Title 42, Chapter 8, Section 43.1
( 42-8-43.1)
(a) This Code section shall apply to county probation systems of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal years 1982-83 and 1983-84. The department shall compute the state cost per probationer on a state-wide basis for each of the aforesaid fiscal years pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For each of the aforesaid fiscal years, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section the percentage shown below of the state-wide cost per probationer for each probationer being supervised under the respective county probation system as of the first day of each of said fiscal years: (1) For fiscal year 1982-83, 10 percent; and (2) For fiscal year 1983-84, 10-100 percent. (b) The funds necessary to participate in the cost of county
probation systems under subsection (a) of this Code section shall
come from funds appropriated to the department for the purposes of
providing state participation in the cost of county probation
systems. The payments to counties provided for in subsection (a) of
this Code section shall be made by, or pursuant to the order of, the
department in single lump sum payment for each fiscal year, with the
payment for fiscal year 1982-83 being made by May 1, 1983, and the
one for fiscal year 1983-84 by May 1, 1984. As a condition
necessary for a county to qualify for department participation in
the cost of the county's probation system, the employees of such
county probation systems shall be subject to the supervision,
control, and direction of the department. (c) Each county probation system subject to the provisions of this
Code section shall become a part of the state-wide probation system
provided for by this article effective on July 1, 1984, and shall be
fully funded from state funds as a part of the state-wide probation
system beginning with fiscal year 1984-85. The employees of said
county probation systems, at their option, shall become employees of
the department on the date said county systems become a part of the
state-wide probation system and, on or after said date, said
employees shall be subject to the salary schedules and other
personnel policies of the department, except that the salaries of
such employees shall not be reduced as a result of becoming
employees of the department. (d) When an employee of a county probation system of any county of
this state having a population of 550,000 or more according to the
United States decennial census of 1980 or any future such census
becomes an employee of the department pursuant to subsection (c) of
this Code section at the same or a greater salary, the change in
employment shall not constitute involuntary separation from service
or termination of employment within the meaning of any local
retirement or pension system of which the employee was a member at
the time of such change in employment, and the change in employment
shall not entitle the employee to begin receiving any retirement or
pension benefit whatsoever under any such local retirement or
pension system. |