Law on Procedure of Execution of Non-custodial Penalties and Probation

CHAPTER I
General Provisions

Article 1. Scope of application of the law

This law regulates the system of those agencies entitled to execute non-custodial penalties and probation related measures, it defines the status and legal framework of their activities, powers and authorities of the persons who are entitled to execute non-custodial sentences and probation, rules and procedures of discharging service by them, guarantees of their social and legal protection, rights and obligations of convicts, the rules and conditions of fining applied to a convict in case of violation of the regime imposed by the law, rules and conditions for execution of non-custodial sentences and application of probation measures.

Article 2. Statutory acts regarding non-custodial sentences and probation.

1. Following statutory acts of non-custodial punishments type shall be executable under procedure and conditions set down by this law.
     a. Banning with the purpose of punishment from holding a certain position or pursuing a particular occupation.
     b. Banning with the purpose of punishment a legal entity from practicing a particular occupation.
     c. Imposition of community services with the purpose of punishment.
     d. Imposition of correctional work with the purpose of punishment.
2. Following statutory acts of probation type shall be executable under procedure and conditions set down by this law.
     a. Regarding imposition of a conditional sentence.
     b. Regarding pre-term release from the sentence.
     c. Regarding suspension of enforcement of sentence (for pregnant women or women having children below the age of 5 years)
3. The statutory acts provided for in the paragraph 2 of this article may along with designating the type of punishment also contain requirements of educational or medical nature. The latter can be only applied under a procedure prescribed by the Law.

Article 3. The National Service of the execution of non-custodial penalties and probation.

The enforcement of non-custodial penalties and probation related regulations is provided by the National Service of Execution of Non-custodial Penalties and Probation (hereinafter "The National Probation Service") and territorial bodies of the National Service- the bureaus of Execution of Non-custodial Penalties and Probation (hereinafter Probation Bureaus).

Article 4. The National Probation Service

The National Probation Service is a sub-ministerial agency under the jurisdiction of the Ministry of Justice of Georgia. Its competences are defined by a statute endorsed by the Minister of Justice.
The National Probation Service is managed by the Head of the Service appointed to, and dismissed from his/her position by the Minister of Justice of Georgia.
A Deputy Head of The National Probation Service is appointed to, and dismissed from his/her position by the Minister of Justice of Georgia upon proposal of the Head of the National Probation Service.
The Minister of Justice shall approve the list of members of the staff and the budget of the National Probation Service.
The National Probation Service is funded from the State Budget.
The list of persons authorized to appoint to respective positions other officers of the National Probation Service and the appointment procedure shall be defined by an order of the Minister of Justice.

Article 5. Probation Bureaus

The statutory acts provided for in this law shall be dispatched for enforcement to the probation bureau according to the convict's place of residence (legal address).
A probation bureau shall be managed by a person with a higher legal education - a Head of the Bureau of execution of non-custodial punishment and probation, (hereinafter a Head of the Probation Bureau).
Enforcement of the statutory acts provided for in this law shall be ensured by a person with a higher legal education - an officer of bureau of execution of non-custodial sentences and probation (hereinafter a Probation Officer).

Article 6. Main principles regulating the activities of the National Probation Service.

The activities of the National Probation Service are based on the principles of legitimacy, protection of individual honor and dignity, humanism, publicity, integrity of the system of the Service and its centralized administration.
Any officer of the National Probation Service is obliged to protect individual's rights and fundamental freedoms irrespective of his/her race, skin color, language, gender, religion, political or other creed, national, ethnic or social belonging, origin, proprietary or social status, place of residence.

Article 7. Goals of the National Probation Service.

The National Probation Service aims at the enforcement of the punishment, prevention of new crime, re-socialization of the convict (his integration into the society).

CHAPTER II
Legal status of Officers of the National Service of Probation, guarantees of their social and legal protection.

Article 8. Legal Status of Officers of the National Service of Probation

Officers of the National Probation Service while they discharge their official duties shall be deemed representatives of the official authorities and their lawful shall be bindingly followed.
Non compliance with lawful instructions a The National Probation Service officer shall ensue the responsibility under the law
Damage caused by illicit steps of a National Probation Service officer while in discharge of the official duties shall be indemnified by the State.

Article 9. Guarantees of Social and Legal Protection of Officers of the National Probation Service.

An officer of the National Probation Service is a public servant and all rights and obligations under the law "On Public Service" shall apply to him/her, with consideration of the specificities formulated by this article. The remuneration of an officer of the National Probation Service, as well as his/her working hours and spare time are defined by the Georgian legislation.
An officer of the National Probation Service is given a special official rank in accordance with the Georgian legislation.
A probation officer is given at public expense a special uniform of a standard pattern with insignia indicating his/her special official rank.
Those officers of the National Probation Service, which are specially designated by the Georgian legislation, are authorized to keep and bear agency issued firearms, as well as other special means of self-defense defined by the legislation, the list of which, as well as rules of storage, bear and use are designated by the Georgian legislation.
In accordance with the established procedure, the State disburses the expenses for means of transport and communication used by the National Probation Service.
An officer of the National Probation Service is entitled to a pension in accordance with the procedure established by the legislation of Georgia.

CHAPTER III
Rights and Obligations of the Convicts.

Article 10. Convict's General Rights.

All convicts, irrespective of their race, color of the skin, gender, religion, political or other creed, national, ethnic or social belongings, origin, property or class status, place of residence are equally covered by the following rights.
1. right to life and health
2. right to personal security and integrity
3. right to respect the personal dignity.
4. right to be protected from torture, cruel, inhuman or degrading treatment.
5. right to protection of health
6. right to social security
7. right to personal privacy
8. freedom of religion, confession, opinion and conscience
9. right to be protected from all kinds of discrimination
10. right to self-development
11. right to file a complaint
12. right to defense
13. right to benefit from the courses of social adaptation
14. right to receive a written explanation of his/her rights and obligations in the State language (if the convict does not speak the State language, this information shall be provided in his/her mother tongue or other understandable language) should the convict be illiterate his/her rights and obligations are explained to the convict verbally in his/her mother tongue or other understandable language through a translator.
15. other rights as provided for in the Georgian legislation.

Article 11. Convicts General Obligations

Depending on his/her legal status, the convict is under duty to comply with the rules and conditions of service, set down by the Georgian legislation, carry out duties imposed upon him/her and follow legitimate instructions of the National Probation Service officers, not to leave the territory of Georgia without permission of the head of the probation bureau.
In case the convict fails to discharge his/her duties some coercive measures may be applied under procedure established by the Georgian legislation.
Specific obligations of the convict are defined by the relevant articles of this law based on the type of the punishment.

CHAPTER IV
Procedures and conditions of fining parolees and probationers for violation of the established rules of appearance to the probation bureau.

Article 12. Violation of the Established Regime by a Convict.

The regime prescribed by the legislation for the parolee and probationer includes an obligation of appearance to the place and at the time fixed by the probation officer. It may entail also other obligations as foreseen by the Georgian legislation;
An obligation to appear to the probation bureau no more than once a week shall be imposed on:
1. juvenile convict;
2. convict who has been imposed such obligation by the court.
The non-appearance by the convict without any valid reason shall entail fining of the convict up to 30 laris.

Article 13. Proceeding with cases of administrative violations and the procedure of payment of the fine imposed for the violation of the regime.

In case of violation of the established regime by the convict, the probation bureau officer shall draw up a report of administrative violation.
A report of administrative violation shall contain: date and place where it was written; position, first name, patronymic, and last name of the person who wrote it; data regarding the person who committed the administrative violation; time and place where the violation was committed and its substance; the respective article of this law, which foresees responsibility for this administrative violation; explanation of the violator; procedure and deadline to appeal; other data necessary for taking decision on this case.
The report shall be signed by the person who executed it and the perpetrator of administrative violation. In case if the perpetrator of administrative violation refuses to sign, an appropriate note thereof shall be made in the report. The perpetrator of administrative violation has the right to present explanation to be appended to the report and his/her comments regarding the contents of the report, as well as formulate the grounds of his/her refusal to sign the report.
The report shall immediately be sent to the head of the relevant probation bureau.
The head of the probation bureau shall consider cases of administrative violations within 15 days upon the receipt of the administrative violation report and other case materials.
After examining the administrative case, the head of the probation bureau shall pass a decision on the given matter.
The decision shall contain: the name of the agency (officer), which passed the decision; date of the case consideration; information about the perpetrator in the case; description of the facts established in the case, reference to the article which provides for the responsibility for the administrative violation in question; decision made on the case.
The decision shall be signed by the head of the probation bureau in charge of the case and confirmed by the office stamp.
A copy of the decision shall be delivered or sent within 3 days to the person with regard to who decision has been made
The perpetrator of administrative violation shall pay the fine according to the established procedure within 30 days from the date the copy of decision regarding imposition of administrative fine was served on him.
The probationer shall sign a receipt when a copy of the decision is served on him/her. In case it is mailed by post, a relevant note thereof shall be made in the case file.
Mandatory enforcement of the decision on imposing administrative fine shall be performed after the term determined for voluntary fulfillment expires.
The decision on imposition of administrative fine is effected for mandatory enforcement by the head of probation bureau that made the decision.
The decision on imposition of administrative fine is enforced mandatorily based on the decision of the head of the probation bureau by an officer of the court pursuant the procedure under law of Georgia on "Execution Proceedings".
The perpetrator of administrative violation shall pay the amount of the fine imposed for the administrative violation in a bank for transfer to the State Budget.

Article 14. Procedure of Granting Exemption from Service for the Period of Departure of the Convict Abroad.

The head of probation bureau shall consider upon solicitation of a probation officer a written application of the convict on his/her departure abroad and make a decision.
The convict shall be advised of the decision of the head of probation bureau in writing no later than 1 week from the date of submission of his/her application to the head of probation bureau.
In case of an excused departure abroad, the convict shall pay the following fees:
1. 500 Gel for leaving up to 1 month.
2. 2000 Gel for leaving from 1 to 6 months.
3. 3000 Gel for leaving from 6 to 12 months.
In case if the application of the convict is upheld the head of probation bureau shall give relevant permission upon payment of the relevant fee by the convict.
The non-compliance with the requirements of this article constitutes grounds for the head of probation bureau to apply to the court with a recommendation stipulated in par. "f" and "g" of the art. 22. of this law.

Article 15. Rules and Procedures of Payment of the Fee and Fine.

The convict shall pay fee and fine under the procedure and in cases stipulated by this law.
Juveniles, as well as those convicts, who are entered in a common register of socially vulnerable families and whose socio-economic index is below the minimum rate established by the Georgian Government shall be exempted from payment of fees and fines stipulated in articles 12, 13 and 14 of this law.
The fees and fine shall be paid in national currency in a bank with issuance of a receipt of a required form.

CHAPTER V
Procedure of Execution of Statutory Act

Article 16. Registration of the Executable Statutory Act, Assigning and Monitoring on Execution.

The statutory act shall be submitted to the probation bureau for execution within three working days and be registered by a duly authorized officer in a special registration log.
The log shall contain:
1. registration number of the statutory act,
2. date of entry of the statutory act into the probation bureau (date of its admission into execution proceedings),
3. type of the statutory act, name of its issuing agency, date of its entry into force.
4. short summary of the operative part of the act,
5. information regarding the convict (first name, last name, date and place of birth, registered place of residence as well as factual place of residence, family status, place of employment or study, in case of a legal person - name of the legal person and legal address)
6. Relevant article of the criminal code of Georgia, under which the statutory act in question has been issued.
7. The name of probation officer who has been assigned the statutory act for execution and the signature of the probation officer.
8. information regarding recommendations
9. date of termination of execution proceedings
The head of probation bureau shall assign the executable statutory act to the probation officer according to the place of residence (legal address) of the convict and jurisdiction of probation bureau.
The probation officer shall keep an appropriate log in accordance with the second paragraph of this article
The head of probation bureau shall monitor execution of the statutory acts and discharge of professional duties by the staff of the bureau.

Article 17. Commencing Execution and an Execution Case.

Upon receipt of each case for the execution, an execution case file shall be opened, the number of which should coincide with the number of the statutory act entered into the registration log.
The following data shall be entered in the execution case:
1. the executable statutory act
2. data regarding the convict which is entered into registration log and his/her photo.
3. records of measures carried out by the probation officer
4. copies of the notifications sent to the court
5. a memorandum to the head of probation bureau, regarding necessity of approaching the court with a recommendation.
6. copy of the recommendation of the head of probation bureau addressed to the court.
7. The liabilities imposed on the convict by the statutory act and the requirements set down by the probation officer for the purpose of monitoring the compliance with the former.
8. other documents composed in the process of the execution proceedings.

Article 18. Explanation of the executable statutory act and appearance of the convict.

The executable statutory act shall be sent to the National Probation Service without delay upon the entry of the act into force.
If the executable statutory act is unclear or contains some discrepancies, the head of probation bureau shall apply to the issuing agency for clarification of the unclear or incorrect part of the statutory act.
The head of probation bureau shall without delay notify the court in writing about commencement and termination of the execution of the statutory act issued by the court
If the convict does not live on the address indicated in statutory act issued by the court, the head of probation bureau shall return the statutory act to the court together a document confirming the above fact for starting the fugitive retrieval process.
The probation time shall be suspended for the period the convict is declared wanted
No later than within 30 days from the entry into force of the executable statutory act, the convict is obliged to appear before the probation bureau according to his/her place of residence, in order to be informed about the commencement of execution of the statutory act, his/her relevant rights and obligations and for the adequate monitoring over the convict to be exercised by the head of probation bureau. A probation officer shall advise the convict who appeared to probation bureau on his/her rights and obligations as well as possible consequences of failure to comply. A record shall be made thereof.
If the convict does not appear within the time limit stipulated in par. 6 of this article, he shall be warned by the probation bureau. Not later than one week from the warning, he/she is obliged to appear in probation bureau. Non appearance constitutes a basis for the head of probation bureau to apply to the court by a recommendation envisaged in art. 21 (a), (b), (f), (g) (h) of this law.

Article 19. Report

In the process of performing execution measures, the probation officer shall draw up a report, which shall contain:
1. Place and date of drawing up of the report
2. Name of the statutory act, for the execution of which the report is made.
3. The name and last name of the probation officer who draws up the report.
4. Data regarding the persons who are attending the process of drawing up of the report.
5. The nature of the executable action
The correctness of the report shall be confirmed by signatures of the probation officer, the convict, and persons attending as well as the stamp of the probation officer. The refusal of a person to sign shall also be marked in the report.

Article 20. A Memorandum of the Probation Officer Requesting a Recommendation.

Whenever a probation officer thinks that there is a ground as provided for in the law for starting a recommendation at the court he/she shall write a memorandum to the head of probation specifying the following information:

Reference number of the case under execution.
The executable statutory act.
Brief information on execution steps.
Information on non-compliance of the convict (legal entity) with liability (if any)imposed on him/her and communicating to the court.
The personal opinion of the probation officer regarding appropriateness of the recommendation.
Signature of the probation officer, the stamp and the date of writing a memorandum.

Article 21. Types of Recommendations Filed by the Head of Probation Bureau.

In case of existence of appropriate grounds, the head of probation bureau shall file with the court one of the following recommendations:
1. On replacement of community service imposed on the convict with another type of punishment.
2. On replacement of correctional service imposed on convict with another type of punishment.
3. On partial or complete revocation of duties imposed on a probationer or imposition of other duties by the court.
4. On revocation of a suspended sentence and clearing the criminal record of the convict.
5. On extension of probation time imposed upon the probationer up to not more than one year due to non compliance with the duties or imposition of administrative fee.
6. On the revocation of a suspended sentence and execution of the penalty imposed by the sentence.
7. Canceling the pre-term release and serving the remaining part of the sentence.
8. Revocation of suspension of execution of the sentence and sending the convict to the place designated by the sentence for serving duty.
9. With regard to a legal person: the replacement of a ban on practicing a particular occupation with another type of sentence
The recommendation shall be filed at the court in accordance with the place of residence (legal address) of the convict.
The court shall pass a decision on either upholding the recommendation or its rejection within 1 month from its filing in the court.

Article 22. Recommendation

The recommendation of the head of the probation bureau filed in court shall contain:
1. The title of the statutory act, in the course of execution of which there emerged a necessity to apply to the court with a recommendation.
2. Data regarding the convict and duties imposed upon him/her by the court.
3. Data regarding the convict's conduct and the grounds for filing a recommendation in the court.
4. Data regarding the occupation of the legal person and the grounds for filing a recommendation in the court n.
5. Substance of the recommendation.
The recommendation shall be signed and stamped by the head of the probation bureau.
The evidence proving the facts formulated in the recommendation shall be attached to the recommendation.
The recommendation shall be accompanied by personal case file of the convict (legal person), the copy of which shall remain in the probation bureau.

Article 23. Termination of execution proceedings.

In case of ban from holding a particular position or pursuing any particular occupation, the execution proceedings with regard to the executable statutory act shall be terminated upon the expiration of the time, for which the person has been banned from holding a particular position or pursuing a particular occupation, likewise upon his exemption from serving this punishment.
In case where the person is sentenced to community service, the execution proceedings of the executable statutory act shall be terminated:
1. upon serving out the whole punishment;
2. upon replacement of community service with another punishment or exemption from serving that punishment.
In case where the person is sentenced to correctional service, the execution proceedings of the executable statutory act shall be terminated:
1. upon serving out the whole punishment;
2. upon replacement of correctional service with another punishment, also upon exemption from serving that punishment.
In case when convict is under conditional sentence, the execution proceedings with regard to the executable statutory act shall be terminated:
1. upon expiration of probation time as defined by the court
2. upon revocation of the conditional sentence and clearing the convict's criminal record.
3. upon adoption of a statutory act revoking the conditional sentence and ordering the execution of the punishment imposed by the sentence.
In case of conditional pre-term release of the convict, the execution proceedings with regard to the executable statutory act shall be terminated:
1. upon the expiration of the time of the unserved term of punishment.
2. upon the adoption of a statutory act revoking the conditional sentence and ordering the execution of the unserved part of the sentence.
Upon suspension of the execution of punishment, the execution proceedings with regard to the executable statutory act shall be terminated:
1. Upon expiration of the time, for which the court suspended the execution of the punishment.
2. Upon adoption of a statutory act revoking suspension of the execution of the punishment and assigning the convict to the place designated for serving the punishment by the sentence;
3. Upon adoption of a statutory act which revoking suspension of the execution of the punishment and exempting the convict from serving the remaining punishment.
In case a legal person is banned from carrying out a particular occupation, the execution proceedings with regard to an executable statutory act shall be terminated:
1. In case of liquidation of the legal person, sentenced by the court to be banned from pursuing a particular occupation;
2. Upon the expiration of the term of punishment imposed by the court.
3. In case the court upon a recommendation by the head of probation bureau orders replacement of banning from practicing a particular occupation with another punishment.
In case stipulated in par. 6 "a" of this article, a probation officer shall notify the court about the expiration of the time for which the execution of the punishment has been suspended.
In cases, when the executable statutory act has been revoked or the death of the convict, the execution proceedings shall be terminated.
Upon termination of the execution proceedings, the execution case file shall be kept in accordance with Georgian legislation.

Article 24. Official supervision on the execution of statutory acts and information regarding the status of execution of statutory acts

The National Probation Service shall exercise official supervision on the execution of statutory acts defined by the law.
The head of probation bureau shall periodically or upon request present statistical information, report or other necessary documents regarding the status of execution of the statutory acts defined by this law.

CHAPTER VI
Execution of a ban to hold a particular position or be engaged in a particular occupation.

Article 25. Procedure of execution of a ban to hold a particular position or be engaged in a particular occupation.

A copy court judgment on the ban to hold a particular position or be engaged in a specific occupation shall be dispatched to the probation bureau according to the place of residence or work of the convict
A probation officer shall register the convict, explain to him/her the terms and rules of serving the punishment, and periodically monitor the compliance with the obligations imposed on the convict.
If the probation officer finds out that the convict holds a position or is engaged in an occupation, which is banned to him/her by the judgment, s/he shall send a request to the employer's executive officer to dismiss the convict from the position or bar him/her from the occupation indicated in the judgment.
The request of the probation officer directed to the employer should contain a warning concerning the possible criminal liability for interference with execution of the judgment or its non-fulfillment.
If the employer does not remove the convict from the occupied position or change his field of occupation within five days from the receipt of the probation officer's request, the relevant materials shall be sent to the prosecutor's office.

Article 26. The obligations of administration of the employer where the convict is working.

The execution of the court judgment banning to hold a particular position or practice a specific kind of occupation are binding for the administration of the employer where the convict is working.
The administration of the employer where the convict is working is under duty:
1. to notify the probation bureau of the implemented measures not later than 7 days from the receipt of a copy of the judgment and notification from the probation bureau regarding removal of the convict from a certain position or banning him/her from a particular type of occupation;
2. upon request of the probation bureau, present without delay any documents, related to the execution of punishment.
3. inform within five days the probation bureau about the modification or termination of the employment contract with the convict.

Article 27. The responsibility of those authorities who are entitled to revoke permission for practicing a particular occupation.

The requirements of the court judgment banning to practice a particular occupation are binding for execution by the authority, which is entitled to revoke permission for practicing a particular occupation.
The agency mentioned in the par. 1 of this article is obliged to revoke a decision granting the convict permission to practice a particular kind of occupation, within five days from the receipt of a copy of the judgment and the request from the probation bureau, withdraw from him/her relevant documents and notify the probation bureau thereof.

CHAPTER VII
Procedure of execution of a statutory act regarding the withdrawal of license of a legal person to practice a particular occupation.

Article 28. Execution of a statutory act regarding withdrawal of license to practice a particular occupation.

When executing a statutory act regarding the withdrawal of license of a legal person to practice a particular occupation a probation officer shall take measures in order to ensure entering changes in the registration files of the legal person regarding the ban of a particular occupation and the term of the ban.
If a statutory act is banning the occupation granted by license/permit, then the probation officer shall notify about the occupational ban the relevant agency issuing the license/permit within 3 days from the receipt of the statutory act for execution.
The probation officer shall periodically monitor due compliance by a legal person with the statutory act regarding withdrawal of license to practice a particular occupation.
If the legal person fails to comply with the statutory act and continues the banned occupation, the head of probation bureau shall, under the procedure established by this law, file a recommendation to the court and ask for the replacement of the punishment banning the legal person from a certain occupation with another type of punishment.
The relevant provisions of execution of punishment shall be also applicable with regard to the legal person, except for the cases when they are inapplicable due to the contents of the norm.

CHAPTER VIII
Execution of community service imposed as punishment

Article 29. Procedure of execution of community service imposed as punishment.

Upon receipt of a copy of the court sentence imposing community service, the head of the probation bureau shall send a request to the respective body of local self-governance asking to designate the type and the place of a community service. The request shall contain indication to the complete term of community service as defined by the court and the daily duration of the work as required by the Criminal Code of Georgia.
The body of local self-governance is obliged to notify the probation officer within one month upon receipt of the request about the type of community service, its duration and the place of employment of the convict. The notification shall also indicate the name and the address of the employer.

Article 30. Terms of serving community service as the punishment.

Community service may be performed in any part of the day, taking into account free time of the convict.
The convict has the right, at his/her own discretion and provided there are adequate conditions, to work on holidays.

Article 31 Calculation of the time of serving community service.

The time of community service shall be calculated in hours, during which the convict is engaged in the mandatory work. If the duration of work offered by the body of local self-governance is less than that defined by the court, the body of local self-governance, shall before the term of the offered work expires designate a new place of employment and notify the probation officer thereof.

Article 32. Duties of the administration of the employer, where the convict performs community service as his/her punishment.

The employer shall monitor the duration and the workload of the community service performed by the convict and keep relevant records. The probation officer shall periodically check correctness of the records of the employer, the work completed by the convict and shall record the data regarding the completion of the work in the report.
The liability arising from the damage caused in the process of performance of community service and its indemnity are defined by Georgian legislation.

Article 33. Responsibility of a person sentenced to community service as a punishment.

The probation officer shall warn the convict about the liability established by the Georgian legislation for violation of rules and conditions of community service.
If the convict refuses to perform community service or persistently escapes from it, the probation officer, under the procedure established by this law shall apply to the court with a recommendation for the replacement of the community service with another punishment.

CHAPTER IX
Execution of correctional work imposed as punishment

Article 34. Procedure of execution of correctional work imposed as punishment.

The execution of correctional sentence shall take place at the principal employment place of the convict.
Upon receipt of the court judgment imposing correctional work, or providing the convict moved to another job, the probation bureau shall send to the employer a request to withhold an amount corresponding to the percent rate established by the court from the convict's salary to be transferred to the state budget.
The request sent to the employer shall indicate possible criminal liability for non-compliance with the judgment or interference with its execution.

Article 35. Conditions of serving correctional work

In the process of serving correctional work, the convict is prohibited to voluntarily vacate his/her job without written consent of the head of the probation bureau. The consent may be given only when there is a proper justification of the reason to vacate the position by the convict. The refusal to consent shall be motivated. That refusal may be appealed in court under procedure established by law.

Article 36 Calculation of the time of serving correctional work.

The time of serving correctional work shall be deemed as the time during which the convict was working and his salary was deducted in favor of the budget.
The correctional work shall start from the day when the administration of the place of employment of the convict receives a copy of the judgment and other relevant documents from the probation bureau.

Article 37. The duties of administration of the place of employment of the convict.

The administration of the company where the convict is serving his/her correctional work is under duty to deduct from the salary of the convict in timely and accurate fashion and transfer the deducted amount under the appropriate procedure; monitor the behavior of the convict; notify the probation bureau of the incentives or sanctions applied against the convict; as well as his transfer to other job or his dismissal.
If in the course of serving the punishment, the convict is dismissed from the job on the initiative of the employer, the administration is obliged to notify immediately the probation bureau thereof.
The probation bureau shall apply to the relevant employment service with the request to provide the convict with job.
The employment service is under duty to notify probation bureau about providing employment for the convict.
The convict shall be immediately notified about job proposal.

Article 38. Procedure of deducting from the salary of the convict serving correctional work.

The probation officer shall check the accuracy of deductions from the salary of the convict, performed by employer. In case of existence of relevant grounds, the probation officer has the right to seek engagement of the relevant bodies for the purpose of control.
In case the financial position of the convict deteriorates, the head of probation bureau, the convict, the administration of the place of employment have the right to apply to the court with a motion of reduction of the sum deductable from the convict's salary.

Article 39. Responsibility of the convict sentenced to correctional work.

If the convict persistently fails to abide by correctional work or violates conditions and rules of serving of the sentence, head of probation bureau shall apply to the court with recommendation to replace correctional work with another punishment.

CHAPTER X
Procedure of execution of statutory acts regarding the application of probation measures to the convict (conditional sentence, anticipated release from serving of the sentence and suspension of execution of the sentence)

Article 40. Powers of the probation officer and social worker in the course of execution of probation related statutory acts.

In the course of execution of statutory act envisaged by art. 2 (2) of this law, probation officer shall:
1. Monitor the fulfillment of the duties imposed by court upon convict;
2. Monitor the convict's conduct and provide him assistance;
3. Carry out educational measures with regard to the convict;
4. To the best of his/her ability helps the convict with employment;
5. Implements other measures, which would contribute to the convict's re-socialization, for which whenever necessary establishes contacts with local self-governance bodies and other State or non-governmental agencies.
In the course of monitoring the conduct of the convict fulfilling his obligations as imposed by the court, the probation officer has the right:
1. To summon the convict for registration at the regular intervals stipulated by this law;
2. Seek for the explanations from the convict;
3. Obtain information regarding the conduct of the convict from his relatives, acquaintances, place of employment and educational institution;
4. Request data regarding the convict from the State and relevant medical institutions;
On the basis of the contract reached with the probation bureau, the measures indicated in section 1. par. "c" and "e" of this law, may also be carried out by a social institution, social worker or an individual with relevant education.

Article 41. Change of place of residence by the convict.

If the court under its writ imposes a liability on the convict not to change his/her place of residence without consent of the punishment execution body, the head of probation bureau shall consider and decide upon an application of the convict asking for change of residence.
The permission of change of residence decided by the head of probation bureau shall be notified to the convict in writing no later than within two weeks from the receipt of the application.
If the court did not impose on the convict an obligation defined by par. 1 of this article, the convict shall notify the authority in charge of control about the his/her change of residence two weeks in advance.
In case of change of place of residence by the convict, the executable case file shall be sent to a probation bureau according to the new place of convict s residence, which shall be recorded in the registration log.

Article 42. Giving a warning to the convict whose punishment has been suspended.

If the execution of the sentence is suspended under art. 2 (2) "c" of this law, and the convict is rejecting his/her child, or is reluctant to contribute to his/her upbringing, the probation officer shall notify the convict in writing that this action constitutes a ground for a recommendation formulated in art. 22 (1) (h) of this law. A report shall be made thereof.
If this situation has not been remedied within a week, also in case of termination of pregnancy of a pregnant convict, the head of probation bureau shall apply to the court with a recommendation to revoke suspension of the sentence and have the convict sent to the place designated for serving his/her sentence.

Article 43. Notification sent to the court by the probation officer regarding convict's non-compliance with imposed duties.

The probation officer shall notify the court issuing the executable statutory act or the one according to the place of residence of the convict about each fact of non-compliance with obligations by the convict.
The notification shall contain:
1. date of sending the notification
2. The title of the statutory act based on which the obligation has been imposed on the convict,
3. the obligation imposed on the convict,
4. The act committed by the convict, causing failure to comply with the court imposed duty as well as the facts confirming the committal of the above act.
5. The signature and stamp of the probation officer.

Article 44. Non-compliance with the obligation by the convict.

The following shall be deemed as failure to comply with duties imposed on convict:
1. Nonconformity with a legitimate request of the probation officer.
2. Failure to comply with the court imposed duty or refusal to comply.
The following shall constitute a ground of applying to the court with a recommendation:
1. If the convict three times fails to appear to the place and at time determined by the probation officer.
2. Failure to comply with the court imposed duty or refusal to comply.
3. Other cases envisaged by the law.
The ground of proposal envisaged by par. 2 (a) of this article shall not apply to the persons who in cases stipulated by this law voluntarily pay a fine under the established procedure.

CHAPTER XI
Transitional and conclusive provisions

Article 45. Transitional provisions

For the moment this law enters in force:

convicts released conditionally or pre-term shall have obligation to appear at time and place fixed by the probation officer once a year;
juvenile convicts and juveniles who are conditionally released pre-term shall have an obligation to appear at the fixed time and place no more than once a week as set by the probation officer;
those convicts and persons released pre-term whose sentence expires in less than one year shall are under duty to have one appearance at time and place fixed by the probation officer during the whole remaining time of their punishment.

Article 46. Normative act to made void

After entry into force of this law, the law of Georgia of 19.06.2001 of "procedure of execution of non-custodial sentences and probation" (N21, 4.07.2001, article 76) shall be invalidated.

Article 47. Entry into force of this law

This law shall enter into the force on the 15th day upon its publication.

President of Georgia
Michail Saakashvili
19.07.2007
#4956-Is