its objectives on the basis of the assessment of the risks and needs of a convict, the individual planning of the enforcement of the sentence, the compulsory supervision and control of a convict, and facilitation and assistance in the resocialisation and rehabilitation of a convict. 

3. For the purpose of resocialising and rehabilitating a convict, the National Probation Agency may, in agreement with the Minister of Corrections, finance from its own revenues cultural, social, health care and other events. 

4. The National Probation Agency may set up entrepreneurial and/or non-entrepreneurial legal entities for the purpose of accomplishing the objectives defined under this article. 

41. The infrastructural and logistical support for video visits provided for in Article 172 and 173 of the Imprisonment Code shall be provided by entrepreneurial and/or non-entrepreneurial (non-commercial) legal entities set up by the National Probation Agency. The fee stipulated by Article 172 of the Imprisonment Code shall be transferred to the account of the relevant entrepreneurial and/or non-entrepreneurial (non-commercial) legal entity. 

42. Entrepreneurial and/or non-entrepreneurial (non-commercial) legal entities set up by the National Probation Agency may, on the basis of a decision of the Minister of Corrections, engage in other activities facilitating the functioning of the system of the Ministry of Corrections. 

5. The electronic monitoring equipment and other relevant technical means owned by the National Probation Agency may be used for purposes other than those determined by this Article. The use of technical means in this manner may envisage the receipt of a certain fee by the National Probation Agency for a service rendered, which shall be transferred to the account of the National Probation Agency and used for the accomplishment of its goals and objectives. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Article 71 - Halfway Houses

1. In order to accomplish the objectives under Article 39 of the Criminal Code of Georgia, the National Probation Agency has its territorial bodies, the Halfway Houses, which are run by the Heads of the Halfway Houses. 

11. The enforcement of the legal act specified in Article 2(1)(e) of this Law in Halfway Houses shall be ensured by officers of the Halfway Houses.

2. In performing their activities, Halfway Houses shall adhere to the Constitution of Georgia, this Law, the statutes of the Halfway Houses and other normative acts of Georgia.

3. The conditions created in Halfway Houses shall not be degrading to the honour and dignity of a convict. 

4. The conditions created in Halfway Houses shall comply with the sanitary-hygienic norms determined by the legislation of Georgia and shall not be degrading to human dignity. 

5. The Halfway Houses are: 

a) the Halfway House for adult convicts; 

b) the Halfway House for juvenile convicts; 

c) the Halfway House for female convicts. 

6. The following convicts shall serve their sentences in Halfway Houses: 

a) convicts who have been sentenced to restriction of liberty; 

b) convicts whose outstanding part of a sentence of imprisonment had been substituted with the restriction of liberty. 

7. The National Probation Agency shall fully support the functioning of Halfway Houses, including the relevant insurance, food, work, education, health care and living conditions. 

71. A convict shall, immediately, but no later than 2 working days, after the relevant court judgement enters into force or after having been informed of the relevant decision of the local council of the Ministry of Corrections, appear in the relevant Halfway House to serve the imposed/substituted sentence of restriction of liberty. Failure by a convict to comply with this obligation shall serve as a basis for submitting a recommendation as determined by Article 21(5)(a) or (b) of this Law. 

8. The rules of operation and the structure of Halfway Houses, the maximum number of convicts to be admitted, the conditions stipulated by paragraph 4 of this article, the incentives for convicts and their disciplinary responsibility, the rules for treating convicts that are on hunger strike, for isolating convicts, for conducting electronic surveillance of convicts and for transferring them to another facility, shall be determined by the model statute of Halfway Houses, which is approved by the Minister of Corrections on the recommendation of the Head of the National Probation Agency.

9. The dietary and sanitary-hygienic standards for convicts in Halfway Houses shall be determined by a Joint Decree of the Minister of Corrections and the Minister of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 72 Criminological research in the National Probation Agency

The Ministry of Corrections shall facilitate the conduct of criminological studies in the National Probation Agency in order to carry out scientific studies on resocialisation, crime prevention and rehabilitation programmes. 

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Chapter II - Legal Status and Social and Legal Security Guarantees of Employees of the National Probation Agency

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

 

Article 8 - Legal status of employees of the National Probation Agency

1. An employee of the National Probation Agency is a public servant, who, in the course of performing his/her official duties, shall act as a representative of the authorities and whose lawful demands shall be binding. 

2. Any failure to comply with a lawful demand of an employee of the National Probation Agency shall incur liability under the law. 

3. Damage caused by an unlawful action taken by an employee of the National Probation Agency in the course of his/her official duties shall be compensated as provided for by the legislation of Georgia. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

 

Article 9 - Social and legal security guarantees of an employee of the National Probation Agency

1. The Law of Georgia on Public Service shall apply to an employee of the National Probation Agency, unless otherwise provided for by the Law. 

2. An employee of the National Probation Agency shall be granted a special state rank as provided for by the legislation of Georgia. 

3. (Deleted).

4. (Deleted).

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

 

Article 91 - Probation officers

1. A probation officer shall be a citizen of Georgia who is fluent in the official language of Georgia and has higher education. 

2. A probation officer shall complete a special training course for probation officers at the Penitentiary and Probation Training Centre, a legal entity under public law under the Ministry of Corrections, upon the completion of which he/she shall take a relevant examination. 

3. The National Probation Agency shall provide a probation officer with an official seal upon his/her appointment to the position. 

4. A probation officer shall be given a standard official uniform at the expense of the State. 

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Article 92 - Halfway House officers

1. A Halfway House officer shall be a citizen of Georgia who is fluent in the official language of Georgia and has higher education.

2. A Halfway House officer shall complete a special training course for Halfway House officers at the Penitentiary and Probation Training Centre, a legal entity under public law under the Ministry of Corrections, upon the completion of which he/she shall take a relevant examination.

3. The National Probation Agency shall provide a Halfway House officer with an official seal upon his/her appointment to the position.

4. A Halfway House officer shall receive a standard official uniform at the expense of the State.

5. For the purpose of security protection in the Halfway House, the officer for limitation of liberty may have special means, a baton and handcuffs, the use of and access to which is approved by the Minister of Corrections. 

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Chapter III - Rights and Obligations of Convicts

 

Article 10 - General rights of convicts

The following rights shall be enjoyed by convicts irrespective of their race, colour of skin, language, gender, religion, political and other views, national, ethnic and social belonging, origin, birth or property status, place of residence: 

a) the right to life and health; 

b) the right to personal safety and integrity; 

c) the right to personal dignity; 

d) the right to protection from torture, and other cruel, inhumane or degrading treatment; 

e) the right to health protection; 

f) the right to social security; 

g) the right to privacy; 

h) freedom of belief, religion, opinion and conscience; 

i) the right to protection from all kinds of discrimination; 

j) the right to self-development; 

k) the right to file complaints; 

l) the right to a defence;

m) the right to use social adaptation courses; 

n) the right to be informed in writing about his/her rights and duties in the official language (if a convict does not speak the official language, this information shall be provided to him/her in his/her native or any other language that is understandable to him/her). If a convict is illiterate, he/she shall be informed of his/her rights and duties in a verbal form, in his/her native or any other language understandable to him/her, by means of an interpreter; 

o) other rights provided for by the legislation of Georgia.

 

Article 11 - General obligations of convicts

1. A convict, depending on his/her legal status, shall obey the rules and terms of serving a sentence stipulated by the legislation of Georgia, shall fulfil the obligations imposed on him/her and the requests of probation officers and other authorised employees of the National Probation Agency, and shall not leave the territory of Georgia without the permission of the Head of the relevant Probation Bureau. Convicts under paragraph 2(1)(a) of this article, and military service members sentenced to a conditional sentence, with respect to whom control and assistance is provided by the management of the relevant military base in accordance with Article 66(2) of the Criminal Code of Georgia, shall not be required to obtain such permission. 

2. The failure to fulfil obligations may result in the application of coercive measures against a convict as provided for by the legislation of Georgia. 

3. The specific obligations of a convict shall be determined by the relevant articles of this Law, depending on the type of the sentence. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Chapter IV - Procedure for Fining Probationers and Parolees for Violation of the Regime Established for their Appearance in a Probation Bureau

 

Article 12 - Violation of the established regime by a convict

1. The regime established by law for probationers and parolees shall include the obligation to appear, once a week, at a specified time and place determined by a probation officer; it may also include the fulfilment of other obligations provided for by the legislation of Georgia. 

11. A probation officer may, based on the risk and needs assessment, impose an obligation on a probationer or parolee to undergo a relevant compulsory rehabilitation course determined by the Minister of Corrections. 

12. A probation officer may, periodically or where there is reasonable suspicion, request that probationers and parolees sentenced for drug crimes undergo a relevant drug test within 5 working days, and provide an appropriate report. If the drug test shows that a convict has been using narcotic substances, except where the convict has used the substance for medical purposes, the relevant Probation Bureau shall inform the Ministry of Internal Affairs of Georgia of this fact.

13 . If a convict appears at a time and place specified by the probation officer under alcoholic intoxication, or does not obey the lawful demands of the probation officer, or behaves improperly, the probation officer may, in agreement with the Head of the Probation Bureau, transfer the convict to a special regime, which imposes on the convict an obligation to appear at a time and place specified by the probation officer not more than three times a week for a period of not more than 3 months. 

14. The non-compliance of a convict with the requirements of paragraphs 1 1 and 1 2 of this article or the intentional evasion of their fulfilment, shall serve as grounds for addressing a court with a relevant recommendation as provided for by Article 21(1)(e),(f) or (g) of this Law. 

2. If the time of appearance of a convict coincides with a non-business day as stipulated by the Labour Code of Georgia, the convict shall be released from the obligation to appear on that day. 

3. If the term of a conditional sentence ends on a public holiday or a non-working day, the convict shall be released on the previous working day and shall be given a certificate of release. 

4. On the basis of a written agreement with the Head of the National Probation Agency, the regime established for a convict may be mitigated, which imposes an obligation to appear at the Probation Bureau once in every two weeks, and in accordance with the procedure laid down in this Law, an obligation to appear once a month. 

41. If a convict is a person with disabilities (a person with long-term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others), or an elderly person (a woman from 65 years old, a man from 70 years old), may, on the basis of a written agreement with the Head of the National Probation Agency, have the established regime mitigated to an obligation to appear once in every 3 months at a Probation Bureau, and if a convict with disabilities is unable to move independently, the probation officer shall exercise supervision over the convict by visiting the convict at his/her place of residence at least once in every 3 months. 

5. In the case of violation of the established regime by a convict, an authorised person of the Probation Bureau shall draw up an administrative offence report, which shall be given to the convict in person or sent to him/her by mail (when sending via mail, a relevant record must be made).

51. If a convict, who is registered in the Unified Database of Socially Vulnerable Households and whose socio-economic indicator does not exceed the maximum score determined by the Government of Georgia for receiving a subsistence allowance, violates the regime established by law, an authorised person of the Probation Bureau shall draw up a warning report, which shall be given to the convict in person or sent to him/her by mail (when sending via mail, a relevant record shall be made). 

6. A convict may, within 5 working days after receiving an administrative office report/warning report, appeal it to the Head of the Probation Bureau, who shall review the issue and make a decision within 15 working days.

7. A convict shall pay the fine imposed on him/her within 30 days after receiving the administrative offence report. 

8. The violation by a convict of the regime specified in paragraphs 13, 4 and 41 of this article 

shall incur a fine in the amount of GEL 100, and the violation of the regime by a convict determined by paragraph 51 of this article shall incur a warning. 

81 . A violation specified under paragraph 8 of this article committed repeatedly within the period of one year from the first violation shall incur a fine in the amount of GEL 200, and the violation of the regime by a convict determined by paragraph 51 of this article shall incur a repeat warning.

82 . The violation of the established regime by a convict for a third time and more within the period of one year from the last violation, shall incur a fine in the amount of GEL 300, whereas the violation of the regime by a convict determined by paragraph 51 of this article shall incur another warning.

9. The violation of the established regime three or more times by a convict may also serve as grounds for an authorised person of the Probation Bureau to apply to a court with a recommendation. Along with the obligation to pay a fine, or a warning, or due to the failure to fulfil imposed obligations, the regime established for a convict may be substituted and tightened. 

10. If a convict is no longer registered in the Unified Database of Socially Vulnerable Households and his/her socio-economic indicator exceeds the maximum score determined by the Government of Georgia for receiving a subsistence allowance, upon another violation of the established regime, the convict shall be fined in accordance with the priority order of the violation in the amount of the fines indicated in paragraphs 8, 81 and 82 of this article. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No 2184 of 4 April 2014 – website, 14.4.2014

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 121 - Conditions for treating the violations of the regime established by this Law as excusable

1. A violation of the regime established by this Law by a convict may be considered as excusable in one of the following circumstances:

a) such condition of the convict's health that makes the fulfilment of the established regime impossible, which is confirmed by a relevant medical certificate; 

b) the death of a close relative (parent, adopting parent, child, foster child, grandfather, grandmother, grandchildren, sister, brother, spouse (including a divorced spouse)) or a person permanently residing with the convict; 

c) a business trip of the convict related to his/her work or professional, sports, cultural or educational and scientific activities, which is confirmed by a relevant document; 

d) a violation of the established regime by the convict due to reasons beyond his/her control, force-majeure, natural disaster, accident, fire, mass riots, military operations, quarantine or emergency situation, which is confirmed by a document issued by the relevant state institution;

e) the imposition of administrative detention on the convict, as well as the participation of the convict in procedural actions determined by the criminal legislation of Georgia, and participation in the activities of law enforcement bodies as determined by the Law of Georgia on Criminal Intelligence Activities, which is confirmed by a relevant document; 

e) the presence of the convict in the military reserve service, which is confirmed by a relevant document, which shall be presented to the relevant Probation Bureau before the convict is called for military reserve service. 

2. A document confirming the relevant circumstances specified in paragraph 1 of this article shall be presented by a convict to the relevant Probation Bureau as provided for in Article 12(6). 

3. An authorised person of the Probation Bureau shall not draw up a report specified in Article 13(1) if the relevant circumstance referred to in paragraph 1 of this article is confirmed in advance, before the violation of the established regime by a convict. 

4. Except for the circumstances specified in paragraph 1 of this article, if there are other objective circumstances due to which a convict was unable to fulfil the regime established by law, the decision on considering the convict's violation of the regime established by law as excusable shall, in the case and in the manner specified in Article 12(6) of this Law, be made by the Head of the Probation Bureau on the basis of a written agreement with the Head of National Probation Agency. 

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 13 - Conduct of administrative proceedings and the procedure for paying fines imposed for violating the established regime

1. In the case of violation of the established regime by a convict, an authorised person of the relevant Probation Bureau shall draw up an administrative offence report. 

2. An administrative offence report shall simultaneously serve as a penalty notice; the form of the penalty notice and the procedure for its preparation shall be determined by an Order of the Minister of Corrections. 

3. The following information shall be indicated in an administrative offence report: the date and place of its preparation; the position, name and surname of the person preparing it; the data of the person who committed the administrative offence; the place, time and substance of the administrative offence; the relevant article of this Law that imposes liability for the given administrative offence; the explanation of the person who committed the administrative offence; the procedure and time limits for appealing the report; other references necessary for making a decision on the case. 

4. A compulsory enforcement of the payment of the fine shall take place after the expiration of the time limit determined for voluntary enforcement. The Head of the Probation Bureau shall initiate the compulsory enforcement of the payment of the fine on the basis of a penalty notice. 

5. The compulsory enforcement of the payment of the fine shall be carried out by an enforcement officer as provided for by the Law of Georgia on Enforcement Proceedings. 

6. A warning report specified in Article 12(51) of this Law shall include the following information: the date and place of its preparation; the position, name and surname of the person preparing it; the personal data of the convict; the place, time, substance and number of the violation(s) of the established regime; the legal grounds for the warning, with an indication of the relevant articles of this Law; expected results; the procedure and time limits for appealing the warning; other information available with regard to the violation(s) of the established regime. The warning shall be certified by the seal and signature of the authorised person of the Probation Bureau. 

Law of Georgia No 225 of 15 July 2008 – LHG I, No 17, 28.7.2008, Article 141

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 2997 of 27 April 2010 –LHG I, No 24, 10.05.2010, Art. 161

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Article 14 - Conditions for establishing privileges with respect to the days of travelling abroad by the convict

1. A written application of a convict regarding his/her travelling abroad shall be reviewed and decided upon by the Head of the relevant Probation Bureau in written agreement with the Head of the National Probation Agency. 

2. The decision of the Head of the Probation Bureau shall be communicated to the convict in writing, within not later than 10 working days after the receipt of the application by the Head of the Probation Bureau. 

21. The Head of the Probation Bureau shall, in an expedited manner, review the written application specified in paragraph 1 of this article within two working days on the basis of the transfer of a fee (GEL 200) for expedited services to the account of the National Probation Agency. If the convict is denied permission to travel abroad, the fee for expedited services shall not be refunded. 

3. In the case of travelling abroad, a convict shall pay the following fees for the permit to travel abroad:

a) for a trip of up to one month - GEL 600; 

b) for a trip from one to three months - GEL 1 200;

c) for a trip from three to six months - GEL 2 000;

d) for a trip from six to nine months - GEL 2 700; 

e) for a trip from nine to twelve months - GEL 3 400.

4. Where the application of a convict is approved, the Head of the Probation Bureau shall issue a permit for travelling abroad upon the presentation by the convict of the document confirming the transfer of the fee to the account of the National Probation Agency. 

41. During the presence of the convict abroad in accordance with the procedure laid down in this article, the period of the permit to travel abroad may be extended if a document confirming the payment of the relevant fee specified in paragraph 3 of this article is presented to the Probation Bureau with the indication of the personal number of the convict and the purpose of the transfer. 

5. (Deleted).

6. The period of the service provided by the National Probation Agency shall be calculated from the next working day after the registration of the application and shall end at the close of the last working day of the service period. If the last day of the service period coincides with a non-working day or a public holiday, the first working day following the day on which the service period ends shall be considered as the end of the service period. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 2997 of 27 April 2010 –LHG I, No 24, 10.05.2010, Art. 161

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Article 141- Conditions for establishing privileges with respect to the appearance of a convict at a Probation Bureau

1. (Deleted – 15.5.2012, No 6215).

2. A written application for privileges with respect to the appearance of a convict at a Probation Bureau shall be reviewed and decided upon by the Head of the Probation Bureau in written agreement with the Head of the National Probation Agency.

3. The decision of the Head of the Probation Bureau shall be communicated to the convict in writing, within not later than 5 working days after the receipt of the application by the Head of the Probation Bureau.

4. (Deleted – 15.5.2012, No 6215).

5. After paying a one-time fee specified in paragraph 7 of this article, on the basis of an application, an obligation may be imposed on a convict to appear at the Probation Bureau not more than once a month as provided for in Article 12(4) of this Law. 

6. The time limit specified in paragraph 3 of this article shall apply to the review of the application of the convict. 

7. The fee for imposing on the convict an obligation to appear at a Probation Bureau once a month shall be GEL 400, which shall be transferred to the account of the National Probation Agency. 

8. If a convict temporarily, for not longer than 3 months, changes his/her place of residence before the date of his/her appearance at a Probation Bureau as required by the regime established by law, the convict may appear and register at the relevant Probation Bureau according to his/her de facto place of residence. 

9. In the case referred to in paragraph 8 of this article, a convict shall, not later than the working day preceding the day on which he/she is supposed to appear, notify the Probation Bureau administering the case about the temporary change of place of residence with an indication of the relevant period. 

10. In the case referred to in paragraph 8 of this article, the Probation Bureau administering the case shall issue a temporary registration permit to the convict, which shall include the name and the address of the Probation Bureau where the convict is to appear for supervision purposes according to the schedule defined for the convict at the time of his/her appearance at the Probation Bureau, and the signature and seal of the authorised person of the Probation Bureau. The form of the temporary registration permit shall be approved by the Head of the National Probation Agency. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 15 - Procedure and terms of payment of a fine and of a fee for the permit to travel abroad

1. A convict shall pay a fee for travelling abroad and a fine in the manner and in cases provided for by law. 

2. A convict registered in the Unified Database of Socially Vulnerable Households and whose socio-economic indicator does not exceed the maximum score determined by the Government of Georgia for receiving a subsistence allowance shall be released from the obligation to pay the fee determined by Article 14 of this Law. 

3. A fee for the permit to travel abroad shall be transferred to the account of the National Probation Agency.

4. In the case of the crossing or the attempted crossing of the border without a permit for travelling abroad, an employee of the authorised body of the Ministry of Internal Affairs of Georgia designated for the monitoring of the compliance with the state border regime at the relevant border crossing point shall detain the convict and notify immediately the National Probation Agency. 

5. The National Probation Agency shall immediately send an authorised employee of the nearest Probation Bureau and provide him/her with relevant information. The authorised employee of the Probation Bureau shall immediately appear at the relevant border crossing point, draw up a relevant administrative offence report and hand it to the convict; on the basis of this report the convict shall be obliged to pay the fine specified in paragraph 6 of this article. 

6. The crossing or attempted crossing of the border by a convict without a permit for travelling abroad shall result in a fine in the amount from GEL 500 to 1 000 and/or administrative detention for up to 15 days. The procedure for imposing administrative detention shall be determined by the Administrative Offences Code of Georgia.

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 2650 of 1 August 2014 – website, 18.8.2014

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Chapter V - Procedure for Enforcing Legal Acts

 

Article 16 - Registration and assignment of enforceable legal acts and control over their enforcement

1. A legal act shall be presented for enforcement to a Probation Bureau and it shall be registered in a special electronic programme for registration of convicts within 3 working days by a duly authorised person. 

2. The following information shall be indicated in the special electronic programme for the registration of convicts: 

a) the registration number of the legal act; 

b) the date of submission of the legal act to the Probation Bureau (date of admission for enforcement proceedings); 

c) the type of the legal act, the name of the adopting (issuing) body, the date of the entry into force of the act; 

d) a short summary of the operative part of the legal act; 

e) data on the convict (name, surname, date and place of birth, place of residence according to the registration, also de facto place of residence, family status, place of work or study, and in the case of a legal person, the name and legal address); 

f) the relevant article of the Criminal Code of Georgia on the basis of which the legal act has been adopted (issued); 

g) the name of the probation officer to whom the legal act has been assigned for enforcement; 

h) the data on any recommendations; 

i) the date of completion of enforcement proceedings.

3. The Head of the Probation Bureau shall transfer a legal act for enforcement to the probation officer according to the place of residence of the convict (de facto or legal address indicated by the convict) and the territorial jurisdiction of the Probation Bureau. 

4. (Deleted).

5. The Head of the Probation Bureau shall exercise control over the fulfilment of the assigned official duties by the employees of the Probation Bureau and the enforcement of the legal act.

6. The procedure for inspecting the materials contained in the personal file of the convict shall be determined in accordance with the legislation of Georgia. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 2997 of 27 April 2010 –LHG I, No 24, 10.5.2010, Art. 161

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

 

Article 161 - Self-disqualification and disqualification of probation officers/Halfway House officers

1. A probation officer/Halfway House officer may not conduct enforcement proceedings against a convict if the officer:

a) participated in the criminal proceedings against the convict with the status of victim;

b) participated in the hearing of the criminal case against the convict as a judge, prosecutor, investigator, witness, expert, interpreter, lawful representative or secretary of the court session;

c) is a relative of the convict or of his/her lawful representative, or a relative of a victim or of his/her lawful representative;

d) has a personal, direct or indirect interest in the results of the enforcement proceedings, or there are other circumstances which question his/her impartiality.

 2. The following persons shall be considered as relatives specified in paragraph 1(c) of this article:

 a) spouse;

 b) child;

 c) sister, brother;

 d) niece, nephew;

 e) parent, uncle, aunt.

 3. Upon the identification of the grounds referred to in paragraph 1 of this article, the probation officer/Halfway House officer shall apply with a request of self-disqualification to the Head of the Probation Bureau/the Head of the Halfway House, who shall review this request within 5 working days and make a decision to approve or deny the request.

4. In the process of enforcement proceedings, the convict or his/her lawful representative may, where there are grounds specified in paragraph 1 of this article, address the Head of the Probation Bureau/ the Head of the Halfway House with a request for the disqualification of the probation officer/Halfway House officer; the request shall be reviewed by the Head of the Probation Bureau/the Head of the Halfway House as provided for by paragraph 3 of this article.

5. A decision of the Head of the Probation Bureau/the Head of the Halfway House on the approval of the request of the self-disqualification/disqualification of the probation officer/Halfway House officer may not be appealed.

6. A decision of the Head of the Probation Bureau/the Head of the Halfway House denying the request for the self-disqualification/disqualification of the probation officer/Halfway House officer may be appealed according to the location of the Probation Bureau/Halfway House in the relevant district (civil) court, within 5 days after the decision has been communicated to the person entitled to appeal the decision.

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 17 - Commencement of enforcement; enforcement cases

1. Upon the admission of a legal act for enforcement, an enforcement case shall be opened and assigned a unique serial number. 

2. An enforcement case shall include: 

a) the legal act to be enforced;

b) the available data about the convict and his/her photograph; 

c) reports on the measures taken by the probation officer; 

d) (deleted);

e) a memorandum addressed to the Head of a Probation Bureau on the advisability of addressing the court with a recommendation; 

f) a copy of the recommendation of the Head of the Probation Bureau addressed to the court; 

g) obligations imposed on the convict by the legal act and the requirements determined by the probation officer in accordance with the legislation of Georgia for the monitoring of their fulfilment; 

h) other documents prepared in the process of the enforcement proceedings. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

 

Article 18 - Clarification of a legal act to be enforced and appearance of a convict

1. A legal act to be enforced shall be sent to the National Probation Agency immediately upon the coming into effect of the act. 

2. If a legal act to be enforced is vague or contains inaccuracies, the Head of the relevant Probation Bureau shall address the body adopting (issuing) the legal act with a request to clarify the inaccurate or unclear part(s) of the act. 

3. The Head of the Probation Bureau shall, within 5 working days, notify in writing the court that has adopted the act, about the commencement and completion of the enforcement of the enforceable legal act adopted by the court. 

4. If a convict does not reside at the address indicated in the legal act adopted by the court, or resides at this address but evades appearance at the Probation Bureau, the Head of the Probation Bureau shall, for the purpose of putting the convict on the wanted list, send the legal act, accompanied by the document confirming these circumstances, to the court that has adopted this act. 

5. During the search for a convict, the running of the probation period shall be suspended.

6. A convict shall appear at the Probation Bureau indicated in the legal act within not later than 15 days after the legal act to be enforced enters into force, for the commencement of the enforcement of the legal act, and to be informed about his/her rights and obligations with regard to the legal act to be enforced and for the exercise of the relevant control over him/her by the Probation Bureau. The probation officer shall inform the convict who appears at the Probation Bureau about his/her rights and obligations and the possible results of their non-fulfilment, and prepare a relevant report to this effect. 

7. If the convict has not appeared within the period stipulated by paragraph 6 of this article, the Probation Bureau shall issue him/her with a warning. The convict shall appear at the Probation Bureau within not later than one week after the receipt of the warning. Failure to appear shall serve as grounds for the Head of the Probation Bureau to address the court with a recommendation as specified in Article 21(1)(a),(b),(f),(g) and (h) of this Law. 

8. The obligation to warn a convict as provided for in paragraph 7 of this article shall not apply to convicts who do not have a place of residence (de facto or legal address) within the territory of Georgia or whose place of residence is within the occupied territories. Convicts who do not have a place of residence within the territory of Georgia or whose place of residence is within the occupied territories shall be notified in advance by the body adopting (issuing) the legal act about the measures that will be taken under this Law in the case of failure to appear at the relevant Probation Bureau. The form and procedure for warning convicts placed in a penitentiary or a Halfway House who do not have a place of residence within the territory of Georgia or whose place of residence is within the occupied territories shall be determined by an Order of the Minister of Corrections. In that case, for the purpose of putting the convict on the wanted list, the Head of the Probation Bureau shall send the legal act to the court that adopted the act. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

Law of Georgia No 3525 of 1 May 2015 – website, 18.5.2015

 

Article 19 - Protocol

1. A probation officer shall draw up a report in the process of conducting an enforcement action. The report shall include: 

a) the place and date of the preparation of the report; 

b) the name of the legal act for the enforcement of which the report is drawn up; 

c) the name and surname of the probation officer preparing the report; 

d) the data on the persons present during the preparation of the report; 

e) the content of the enforcement action. 

2. The accuracy of the report shall be determined by the signatures of the convict, the probation officer and the persons present, as well as the seal of the probation officer. The refusal of a person to sign the protocol shall be indicated in the report. 

 

Article 20 - Memorandum of a probation officer/Halfway House officer on requesting a recommendation

If a probation officer/Halfway House officer believes that there are grounds provided for by the legislation of Georgia for addressing the court with a recommendation, he/she shall write a memorandum addressed to the Head of the relevant Probation Bureau/Halfway House. The memorandum shall include:

a) the number of the enforcement case;

b) the legal act to be enforced;

c) brief information on the enforcement actions;

d) information on any non-fulfilment (if any) of the obligations imposed on the convict (legal person);

e) the personal opinion of the probation officer/Halfway House officer on the advisability of the recommendation;

f) the signature and seal of the probation officer/Halfway House officer and the date of submission of the memorandum.

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

 

Article 21 - Types of recommendations of the Head of a Probation Bureau/Halfway House

1. Where there are appropriate grounds, the Head of a Probation Bureau shall address the court with a recommendation on:

a) the substitution of community service imposed on the convict with another type of punishment; 

a1) the conditional early release of the convict from serving community service imposed as punishment; 

b) the substitution of correctional labour imposed on the convict as punishment with another type of punishment;

c) the full or partial annulment of the obligations imposed by the court on the probationer or on the imposition of new obligations on the convict;

d) (deleted - 11.11.2011, No 5266);

e) the prolongation of a probation period for not more than one year due to the non-fulfilment of the imposed obligations by the probationer or due to the imposition of an administrative sanction; 

f) the annulment of a conditional sentence and the enforcement of a sentence imposed by the judgement; 

g) the annulment of a release on parole and the enforcement of the outstanding part of the sentence; 

h) the annulment of a suspension of the sentence and sending the convict to the place designated by the judgement to serve the sentence; 

i) the substitution of a punishment imposed on a legal person in the form of the deprivation of the right to engage in certain activities with another type of punishment; 

j) the substitution of house arrest imposed on the convict with another type of punishment. 

2. A recommendation shall be submitted to the court according to the place of residence (de facto or a legal address) of the convict, and if there is no such residence, according to the location of the relevant Probation Bureau.

3. The court shall issue a ruling on granting or rejecting the recommendation not later than 10 days after its submission. 

4. The Head of the Probation Bureau shall, in the case of a relevant application of the convict and relevant grounds (including a relevant report on a drug test, in the case of convicts sentenced under Articles 260 and 273 of the Criminal Code of Georgia), file a petition for the annulment of a conditional sentence of the convict and the record of convictions with the Standing Commission of the National Probation Agency for Reviewing the Annulment of Conditional Sentences. 

5. Where there are relevant grounds, the Head of a Halfway House shall address the court with one of the following recommendations on:

a) the substitution of a restriction of liberty with imprisonment; 

b) the substitution of the outstanding part of a restriction of liberty with imprisonment, in the case of the substitution of the outstanding part of a sentence of imprisonment with the restriction of liberty; 

c) the release of the convict on parole from serving the sentence imposed/substituted as a restriction of liberty. 

51. The recommendation stipulated by paragraph 5 of this article shall be reviewed by the relevant court according to the location of the Halfway House. 

6. In the cases envisaged by paragraphs 5 and 1 of this article, the Head of the Probation Bureau/Halfway House shall address the court in written agreement with the Head of the National Probation Agency.

Law of Georgia No 895 of 26 December 2008 – LHG I, No 41, 30.12.2008, Article 319

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 211 - Revocation of probation and removal of conviction

1. Upon the lapse of at least half of the probation period or in the case of a deterioration in the health of a person conditionally sentenced on the basis of a legal act specified in Article 2(2)(a) of this Law (including a conditionally sentenced military serviceperson whose behaviour is monitored under Article 66(2) of the Criminal Code of Georgia), and before the expiry of half of the probation period as determined by the terms and conditions of the civil agreement stipulated by Article 671 of the Criminal Code of Georgia, and on the basis of a relevant recommendation from the body providing assistance and control to the convict, the Standing Commission shall decide on the revocation of probation and removal of conviction. 

11. The Standing Commission shall, except in cases stipulated by paragraph 1 of this article, on the basis of relevant drug test results and the application of a person, review and decide on the early restoration of the rights deprived from a person under the Law of Georgia on Combating Drug-related Crime or on the reduction of the period of deprivation of those rights, for which it is required that one-third of the relevant period be expired.

2. In making a decision, the Standing Commission shall take into consideration the behaviour of the convict during the probation period, the crimes committed in the past, the personality of the convict, his/her family status, the nature of the crime committed, the fulfilment of the terms and conditions of the civil agreement in the case specified in Article 671 of the Criminal Code of Georgia, and whether the objectives stipulated by Article 7(1) of this Law have been achieved and, other circumstances which may affect the decision of the Standing Commission. 

3. The Standing Commission shall consist of five members, in particular:

a) one employee of the Central Office of the Ministry of Corrections;

b) two employees of the system of the National Probation Agency; 

c) by way of rotation, one representative from the High Council of Justice of Georgia and one representative from non-governmental organisations. 

4. The candidacy of one representative in the Standing Commission from non-governmental organisations shall be presented for approval to the Minister of Corrections by the Coordination Council of the Ministry of Corrections. 

5. The representative from non-governmental organisations, one employee of the Central Office of the Ministry of Corrections and two employees of the system of the National Probation Agency shall be approved as members of the Standing Commission by the Minister of Corrections. The representative of the High Council of Justice of Georgia shall be appointed to the Standing Commission by the Secretary of the High Council of Georgia.

6. The representatives of non-governmental organisations and of the High Council of Justice of Georgia sitting on the Standing Commission shall be subject to rotation every year. 

7. The Standing Commission shall elect the chairperson from among its members by open ballot, by a majority of votes of the members present.

8. The powers and rules of operation of the Standing Commission shall be defined by the statute of the Commission, which is approved by the Minister of Corrections. 

9. The criteria for assessing the state of health of a probationer shall be determined by a joint decree of the Minister of Corrections and the Minister of Labour, Health and Social Affairs of Georgia.

10. The Standing Commission shall review cases with and/or without oral hearing, in accordance with the rules of administrative proceedings. The Standing Commission shall decide without oral hearing on the revocation of probation and on the refusal to remove a conviction, as well as on the refusal to restore, ahead of time, the rights deprived from a person under the Law of Georgia on Combating Drug-related Crime, and on shortening the period of the deprivation of those rights. 

11. If the Standing Commission decides to revoke a probation or refuses to remove a conviction, or refuses to restore, ahead of time, the rights of a person deprived under the Law of Georgia on Combating Drug-related Crime, or to shorten the period of such deprivation of rights, a repeat review of a motion regarding these issues shall be permissible after one year after the decision was made. 

12. A decision of the Standing Commission may be appealed administratively to a court only once. 

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 6011 of 10 April 2012 – website, 20.4.2012

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Article 22 - Recommendations

1. A recommendation of the Head of a Probation Bureau/a Halfway House to the court shall include: 

a) the name of the legal act in the enforcement process of which arose a necessity to address the court with a recommendation;

b) the data on the convict and the obligations imposed on him/her by the court;

c) information on the behaviour of the convict and the grounds for addressing the court with the recommendation;

d) information on the activities of the legal person and the grounds for addressing the court with the recommendation;

e) the content of the recommendation.

2. The Head of the Probation Bureau/Halfway House shall sign the recommendation and certify it with the seal of the Probation Bureau/Halfway House.

3. Evidence confirming the facts presented in the recommendation shall be attached to the recommendation.

4. The recommendation shall be supported by a copy of the personal files of the convict (legal person) certified by the Probation Bureau/Halfway House.

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

 

Article 23 - Termination of enforcement proceedings

1. In the case of the deprivation of the right to occupy a certain position or engage in certain activities, the enforcement proceedings with regard to the legal act to be enforced shall be terminated upon the expiry of the period determined by the court, during which the person was deprived of the right to engage in certain activities or hold a certain position, and upon the release from serving a sentence. 

2. In the case of community service sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the case of: 

a) the service of the full sentence; 

b) the substitution of the community service sentence with another type of punishment, and in the case of release from serving this sentence. 

3. In the case of a correctional labour sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) upon the service of the full sentence;

b) upon the substitution of the correctional labour sentence with another type of punishment, and in the case of release from serving of this sentence.

4. In the case of a conditional sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) upon the expiry of the probation period determined by the court; 

b) upon revocation of the probation and the removal of conviction; 

c) upon the adoption of a legal act revoking the probation and providing for the enforcement of the sentence imposed by the judgement. 

5. In the case of the release of a convict on parole, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) upon the expiry of the outstanding part of the sentence; 

b) upon the adoption of a legal act revoking the release on parole and providing for the enforcement of the outstanding part of the sentence.

6. In the case of suspending the serving of a sentence, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) upon the expiry of the term for which the court suspended the enforcement of the punishment; 

b) upon the adoption of a legal act revoking the suspension of the sentence and sending the convict to the place designated by the judgement to serve the sentence; 

c) upon the adoption of a legal act revoking the suspension of the sentence and releasing the convict from serving the outstanding part of the sentence.

7. In the case of depriving a legal person of the right to engage in certain activities, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) the liquidation of the legal person against whom the court issued a judgement of conviction depriving the legal person of the right to engage in certain activities; 

b) upon the expiry of the term of the sentence imposed by the court;

c) the substitution by the court of the sentence imposed on the legal person in the form of the deprivation of the right to engage in certain activities with another type of punishment on the basis of a recommendation of the Head of a Probation Bureau. 

71. In the case of the enforcement of an imposed/substituted sentence of restriction of liberty, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) upon the service of the full sentence;

b) upon the substitution of the restriction of liberty with another type of punishment, and upon the release of the convict on parole from serving this sentence;

c) upon the release of the convict from serving the sentence.

72. In the case of a sentence of house arrest, the enforcement proceedings with regard to the legal act to be enforced shall be terminated in the following cases:

a) upon serving the full sentence;

b) upon the substitution of the house arrest with another type of punishment, and upon the release from serving this sentence;

8. In the case envisaged by paragraph 6(a) of this article, a probation officer shall notify the court of the expiry of the period for which the enforcement of the sentence had been suspended. 

81. If a court imposes a sentence of imprisonment on a convict who has been sentenced to a non-custodial punishment, or on a probationer during the probation period, the Head of the relevant territorial body of the National Probation Agency shall suspend the enforcement proceedings by a decision. 

82. The court shall immediately notify the relevant territorial body of the National Probation Agency about the imposition, substitution or annulment of detention as a measure of restraint. Enforcement proceedings shall continue in the case of the substitution or annulment of the detention imposed as a measure of restraint. 

9. Enforcement proceedings shall be terminated in the case of the entry into force of a court decision on the expulsion of the convict on the basis of the Law of Georgia on the Legal Status of Aliens and Stateless Persons, or in the case of the revocation of the enforceable legal act that has entered into force or in the case of the death of the convict. (Paragraph 9 shall not apply to legal relations arising before the coming into effect of this Law (No 5016, 27.4.2016))

10. Upon the termination of the enforcement proceedings the enforcement case shall be retained as provided for by the legislation of Georgia. 

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 24 - Official supervision of the enforcement of legal acts and information on the status of the enforcement of legal acts

1. The National Probation Agency shall exercise official supervision as required by law over the enforcement of legal acts specified in this Law. 

2. The Head of a Probation Bureau shall periodically or upon request present to the National Probation Agency statistical information, reports and other necessary documentation on the status of the enforcement of legal acts provided for in this Law. 

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

 

Chapter VI - Enforcement of the Sentence of Deprivation of the Right to Engage in Certain Activities or to Occupy a Certain Position

 

Article 25 - Procedure for enforcing a sentence of the deprivation of the right to engage in certain activities or to occupy a certain position

1. A copy of the court judgement on the deprivation of the right to engage in certain activities or to occupy a certain position shall be transferred for enforcement to the relevant Probation Bureau according to the place of residence or place of employment of the convict. 

2. A probation officer shall register the convict, and inform him/her about the rules and conditions for serving the sentence, and periodically monitor the fulfilment of the obligations imposed on the convict. 

3. If a probation officer determines that a convict occupies a position or engages in such activities that are prohibited to him/her by the judgement, the probation officer shall send a request to the employer to dismiss the convict from the position or to prohibit him/her from engaging in the activity indicated in the judgement. 

4. A request sent to the employer shall contain a warning concerning the possible criminal liability in the case of interfering with the enforcement of or non-implementation of a court judgement.

5. If the employer fails to dismiss the convict from the occupied position or to change the area of his/her activity within 5 working days after the receipt of the request of the probation officer, the relevant documents shall be sent to the relevant body of the Prosecutor's Office. 

 

Article 26 - Obligations of the administration of the employer where the convict is employed

1. A judgement on the revocation of the right to engage in certain activities or to occupy a certain position shall be binding on the administration of the employer where the convict is employed. 

2. The administration of the employer where the convict is employed shall: 

a) notify the relevant Probation Bureau on the measures taken within not later than 7 working days after the receipt of the copy of the judgement and of the notification from the Probation Bureau on the dismissal of the convict or on the banning of the convict from engaging in certain activities;

b) upon request, present to the Probation Bureau the documents related to the enforcement of the sentence; 

c) notify the Probation Bureau, within 5 days, about the modification or termination of the employment agreement entered into with the convict. 

 

Article 27 - Obligation of the bodies authorised to annul a decision on granting the right to engage in certain activities

1. The requirements of a judgement banning a convict from engaging in certain activities shall be binding on the body that is authorised to annul a decision on granting the right to engage in certain activities. 

2. The body specified in paragraph 1 of this article shall, within not later than 5 working days after the receipt of the copy of the judgement and the request of the relevant Probation Bureau, annul the decision granting the convict a right to engage in certain activities, and confiscate relevant documents from him/her and notify the Probation Bureau. 

 

Chapter VII - Procedure for Enforcing Legal Acts Banning Legal Persons from Engaging in Certain Activities

 

Article 28 - Enforcement of a legal act on the revocation of the right of a legal person to engage in certain activities

1. In enforcing a legal act on the revocation of the right of a legal entity to engage in certain activities, the probation officer shall take measures to ensure that a relevant record is made in the registration data of the legal person about the type of the prohibited activity and the period of the prohibition.
 

2. If the revocation of the right to engage in certain activities is related to the prohibition of the licence/permit activities of the legal person, the probation officer shall, within 3 days after the receipt of the legal act for enforcement, notify the relevant licence/permit issuing body about the revocation of the rights on the activity of the legal entity. 

3. A probation officer shall periodically monitor the compliance of the legal person with the legal act banning it from engaging in certain activities. 

4. If a legal person does not comply with the relevant legal act and continues the prohibited activity, the Head of the relevant Probation Bureau shall, in accordance with the procedure laid down in this Law, address the court with a recommendation to substitute the sentence of revocation of the right of the legal person to engage in certain activities with another type of punishment. 

5. Legal persons shall be subject to the relevant provisions of this Law relating to enforcement, except for the cases where, due to the content of the provision, it is impossible to apply them to the legal person.

 

Chapter VIII - Enforcement of Community Service Sentences

 

Article 29 - Procedure for enforcing community service sentences

1. Upon receipt of a copy of the judgement imposing a community service sentence (including the cases when the parties have entered into a plea agreement in accordance with the Criminal Code of Georgia) or a copy of a decision of the local council of the Ministry of Corrections for enforcement, the relevant Probation Bureau shall determine the type and hours of community service per day. 

2. An agreement shall be entered into between the Probation Bureau and the employer, which shall specify the type of the community service to be performed by the convict, its total duration, hours per day, workplace, name and address of the employer, as well as other circumstances relevant for making a decision on the matter. A copy of the agreement shall be given to the convict. 

3. For the purpose of the proper enforcement and monitoring of the community service, as well as for conducting electronic monitoring, the National Probation Agency may enter into a relevant agreement/contract with a local self-government body or any other employer, which may envisage the obligation of the employer to pay a service fee. The service fee received in accordance with this paragraph shall be used for the implementation of the above-mentioned and other objectives of the National Probation Agency.

4. A convict, taking into account his/her social status and working conditions, shall be provided with food, or the National Probation Agency shall reimburse food expenses to him/her; the conditions and procedure for reimbursement shall be determined by a normative act of the Minister of Corrections. 

5. A convict shall be provided with a relevant insurance by the National Probation Agency during the performance of the community service, taking into account the work to be performed, as provided for by the terms and procedure determined by the Minister of Corrections. 

Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

Law of Georgia No 6504 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Article 30 - Terms for serving a community service sentence

1. Community service may be performed at any time of the day. 

2. A convict may, if he/she so desires and in the case of relevant conditions, perform the community service during the weekends. 

Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011

 

Article 31 - Calculation of the term of community service

1. The term of community service shall be calculated in hours during which the convict performs the compulsory labour, except for the cases where the parties have entered into a plea agreement. 

2. If the duration of the work offered to a convict by a Probation Bureau is less than the period of time determined by the court or the local council of the Ministry of Corrections, the Probation Bureau shall determine a new workplace for the convict before the expiry of the duration of the offered work. 

Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011

Law of Georgia No 6504 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

 

Article 32 - Obligations of the administration of the employer where the convict is serving a community service sentence

1. The employer shall monitor the duration and volume of the community service performed by the convict and keep relevant records. The probation officer shall periodically monitor the accuracy of the records made by the employer, the work fulfilled by the convict and enter the data on the fulfilled work into a report. 

2. Any liability arising from damage caused in the process of performing community service and the relevant compensation shall be determined by the legislation of Georgia. 

 

Article 33 - Liability of a person sentenced to community service

1. A probation officer shall warn the convict about the liability determined by the legislation of Georgia for violating the procedures and terms of community service. 

2. If a convict refuses or persistently evades community service, the Head of the relevant Probation Bureau shall address the court with a recommendation to substitute the community service by another type of punishment as provided for by this Law. 

3. The excusable circumstances specified in Article 121 (1) of this Law shall apply to a convict in the case of his/her failure to appear for the community service. 

4. Where there are valid reasons, the employer may, in agreement with the probation officer, allow the convict not to perform the work on a particular day. In that case, the convict shall perform the non-fulfilled work another time. 

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Article 33 1- (Deleted)

Law of Georgia No 895 of 26 December 2008 – LHG I, No 41, 30.12.2008, Art. 319

Law of Georgia No 2698 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 69

Law of Georgia No 4430 of 11 March 2011 – website, 22.3.2011

Law of Georgia No 6504 of 19 June 2012 - website, 2.7.2012

 

Chapter VIII1 - Performance of Unpaid Community Service Undertaken by Persons Subject to Diversion

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Article 332 - Procedure for enforcing unpaid community service

1. If a person subject to diversion undertakes to perform unpaid community service as a condition of diversion, the prosecutor shall send to the relevant Probation Bureau information on the conditions of diversion undertaken by this person, after which the Probation Bureau shall determine the type of the work and daily working hours. 

2. The provisions of this Law, considering their content, shall apply to the performance of unpaid community service by a person subject to diversion. 

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Article 333 - Supervising the performance of unpaid community service

1. The proper performance of unpaid community service by a person subject to diversion shall be monitored by the relevant Probation Bureau. 

2. The Probation Bureau shall periodically present to the prosecutor information on the performance of unpaid community service undertaken by a person subject to diversion. 

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Chapter IX - Enforcement of Correctional Labour Sentences

 

Article 34 - Procedure for enforcing correctional labour sentences

1. A correctional labour sentence shall be enforced at the main place of work of the convict. 

2. Upon receiving for enforcement a copy of a court judgement on the assignment of correctional labour or in the case of the transfer of a convict to another workplace, the relevant Probation Bureau shall send a request to the employer to make deductions, for the benefit of the state budget, from the salary of the convict in the amount corresponding to the percentage determined by the court. 

3. A request sent to the employer shall indicate the possible criminal liability in the case of interfering with the fulfilment or non-fulfilment of the court judgement. 

 

Article 35 - Conditions for serving correctional labour sentences

1. During the period of serving a correctional labour sentence, it shall be prohibited for a convict to request release from work without the written permission of the relevant Probation Bureau. The permission may be issued only after providing reasons for release. A refusal to grant permission shall be reasoned. A decision on refusal may be appealed as provided for by law. 

2. If due to the unavailability of a workplace or other valid reasons it is impossible to enforce the correctional labour sentence, the National Probation Agency may enforce the sentence by means of entrepreneurial and/or non-entrepreneurial legal entities founded by the National Probation Agency. 

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Article 36 - Calculation of the term of correctional labour

1. The term of correctional labour shall be the period of time during which the convict was working and deductions were being made from his/her salary. 

2. The correctional labour shall commence from the day when the administration of the employer where the convict is employed receives a copy of the court judgement and other relevant documents from the relevant Probation Bureau. 

 

Article 37 - Obligations of the administration of the employer where a convict is employed

1. The administration of the employer where a convict sentenced to correctional labour is employed shall be required to make timely and accurate deductions from the salary of the convict and to transfer the deducted amount in a prescribed manner, and to monitor the behaviour of the convict, and inform the relevant Probation Bureau about the methods of motivation and punishment applied to the convict, as well as about the transfer of the convict to another position or about his/her dismissal from work. 

2. If a convict, while serving his/her sentence, is dismissed from work at the initiative of the employer, the administration shall immediately inform the Probation Bureau about the dismissal. 

3. The Probation Bureau shall request the relevant employment service to provide the convict with a job. 

4. The employment service shall inform the Probation Bureau about the provision of a job for the convict. 

5. The convict shall immediately be informed about the job offer. 

 

Article 38 - Procedure for making deductions from the salary of a convict sentenced to correctional labour

1. A probation officer shall monitor the accuracy of the amounts deducted by the employer from the salary of a convict for the benefit of the state budget. Where there are relevant grounds, a probation officer may invite relevant bodies to exercise monitoring. 

2. If the financial situation of the convict deteriorates, the relevant Probation Bureau, the convict and the administration of the employer where the convict is employed, may request a court to decrease the amount to be deducted from the salary of the convict. 

 

Article 39 - Liability of a convict sentenced to correctional labour

If a convict persistently evades correctional labour or violates the procedure and conditions for serving this sentence, the Head of the relevant Probation Bureau shall address a court with a recommendation to substitute the correctional labour with another type of punishment. 

 

Chapter X - Procedure for Enforcing Legal Acts on the Application of Probation Measures (Imposition of Conditional Sentences, Release on Parole and Suspension of Sentences) with respect to Convicts

 

Article 40 - Powers of probation officers and social workers in the process of the enforcement of legal acts related to probation

1. In the process of the enforcement of legal acts specified in Article 2(2) of this Law, a probation officer shall:

a) monitor the fulfilment of the obligations imposed on a convict by a court; 

b) control the behaviour of the convict and provide assistance to him/her; 

c) conduct measures of an educational nature with a convict; 

d) assist a convict with employment, as far as possible; 

e) conduct other measures facilitating the re-socialisation of a convict, for which, where necessary, the probation officer may establish business relations with local self-government bodies and with other state and non-state bodies; 

f) enforce a relevant legal act based on the assessment of the risk of the convict and the individual plan of the enforcement of the sentence; the principles, procedure and form of preparation of the individual plan shall be defined by the Minister of Corrections. In performing this function, a probation officer shall cooperate with a social worker. 

g) register information on the observance of the statutory regime by convicts, as well as other information on convicts, in a special electronic programme in accordance with the Instructions on the Enforcement Proceedings relating to Non-custodial Sentences and Probation Acts approved by the Minister of Corrections. 

11. Any disclosure and use for non-official purposes of information (except for the cases specified in Article 50(4) of the Criminal Procedure Code of Georgia) obtained in the course of official duties in the National Probation Agency System shall be punishable in accordance with the procedure laid down in the legislation of Georgia. 

2. A probation officer, in monitoring the behaviour of a convict during the fulfilment by him/her of obligations imposed by a court, may:

a) summon the convict for registration with the frequency and in the cases determined by this Law; 

b) obtain an explanation from the convict; 

c) receive information on the behaviour of the convict from his/her relatives, acquaintances, place of work and educational institution; 

d) request information on the convict from relevant state and medical institutions.

3. The measures referred to in paragraph 1(c) and (e) of this article may also be conducted by a social institution, organisation, social worker or an individual with relevant education on the basis of an agreement entered into with the National Probation Agency and in accordance with the criteria determined by the National Probation Agency. 

4. A social worker may, on the basis of a relevant request of the prosecutor and in accordance with the legislation of Georgia, participate in the process of the implementation of the agreements envisaged by Article 105(5) of the Criminal Procedure Code of Georgia. 

5. The fulfilment of the obligations undertaken by a probationer under a civil agreement envisaged by Article 671 of the Criminal Code of Georgia shall be monitored by a probation officer. The Head of the relevant Probation Bureau shall periodically present to the prosecutor information on the fulfilment of the conditions of the civil agreement by the convict. 

Law of Georgia No 4047 of 15 December 2010 - LGH I, No 75, 27.12.2010, Art. 481

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

Law of Georgia No 1730 of 11 December 2013 – website, 25.12.2013

Law of Georgia No 1781 of 13 December 2013 - website, 28.12.2013

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 401 - Ensuring the fulfilment of obligations imposed on persons who commit domestic crime; organisation of the completion of compulsory training courses focused on changing violent attitude and behaviour

The duty to ensure the fulfilment of obligations imposed on persons who have committed domestic crime and the organisation of the completion of compulsory training courses focused on changing violent attitude and behaviour, may, in addition to the National Probation Agency, also be carried out by a social institution possessing relevant experience (competence), a non-entrepreneurial (non-commercial) legal entity or by an individual with relevant education on the basis of an agreement (memorandum) entered into with the National Probation Agency.

Law of Georgia No 2707 of 17 October 2014 - website, 31.10.2014

 

Article 41 - Change of place of residence by a convict

1. If a court orders a convict not to change a place of residence without the consent of the body in charge of the enforcement of the sentence, the application of the convict on the change of the place of residence shall be reviewed and decided by the Head of the relevant Probation Bureau. 

2. A decision of the Head of the Probation Bureau on granting a permission to change the place of residence shall be communicated to the convict in writing, within not later than 2 weeks after the receipt of the application. 

3. If a court does not impose the obligation stipulated by paragraph 1 of this article on a convict, he/she shall notify the monitoring body about a change of a place of residence two weeks in advance of the said change of residence. 

31. If the requirements specified in paragraphs 1 and 3 of this article are not met, a special regime of appearance stipulated by Article 12(13) of this Law may apply to the convict. 

4. If a convict changes the place of residence, the enforcement case shall be referred to the Probation Bureau according to the new place of residence of the convict. 

Law of Georgia No 6215 of 15 May 2012 - website, 29.5.2012

 

Article 42 - Giving a warning to convicts whose sentence has been suspended

1. If a convict whose sentence has been suspended as provided for by Article 2(2)(c) of this Law renounces his/her child or avoids responsibility for the child's upbringing, the probation officer shall warn the convict in writing that such an act(s) serve(s) as grounds for addressing the court with a recommendation specified in Article 21(1)(h) of this Law and shall prepare a relevant report to that effect. 

2. If this situation does not improve within one week, the Head of the relevant Probation Bureau shall address the court with a recommendation to revoke the suspension of the sentence and to send the convict to the place designated by the judgement to serve his/her sentence. 

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

 

Article 43 - (Deleted)

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

 

Article 44 - Non-fulfilment of imposed obligations by a convict

1. The following shall be considered as non-fulfilment of imposed obligations by a convict: 

a) non-compliance with a lawful demand of a probation officer; 

b) non-fulfilment of obligations imposed by a court or refusal to fulfil such obligations. 

2. The grounds for addressing the court with a recommendation shall be: 

a) the failure of the convict to appear at least three times at a time and place determined by the probation officer; 

b) the refusal of the convict to fulfil obligations or the evasion of the fulfilment of obligations; 

b1) the commission of an act specified in Article 15(6) of this Law, provided that administrative detention was in effect against the convict; 

c) other cases stipulated by law. 

3. (Deleted).

Law of Georgia No 1933 of 3 November 2009 - LGH I, No35, 19.11.2009, Art. 238

 

Chapter X1 - Enforcement of Restriction of Liberty Sentences

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

 

Article 441 - Procedure for enforcing restriction of liberty sentences

1. The enforcement of restriction of liberty shall be carried out within the territory of the relevant Halfway House in accordance with a convict's individual plan (progressive plan), the conditions of which are determined by the Head of the Halfway House. 

2. Upon receipt for enforcement of a legal act ordering the restriction of liberty as a measure of punishment, an obligation shall be imposed on the convict, where necessary, to participate in the rehabilitation programmes offered by the Halfway House. Moreover, and with his/her consent, and considering his/her physical and intellectual capabilities, and after completing a relevant preparation course, the convict may be assigned to work at an entrepreneurial or non-entrepreneurial legal entity of the National Probation Agency. 

3. The work of a person with restricted liberty shall be compensated. 

4. Without prejudice to this Chapter, the procedure laid down in Chapter V of this Law shall apply to the enforcement of legal acts on the imposition of restriction of liberty as punishment.

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

 

Article 442 - Conditions for serving restriction of liberty sentences

1. Conditions for serving a restriction of liberty sentence impose the permanent residing of a convict in a Halfway House while serving the punishment, except for non-working days and holidays stipulated by the legislation of Georgia, unless otherwise required by the model statute of the Halfway House. 

2. While serving the sentence of restriction of liberty, convicts are prohibited from leaving the premises of the Halfway House without the written permission of the Head of the Halfway House. The permission may be given only after providing reasons for leaving the premises. 

3. While in the Halfway House, convicts may use internet, telephone and other means of communication, and shall have the right to a short visit. 

4. The right to a short visit stipulated by paragraph 3 of this article may be granted to a convict to meet with close relatives (child, spouse, a person with whom he/she has a common child, parent (adoptive parent), step-parent, spouse's parent, stepchild, adopted child and his/her descendants, grandchild, sister, brother, nephew/niece and their children, grandmother, grandfather, great grandparents (from the side of both parents), uncle (mother’s and father’s brother), aunt (mother’s and father’s sister), cousin, as well as a person with whom he/she has lived and run a common household for the most recent one year before being placed in the Halfway House); and, with the consent of the Head of the Halfway House, for the purpose of motivation, a convict may also meet with persons not specified in this list. The consent/reasoned refusal of the Head of the Halfway House to grant the right to a short visit to meet persons not specified in this list shall be communicated to the convict in writing.

5. The procedure and conditions for exercising the right to a short visit as stipulated by paragraph 3 of this article shall be defined by the model statute of the Halfway House. 

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 5016 of 27 April 2016 – website, 13.5.2016

 

Article 443 - Rehabilitation and educational programmes

1. Rehabilitation work shall be conducted with a convict in a Halfway House. 

2. Rehabilitation and educational programmes shall be organised by the Halfway House. 

3. With a view to rehabilitating convicted persons, the National Probation Agency shall cooperate with state agencies and other organisations. 

4. Rehabilitation work with a convict shall be conducted by taking into account his/her personal characteristics and the nature of the committed crime.

5. With a view to rehabilitating persons who have committed a domestic crime, compulsory training courses intended to change violent attitudes and behaviour shall be conducted by the National Probation Agency. The National Probation Agency shall ensure the organisation of these training courses through cooperation with state agencies and other interested organisations experienced in the relevant field.

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

Law of Georgia No 2707 of 17 October 2014 - website, 31.10.2014

 

Article 444 - General principles of labour activities of convicts

1. The labour activities of convicts shall be carried out as determined by this Law and the labour legislation of Georgia. 

2. Convicts may work within the territory of a Halfway House, if the Halfway House is able to employ them.

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

 

Article 445 - Organisation of medical services in a Halfway House

A first aid centre shall be located in a Halfway House. 

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

 

Article 446 - Working conditions of convicts

A Halfway House and the employer shall be responsible for creating safe working conditions for convicts. 

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

 

Article 447 - Calculation of term of restriction of liberty

The term of restriction of liberty shall be calculated from the day of placing the convict in a Halfway House. 

Law of Georgia No 5626 of 27 December 2011 – website, 12.1.2012

 

Chapter X2 - Procedure for Enforcing House Arrest Sentences

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

 

Article 448 - Procedure for enforcing house arrests

1. Without prejudice to this Chapter, the procedure determined by Chapter V of this Law shall apply to the admission and enforcement of legal acts on house arrest imposed as punishment.

2. A legal act on house arrest shall be subject to the proceeding and to the commencement of enforcement immediately, unless otherwise provided by this legal act.

3. Chapter IV of this Law shall not apply to persons sentenced to house arrest, except for Article 121.

4. Without prejudice to this Chapter, the rights and responsibilities specified in Chapter III of this Law shall apply to a convict in the process of enforcing a legal act on house arrest.

5. If a convict violates the house arrest regime (the time and conditions of house arrest determined by a court, as well as other obligations of the convict) without a valid reason, the Head of the relevant Probation Bureau shall address the sentencing court with a relevant recommendation.

6. House arrest shall, generally, be enforced by using electronic monitoring equipment. A decision not to use electronic monitoring equipment shall be made by the National Probation Agency.

7. If electronic monitoring equipment is damaged due to the fault of the convict, the liability for compensating the loss shall be imposed on his/her legal representative.

8. Where it is technically impossible to use electronic monitoring equipment for house arrest monitoring, control shall be exercised by way of unannounced visits, at least six times a month, and a relevant report shall be prepared to that effect.

9. In the case of the excusable circumstances specified in Article 121 of this Law during the enforcement of house arrest, in agreement with the Head of the National Probation Agency, and upon a reasoned request of the convict or his/her legal representative, and with the written permission of the Head of the relevant Probation Bureau, the convict may be granted the right to temporarily leave the house to which he is confined.

Law of Georgia No 3713 of 12 June 2015 - website, 24.6.2015

 

Chapter XI - Transitional and Final Provisions

 

Article 45 - Transitional provisions

At the moment ofthe entry into force of this Law:

a) probationers and parolees shall be required to appear at a time and place specified by a probation officer once a year; 

b) juvenile convicts and juveniles released on parole shall be required to appear at a time and place specified by a probation officer not more than once a week; 

c) those convicts and parolees whose term of sentence expires in less than a year shall be required to appear once at a time and place specified by a probation officer during the remaining term of their sentence. 

 

Article 451 - Procedure regulating the calculation of the number of violations of an established regime by a convict

The calculation of the number of violations of the regime stipulated by Article 12 of this Law shall commence on 1 January 2010. 

Law of Georgia No 2997 of 27 April 2010 –LHG I, No 24, 10.5.2010, Art. 161

 

Article 452 - Time limit for a repeat review of a request for the revocation of a conditional sentence by the Standing Commission

The time limit specified in Article 211(11) of this Law shall be effective until 31 December 2013 inclusive, whereas after 1 January 2014 this time limit shall be 6 months.

Law of Georgia No 5266 of 11 November 2011 – website, 24.11.2011

 

Article 453 - Time limits for entry into force of the enforcement of restriction of liberty sentences

Article 71(6)(a) of this Law shall be suspended until 1 January 2018.

Law of Georgia No 1470 of 4 October 2013 – website, 16.10.2013

Law of Georgia No 2981 of 25 December 2014 – website, 30.12.2014

Law of Georgia No 186 of 22 December 2016 – website, 29.12.2016

 

Article 454 - Application of the rules stipulated by Article 5(1) and Article 18(8) of this Law to convicts whose place of residence (de facto or a legal address) is located within the occupied territories determined by the Law of Georgia on Occupied Territories

1. Until the jurisdiction of Georgia is fully restored in the occupied territories determined by the Law of Georgia on Occupied Territories, in the case determined by Article 5(1) of this Law, if the place of residence of a convict (de facto or a legal address) is located within the occupied territories determined by the Law of Georgia on Occupied Territories, the body adopting (issuing) a legal act shall indicate in the legal act to be enforced the relevant Probation Bureau where the convict is to appear.

2. Until the jurisdiction of Georgia is fully restored in the occupied territories determined by the Law of Georgia on Occupied Territories, the obligation of the Probation Bureau to warn a convict as stipulated by Article 18(8) of this Law shall not extend to convicts whose place of residence is located within the occupied territories determined by the Law of Georgia on Occupied Territories.

Law of Georgia No 2324 of 30 April 2014 -website, 13.5.2014

 

Article 455 - Time limits for organising compulsory training courses intended to change violent attitudes and behaviour

The National Probation Agency shall, before 1 September 2015, ensure the organisation of compulsory training courses intended to change violent attitudes and behaviour for persons who have committed a domestic crime and who have been sentenced to restriction of liberty and/or who are on probation.

Law of Georgia No 2707 of 17 October 2014 - website, 31.10.2014

 

Article 456 - Approval of Instructions on Enforcement Proceedings relating to Non-custodial Sentences and Probation Acts

The Minister of Corrections shall, before 1 July 2016, approve the Instructions on Enforcement Proceedings relating to Non-custodial Sentences and Probation Acts. 

Law of Georgia No 5016 of 27 April 2016 – web-site, 13.5.2016

 

Article 46 - Repealed normative act

The Law of Georgia on the Procedure for Enforcing Non-custodial Sentences and Probation of 19 June 2001 shall be deemed repealed upon entry into force of this Law. (Legislative Herald of Georgia, No21, 4.7.2001, Art. 76).

 

Article 47 - Entry into force of the Law

This Law shall enter into force on the 15th day after its promulgation.

 

 

PresidentofGeorgia                                                                                                                                                          M. Saakashvili

Tbilisi

19 June 2007

No4956-Iს

37. 15/12/2023 - Law of Georgia - 3990-XIIIმს-Xმპ - Website, 26/12/2023 36. 21/09/2023 - Law of Georgia - 3513-XIIIმს-Xმპ - Website, 12/10/2023 35. 15/07/2020 - Law of Georgia - 6957-რს - Website, 28/07/2020 34. 17/03/2020 - Law of Georgia - 5754-IIს - Website, 23/03/2020 33. 29/11/2019 - Law of Georgia - 5390-Iს - Website, 10/12/2019 - Amendment contains transitional provision 32. 22/02/2019 - Law of Georgia - 4329-IIს - Website, 07/03/2019 31. 05/07/2018 - Law of Georgia - 3130-რს - Website, 11/07/2018 - Amendment contains transitional provision 30. 30/05/2018 - Law of Georgia - 2398-IIს - Website, 08/06/2018 29. 26/07/2017 - Law of Georgia - 1223-რს - Website, 28/07/2017 28. 01/06/2017 - Law of Georgia - 954-IIს - Website, 20/06/2017 - Amendment contains transitional provision 27. 04/05/2017 - Law of Georgia - 757-IIს - Website, 24/05/2017 26. 22/12/2016 - Law of Georgia - 186-რს - Website, 29/12/2016 25. 27/04/2016 - Law of Georgia - 5016-IIს - Website, 13/05/2016 24. 12/06/2015 - Law of Georgia - 3713-IIს - Website, 24/06/2015 23. 01/05/2015 - Law of Georgia - 3525-IIს - Website, 18/05/2015 22. 25/12/2014 - Law of Georgia - 2981-რს - Website, 30/12/2014 21. 17/10/2014 - Law of Georgia - 2707-Iს - Website, 31/10/2014 20. 01/08/2014 - Law of Georgia - 2650-რს - Website, 18/08/2014 19. 30/04/2014 - Law of Georgia - 2324-IIს - Website, 13/05/2014 - Amendment contains transitional provision 18. 04/04/2014 - Law of Georgia - 2184-IIს - Website, 14/04/2014 17. 13/12/2013 - Law of Georgia - 1781-Iს - Website, 28/12/2013 16. 11/12/2013 - Law of Georgia - 1730-Iს - Website, 25/12/2013 15. 04/10/2013 - Law of Georgia - 1470-Iს - Website, 16/10/2013 - Amendment contains transitional provision 14. 19/06/2012 - Law of Georgia - 6504-Iს - Website, 02/07/2012 13. 15/05/2012 - Law of Georgia - 6215-რს - Website, 29/05/2012 12. 10/04/2012 - Law of Georgia - 6011-Iს - Website, 20/04/2012 11. 27/12/2011 - Law of Georgia - 5626-რს - Website, 12/01/2012 10. 11/11/2011 - Law of Georgia - 5266-IIს - Website, 111124018, 24/11/2011 9. 11/03/2011 - Law of Georgia - 4430-Iს - Website, 110322017, 22/03/2011 8. 15/12/2010 - Law of Georgia - 4047-რს - LHG, 75, 27/12/2010 - Amendment contains transitional provision 7. 27/04/2010 - Law of Georgia - 2997 - LHG, 24, 10/05/2010 6. 09/03/2010 - Law of Georgia - 2698 - LHG, 12, 24/03/2010 5. 03/11/2009 - Law of Georgia - 1933 - LHG, 35, 19/11/2009 - Amendment contains transitional provision 4. 30/12/2008 - Law of Georgia - 964 - LHG, 41, 30/12/2008 3. 26/12/2008 - Law of Georgia - 895 - LHG, 41, 30/12/2008 2. 31/10/2008 - Law of Georgia - 434 - LHG, 31, 12/11/2008 - Amendment contains transitional provision 1. 15/07/2008 - Law of Georgia - 225 - LHG, 17, 28/07/2008