Non-custodial Sentences

The following legal acts of non-custodial penalties are subject of execution of National Probation Agency of Georgia: 

Control and Supervision of Conditional Convicts is Performed in Comfortable Environment 

• Regarding a restriction of position taking or deprivation of activity right as a punishment

Deprivation of activity right or position taking means that convict is restricted to hold any position in any of state departments or in any of local self-governing bodies, also to perform professional or any other activity.

• Regarding the deprivation of activity right to the legal entity 

Deprivation of activity right means one or several types of activity right deprivation for legal entity from one year to 10-year period or with unlimited period of time. Deprivation of activity right may be performed for the activity which is connected to the crime.

• Regarding sentencing remedial community works as a penalty 

Useful community works means unpaid works which are performed by the convicts and which is defined by the Probation bureau.    

Useful Community Works 

• Regarding the sentencing of correctional works 

While sentencing correctional work, from the salary of convict will be deducted the amount of not less than 5% and not more than 20% in benefit of state income. This amount is defined by the court. Correctional work must be served in convict’s existed workplace.

• Regarding the sentencing restriction of freedom as penalty 

Restriction of freedom means convicts’ placement in correctional facilities without their isolation from the society but with performing supervision on them.

Electronic monitoring of house arrest - another step toward the liberalization of criminal law

House Arrest is Performed with Electronic Monitoring Utilities

From the 1st January of 2016 new type of non-custodial penalty – house arresting entered into force. It must be performed by the National Probation Agency of Georgia with using electronic monitoring utilities. House arresting is sentenced to the juveniles with period from 6 months to 1 year according to the Juvenile Justice Code. This penalty is designated for less grave crime.

• House arresting as usual is performed via electronic supervising utilities or with unexpected visits of responsible person;
• Electronic monitoring center is located in National Probation Center’s office;
• House arresting is performed by the National Probation Center’s territorial bodies – by the probation bureaus. Direct performer will be probation officer who will be assisted with person who is responsible for electronic supervising;
• House arresting will significantly decrease facts of juvenile’s arrestments. It will help system to punish juveniles without their isolation from society.
• In case of house arresting, juvenile will serve the whole period of punishment in his/her family. It will maximally help his/her rehabilitation and re-socialization.   

House Arresting Monitoring Utilities

From January 1 of 2018, house arrest came into force for adult offenders. House arrest is imposed on a minor, who has no previous convict, for a period of six months to two years.

Local council of Ministry of Corrections of Georgia can change the unserved part of the sentence into house arrest, with the agreement of an offender, who is sentenced to the term imprisonment, except those, who are placed in a penitentiary establishment for special risks.

Unlike juvenile offenders, fee has been imposed for enforcement of house arrest for adult offenders with electronic monitoring.

Terms and conditions of imposition of the fee were defined with the decree of Minister of Corrections, as well as the compensation warranty of the gadget in case of damage.

According to the Juvenile Justice Code, electronic monitoring service is free  for offenders, who have been imposed house arrest as a form of a sentence or their sentence has been changed into house arrest, also for those, whose economical index is lower than rate defined by the Georgian government.

Implementing of this alternative form is once more step forward the criminal law liberalization. 

The following legal acts are subject of National Probation Agency’s execution:
• Act of Conditional Sentencing

Court will consider the conviction as conditional when it defines probationary period. Convicted must not commit new crime during the probationary period and he/she must perform his/her duties. 
Court is entitled to assign any defined duty to the convict when he/she is sentenced conditionally, for e.g. not change permanent residence without permission of bureau or not build relationship with person who may involve him/her in anti-social activity, not visit any defined place, help his/her family financially, undergo alcoholism, drug addiction or venereal disease treatment.
Court can impose other duties too to the convicted if these duties will help his/her correction. 

Probation bureau performs controlling acts of conditionally convicted and how he/she performs his/her duties. In case of not-fulfillment of duties, bureau immediately informs court about it. 

• Act of Early Conditional Release 

Convicted who is sentenced community works, correctional works, military official restriction or correctional may be conditionally released from his/her sentence if court decides that for his/her correction is not necessary to serve the sentence fully any more. But if person is sentenced imprisonment, he/she may be early conditional released if the local council of the Ministry of Corrections of Georgia decides that for his/her correction is not necessary to serve the sentence fully any more.
Early conditional release is possible only when convicted has factually served:
a) Half of the period of his/her sentence for less grave crime;
b) Two-thirds of the period of his/her sentence for serious crime;
c) Not less than three-fourth of the period of his/her sentence for exceptionally serious crime.

• Act of Suspension of Sentence (for pregnant women – about for 1-year period after giving birth)

Suspension of sentence for pregnant women and for 1-year period after giving birth performs court. When child will reach 1-year-old period, court will release a convicted from serving her remaining part of sentence or will change the remaining part of sentence with less severe punishment or will decide to place the convicted again in correctional facility to serve the remaining part of her sentence. While suspension of sentence if convicted abandons a child or will avoid raising of her child after she was notified by the probation bureau, court may nullify suspension of sentence. This nullification is performed according to the recommendation of bureau. In this case convicted will be sent to the defined place of punishment.