FORSYTH COUNTY, Ga. — Thousands of warrants are being thrown out and dozens of inmates are being let out of jail across the state as a result of a recent Georgia Supreme Court decision.
The justices ruled that tolling, or putting on hold misdemeanor probation sentences, was illegal. The decision's fallout is not sitting well with some public safety advocates.
"We agree with the trial court that under current Georgia statutes, the tolling of a misdemeanor probationer's sentence is not permitted," according the November Georgia Supreme Court decision.
In Forsyth County, Sgt. Scott Boggus, who heads up the warrants division, says this means that about 10 inmates were let out of jail and more than 800 warrants were canceled.
Misdemeanor crimes include traffic violations, drunk driving, domestic violence and even battery.
In Fulton County, 1,300 warrants in the system have been dismissed.
"The crimes against the people are the ones that are concerning, maybe they were set to go to treatment, counseling," Boggus said.
Before the ruling, if inmates failed to check in or violated probation, their probation was put on hold until deputies arrested them for that probation violation. This is considering tolling and is now illegal.
"We've got some people that are on misdemeanor probation, are people that you wouldn't want to be around," said Rep. Mark Hamilton, R-Cumming.
Hamilton sponsored a bill last session, which failed, that would make tolling legal.
He plans to reintroduce the legislation, especially given the Georgia Supreme Court decision.
Supporters of the decision point out that most of the dismissed warrants are low level offenses and have traffic violations, and they say private probation companies motivated by profits often file warrants that are not warranted.
Court ruling has sheriff's departments releasing inmates, dropping warrants
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