Hill v. State

In Hill v. State, 270 Ga. App. 114, 116-117 (605 SE2d 831) (2004), the Court made clear that the sentencing form must plainly indicate which conditions are general and which are special. Hill, 270 Ga. App. at 118-119 (1). In that case, the trial court stamped the form order with the words "special conditions" beside the pre-printed titles "general conditions of probation" and "other conditions of probation." Id. In this way, the court indicated its "intent that all conditions of probation be considered special conditions... ." Id. A second stamped notification stated that a violation of the special conditions could result in the defendant serving the balance of the sentence in confinement. Id. Thus, the Court held, the preprinted "general conditions" could be considered "special conditions" under the statute but only if the form expressly so provides. As the Court in Hill stated: Since the effective date of the 2001 amendment (July 1, 2001), a trial court must expressly identify special conditions ... and the sentence must provide the probationer with written notice that violation of any special condition authorizes the court to revoke the full balance of probation. Id. at 119 (1).