Section 42-8-70. Definitions; unlawful to use offender for private gain except under certain circumstances; penalties

   (a) As used in this article, the term:

   (1) "Agency" means any private or public agency or organization approved by the court to participate in a community service program.

   (2) "Community service" means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. Such term also means uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled individual, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing.

   (3) "Community service officer" means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer.

(b) Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual.

(c) Subsection (b) of this Code section shall not apply to:

   (1) Services provided by an offender to a disabled person in accordance with paragraph (1) of subsection (c) of Code Section 42-8-72;

   (2) Work on private property because of a natural disaster; or

   (3) An order or direction by the sentencing judge.

(d) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.

Ga. L. 1982, p. 1257, § 1; Code 1981, § 42-8-70, enacted by Ga. L. 1982, p. 1257, § 6; Ga. L. 1983, p. 3, § 31; Ga. L. 1983, p. 1593, § 1; Ga. L. 1991, p. 1302, § 1.