What does house arrest mean?

House arrest means imposing an obligation on a convicted person to remain in their place of residence for a specified period, day and night.

How is the control of the execution of house arrest carried out?

House arrest is typically monitored using electronic surveillance devices. If the use of such devices is not technically impossible, supervision is conducted through unannounced visits by a probation officer to the convict's residence.

After receiving a conditional sentence, how soon must a person report to the Probation Bureau?

As stated in Article 18, Paragraph 6 of the Law of Georgia on Crime Prevention, Enforcement of Non-Custodial Sentences and Probation, a convicted individual must report to the Probation Bureau based on their place of residence no later than 15 days after the entry into force of the enforceable legal act.

What are the consequences of violating probation conditions?

According to Article 12 of the Law of Georgia on Crime Prevention, Enforcement of Non-custodial Sentences and Probation, in case of violation of the established regime by a convict, an authorized person of the Probation Bureau draws up an administrative offense protocol, and if the convict is registered in the Unified Database of Socially Vulnerable Persons and his socio-economic status is less than the threshold score established by the Government of Georgia, an authorized employee of the Bureau draws up a warning protocol. The aforementioned protocols are delivered to the convict directly or sent by mail. The convict is obliged to pay the fine imposed on him within 30 days from the date of acquaintance with the administrative offense protocol. Violation of the established regime by the convict will result in a fine of 100 GEL. The same action, committed repeatedly, within 1 year from the first violation, will result in a fine of 200 GEL. Violation of the established regime by a convict for the third or more times, within 1 year from the last violation, will result in a fine of 300 GEL, which may also serve as a basis for an authorized person of the Probation Bureau to file a complaint with the court and/or to tighten the established regime.

Under what conditions can a conditional sentence be revoked early?

If a conditionally convicted person, after the expiration of at least half of the probationary period, proves his/her correction by his/her behavior, the Standing Committee for the Cancellation of Conditional Sentences of the National Agency for Crime Prevention, Execution of Non-custodial Sentences and Probation, a legal entity of public law operating under the jurisdiction of the Ministry of Justice of Georgia, shall, upon the petition of the  Aid Agency  of Control and Assistance of  convicted person, makes a decision to cancel the conditional sentence and vacate the conviction for the conditionally convicted person. To resolve this issue, the convicted person shall apply in writing to the Head of the Probation Bureau for the cancellation of the conditional sentence and vacate the conviction. If the convicted person has been convicted under Chapter XXXIII and Article 381 of the Criminal Code of Georgia (based on violation of the restriction provided for by the Law of Georgia "On Combating Drug Crime"), it is mandatory to submit an expert report on the drug test, as well as, if the convicted person has been sentenced to a fine as an additional punishment, documentation confirming the payment of the fine.

What happens if the reporting date falls on a weekend or public holiday?

If the day of the convict's appearance coincides with a weekend or holiday established by the Labor Code of Georgia, the convict is exempted from the obligation to appear at the Probation Bureau on that day and is required to register at the Probation Bureau on the next appearance day.

 

If the end of the probation period coincides with a weekend or holiday, will the convict face delays crossing the state border?

According to Article 12, Paragraph 3 of the Law of Georgia "On Crime Prevention, Rules for the Execution of Non-custodial Sentences and Probation", if the end of the probationary period falls on a weekend or holiday, the convict is released on the previous working day, upon which a notice of release is issued.

Under what circumstances is a probationer allowed to travel abroad?

According to Article 14 of the Law of Georgia “On Crime Prevention, Enforcement of Non-custodial Sentences and Probation”, your written application for travel abroad will be considered and a decision will be made by the Head of the Probation Bureau in a written agreement with the Head of the National Probation Agency. You will be notified of the decision of the Head of the Probation Bureau in writing, no later than 10 working days after the Head of the Probation Bureau receives the application. In case of obtaining the right to travel abroad, you will be required to pay the following fee for the permit to travel abroad:

 

  1. a) for a period of up to one month - 700 GEL;

 

  1. b) for a period of one to two months - 1200 GEL;

 

  1. c) for a period of two to four months - 1500 GEL;

 

  1. d) for a period of four to six months - 2000 GEL;

 

  1. e) For a period of six to nine months - 2700 GEL;

 

  1. f) For a period of nine to twelve months - 3500 GEL.

 

Is it possible to expedite the processing of an application for permission to travel abroad?

The head of the Probation Bureau may expedite an application for travel abroad submitted before 14:00 on a working day. The service fee for expedited consideration of an application for travel abroad within 1 working day is 300 GEL, and for consideration within 2 working days - 250 GEL. In case of refusal to travel abroad for a convicted person, the expedited service fee is not refunded.

For what period is a person considered to have been convicted?

A person is considered to have been convicted from the date the conviction against him/her enters into legal force until the moment the conviction is expunged or withdrawn.

What is the timeframe for a conviction to be expunged?

A conviction shall be expunged:

 

  1. a) in the case of a suspended sentence - after the expiration of the probationary period;

 

  1. b) in the case of a lighter sentence than imprisonment - after 1 year after serving the sentence;

 

  1. c) in the case of imprisonment for a less serious crime - after 3 years after serving the sentence;

 

  1. d) in the case of imprisonment for a serious crime - after 6 years after serving the sentence;

 

  1. e) in the case of imprisonment for a particularly serious crime - after 8 years after serving the sentence;

If a convicted person has been released from serving a sentence early in accordance with the procedure established by law or if the unserved part of the sentence has been replaced with a lighter sentence, the period for the expungement of the conviction shall be calculated accordingly from the time the sentence has actually been served or from the moment the lighter sentence (principal and additional) has been served.

Does a probationer have the right to change his/her place of residence and move to another district?

According to Article 41 of the Law of Georgia “On Crime Prevention, Enforcement of Non-Custodial Sentences and Probation,” if the court has imposed a condition on a convicted person prohibiting them from changing their place of residence without the Probation Bureau’s consent, the head of the Probation Bureau will review the application and make a decision. If no such condition is imposed by the court, the convict is required to inform the relevant Probation Bureau of any change in residence at least two weeks in advance. In cases of a change of residence, the enforcement case will be transferred to the Probation Bureau corresponding to the new address.

Who are the members of the Standing Committee for the Cancellation of Conditional Sentences?

The Committee shall consist of the following members:

 

  1. a) 1 employee of a structural unit within the civil unit of the Special Penitentiary Service (hereinafter referred to as the Special Penitentiary Service), a state sub-agency institution within the system of the Ministry;
  2. b) Two employees from the Agency system;

 

  1. c) One representative from the High Council of Justice of Georgia;

 

  1. d) One representative from non-governmental organizations.

 

How often does the Standing Committee meet?

The Standing Committee for the Cancellation of Conditional Sentences usually meets once a month.

If the Standing Committee denies early termination, can the probationer reapply?

In case the Committee refuses to cancel the suspended sentence, the same convict may again apply to the relevant Probation Bureau for a petition before the Committee on the same issue, after 6 months from the date of  refusal.

Can a probationer temporarily register with a different Probation Bureau due to short-term travel?

If a probationer intends to register at another probation bureau for a short period (up to 3 months) due to a trip to another region, they must submit an application to the case-handling bureau at least one day before departure. The application should specify the Probation Bureau where the probationer plans to report, as well as the duration of the stay. The probationer will receive a response to the application no later than the next working day after it is submitted.

In what cases is a probationer exempt from the travel permit fee?

If a convict is registered in the Unified Database of Socially Vulnerable Persons and his/her socio-economic status indicator is less than the threshold score set by the Government of Georgia, he/she is exempted from paying the legally established fee for traveling abroad.

When is registration at the Probation Bureau available?

Registration at the Probation Bureau is available Monday through Friday, from 09:00 to 18:00.

I am a probationer with disabilities and cannot move independently. What should I do to fulfill my obligation to report to the probation office?

If you have a disability and are unable to move independently, your probation officer will visit your home address at least once every three months for supervision purposes.

What is the deadline for paying a fine imposed for violating probation rules?

The fine imposed for violating the regime must be paid within 30 calendar days from the date of receipt of the fine.

What happens if the fine is not paid within 30 days?

In such cases, to enforce the fine imposed on you, an authorized representative from the Probation Bureau will request a bailiff to carry out the payment enforcement in accordance with the procedures set out in the Law of Georgia on Enforcement Proceedings.

If a convict fails to report to the Probation Bureau due to health issues, is it considered an excused absence?

Absences can be considered honorable if the convict presents a medical certificate from a doctor (Form #100) to the bureau, stating that at the time of the absence, the person was unable to move or was prescribed bed rest.

 

What documents must be submitted when registering at the Probation Bureau?

The convict shall submit to the Probation Bureau their identity card, a 1 ¾-size photograph, an autobiography, and, if applicable, a certificate of release from a penitentiary institution.

Is it possible to report to the Probation Bureau only once a month?

A convict may submit a request to the head of the Probation Bureau to report for registration once a month. The head of the Bureau will review the application and make a decision in consultation with the head of the agency. The applicant will be notified of the decision in writing within 5 working days of the application’s submission. If the request is approved, the convict must pay a one-time fee of 400 GEL to the appropriate account of the National Probation Agency. Upon payment, the convict will be granted a preferential reporting regime.

 

Does the exemption for reporting apply to socially vulnerable individuals?

A convicted person may submit a request to the Head of the Probation Bureau to register every two weeks. The Head of the Bureau, in consultation with the Head of the Agency, will review the application. The applicant will be notified of the decision in writing within 5 working days of the application’s submission.

What happens if a person fails to report at the Probation Bureau after being sentenced to probation by the court?

If the convicted person fails to report to the relevant Probation Bureau within the legally established timeframe and cannot be contacted, the Probation Bureau will submit a petition to the court to have the person declared as wanted.

Can a probationer apply for an extension of a travel permit?

The convicted person's guardian may apply to the Probation Bureau for the extension of the permit to travel abroad. In case of approval, the permit will be extended if a document confirming payment of the cost of traveling abroad is presented to the Probation Bureau.