On July 1, 2017, Georgia passed a new law under S.B. 174 allowing a behavioral incentive date for felony cases where a defendant has no prior felony convictions and the court imposes a sentence of probation, not to include a split sentence. This date will be set no more than three years into the probation. If the defendant has not been arrested for anything other than nonferrous traffic offenses, has been compliant with the general and special conditions of probation imposed, and has paid all restitution owed, then within 60 days, the Department of Community Supervision shall notify the court and prosecuting attorney of such facts. The Department of Community Supervision shall provide the court with an order to terminate such defendant’s probation. See O.C.G.A. section 17-10-1 (a)(1)(B).
