Committee advances bill to count jail time during probation-revocation proceedings

House Bill 535, presented to the Senate Judiciary Committee as a corrective measure to a Court of Appeals ruling, would make time spent in jail awaiting a probation‑revocation hearing count as time served in the same manner as other pre‑sentence custody.

The bill’s sponsor told the committee the measure is intended to “fix the Kellum decision,” which he said created inconsistency in how courts calculate time served for probation revocations. “This is a bill that would fix the Kellum decision,” he said, explaining that the Court of Appeals held time in jail waiting a revocation hearing only counts as time on probation for some calculations and not as credit toward a new carceral sentence. The sponsor added that the Department of Community Supervision cleared the language and that the bill includes “a clause at their request that ensures that people will not get credit for time served if their sentence is told due to the individuals reporting issues.”

Committee counsel explained that last year’s committee substitute was prepared from an earlier draft, producing an oversight; the substitute now restores the language committee members say reflects the Senate’s intent. Counsel described the package as a corrective, not a substantive departure from what the Senate previously approved.

Prosecuting Attorneys Council representative Robert Smith told the committee PAC had no formal opposition but emphasized the bill would change current statutory operation and that courts will follow the statute if revised. Wade Ascu of Gold Dome Partners, speaking for the Georgia Justice Project, said the change restores consistency for people awaiting revocation hearings whose time currently is treated differently than other defendants.

Committee members also questioned how the credit would be applied in practice; senators were told credit would generally run from the date the revocation petition is filed until disposition. One senator noted local cases where individuals have been jailed for extended periods awaiting revocation resolution and urged the committee to consider retroactivity and fairness in implementation.

At the appropriate time Leader Hatchet moved that HB 535 do pass by committee substitute (LC 492562s); Senator Bearden seconded. The motion passed unanimously and the committee designated Senator Cowser to carry the bill to the floor.

Next steps: the bill advances to the Senate floor with a unanimous committee recommendation.