Pitts v. State

In Pitts v. State, 206 Ga. App. 635, 637 (3) (426 SE2d 257) (1992), the Court considered whether a trial court could include as a condition of probation that the defendant serve 48 months of "continuous and uninterrupted incarceration in the Colquitt County Correctional Institution." The Court held that incarceration was not a permissible special condition of probation, because by definition probation is an alternative to continuous confinement. A sentence of "incarceration" denotes a continuous period of confinement in a jail or penitentiary uninterrupted by periods of freedom, whereas a sentence to be served on "probation" denotes a limitation of freedom short of requiring the service of a continuous and uninterrupted period of confinement in a jail or penitentiary. A defendant sentenced to serve a continuous and uninterrupted period of confinement in a jail or penitentiary is "incarcerated." A defendant sentenced to undergo other forms of confinement is on "probation." Id.