What is BID date in Georgia?
A BID is a “behavioral incentive date,” aka a “BID date.” This is a relatively new development in Georgia law, becoming law on July 1, 2017. Now, under OCGA § 17-10-1(a)(1)(B), whenever someone is sentenced for a first-ever felony conviction, the court must set a behavioral incentive date (aka a “BID date”).
In other words a BID date is a date which must be included in all sentences for first felony convictions (so long as the sentence was either for straight probation or a sentence of probation and a sentence of incarceration that is not more than 12 months.). Once this date is reached, the Court must terminate the probation and sentence.
The law states that, “Within 60 days of the expiration of such incentive date…[Probation] shall provide the court with an order to terminate such defendant's probation which the court shall execute unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order.”
This means the Court has to sign the order terminating your probation, “within 60 days of the expiration” of the BID date. (There are, however, exceptions. See below).
Who is Eligible to Get a BID date?
It must be for a first felony conviction. And, the sentence must have either been: (1) straight probation (no time to serve in jail); or (2) a split sentence (meaning a sentence of both probation and jail time) where the jail time portion is “not more than 12 months” in length.
Do I have to be Sentenced under the First Offender Act to be Eligible for a BID date?
No. There is no requirement that you be sentenced under the First Offender Act in order to be eligible for a BID date.
Can a Judge Refuse to Provide a BID date?
No! The Court MUST give you a BID date so long as your sentence meets two criteria: (1) it is your first felony conviction; and (2) you got a sentence of either straight probation or less than 12 months to serve in jail.
Can I get a BID date if I get a Sentence of Jail Time?
Yes. For some reason, many websites incorrectly claim that split sentences are not eligible for a BID date. This is not correct. You are definitely still eligible for a BID date even if you get a sentence of some jail time – so long as your jail sentence does not exceed 12 months.
The text of the law states clearly:
“When a defendant with no prior felony conviction.. is sentenced … and the court imposes a sentence of probation or not more than 12 months of imprisonment followed by a term of probation, the court shall include a behavioral incentive date in its sentencing order.…”
OCGA § 17-10-1(a)(1)(B)(i).
In short, you can still get a BID date even if you are sentenced to jail time – so long as that jail time does not exceed 12 months.
What if I was sentenced for a first felony prior to the July 1, 2017 – can I still get a BID retroactively?
Yes. The BID date law is retroactive.
Even if your conviction for a first felony was prior to July 1, 2017, you still qualify for the BID date. OCGA § 17–10–1(a)(1)(B)(ii) states:
This subparagraph is intended to be retroactive and shall be applied to any case in which a person with no prior felony conviction was convicted of felony offenses or was charged with felony offenses and was sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42, and the court imposed a sentence of probation or a sentence of not more than 12 months of imprisonment followed by a term of probation. A behavioral incentive date shall as a matter of law be included in the sentencing order, but in a case where it was not, the behavioral incentive date shall be three years from the date such sentence was imposed.
In other words, even if you never got a BID date, you can come back to court and insist that your probation be terminated if 36 months have passed since you were sentenced.
Once the BID date has passed, does the Court have to Sign the Order Terminating Probation?
Yes, but there are exceptions. The exceptions are: (1) if you have not paid all owed restitution; (2) if you have had your probation revoked in the last 24 months; (3) if you have been arrested for anything other than a nonserious traffic offense; or (4) if the prosecuting attorney “requests a hearing” on your BID date termination.
What is the actual text of the BID date law?
The law can be found at OCGA § 17–10–1(a)(1)(B). It states:
(i) When a defendant with no prior felony conviction is convicted of felony offenses or is charged with felony offenses and is sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42, and the court imposes a sentence of probation or not more than 12 months of imprisonment followed by a term of probation, the court shall include a behavioral incentive date in its sentencing order that does not exceed three years from the date such sentence is imposed. Within 60 days of the expiration of such incentive date…[Probation] shall provide the court with an order to terminate such defendant's probation which the court shall execute unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order…
(ii) This subparagraph is intended to be retroactive and shall be applied to any case in which a person with no prior felony conviction was convicted of felony offenses or was charged with felony offenses and was sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42, and the court imposed a sentence of probation or a sentence of not more than 12 months of imprisonment followed by a term of probation. A behavioral incentive date shall as a matter of law be included in the sentencing order, but in a case where it was not, the behavioral incentive date shall be three years from the date such sentence was imposed.