Senate committee backs statutory fix to reverse 'Kellum' effect on probation credit

The Georgia Senate Judiciary Committee voted unanimously to give a subcommittee substitute (LC492562S) a do‑pass recommendation to the full Senate for a bill that would restore how "time served" is calculated in probation revocation cases.

The sponsor told the committee the bill fixes a Court of Appeals ruling (the "Kellum" decision) that created inconsistent treatment when people awaiting probation‑revocation hearings were not receiving credit for time spent in jail. "This is a bill that would fix the Kellum decision," the sponsor said, describing the change as a return to the way courts handled time‑served calculations before the appellate ruling.

The measure would count time spent in jail awaiting a probation revocation hearing as credit in the same way time in jail counts in other contexts, the sponsor said, and would include a carve‑out to prevent credit where a person’s reporting issues caused the delay. Committee members asked for detail on when credit would begin; the sponsor clarified that, under the draft, credit runs from the filing of a petition for revocation rather than from an earlier alleged violation.

Robert Smith of the Prosecuting Attorneys' Council testified that PAC had no official position but noted the practical effect if the legislature changes the statute: "If you change the law, we'll follow the law," he said, emphasizing courts implement statutory policy. Wade Askew of the Georgia Justice Project supported the correction, saying the bill brings consistency to an area that has produced unequal outcomes for people awaiting revocation hearings.

Committee members discussed related penalties and fines included elsewhere in the substitute (one member noted an increase from $25,000 to $75,000 in a cited line), and sponsors said that language tracks prior Senate intent and corrects a drafting error that occurred in the other chamber’s version last year.

At the end of discussion Leader Hatch moved a do‑pass on the subcommittee substitute (LC492562S); the committee seconded and approved the motion unanimously by raised hands. The committee record shows the bill will move forward with Senator Kauser carrying it to the floor.