§ 42-9-45. General Rule-Making Power

The board may adopt and promulgate rules and regulations, not inconsistent with this chapter, touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and bond forfeitures. The rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration for parole of inmates under the jurisdiction of the Department of Corrections shall take place and also the times at which periodic reconsideration thereafter shall take place. Such consideration shall be automatic, and no written or formal application shall be required.
1. An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater.
2. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraphs (3) and (4) of this subsection, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7 and paragraphs (3) and (4) of this subsection, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years.
3. When an inmate was sentenced pursuant to subsection (d) of Code Section 16-13-30 and subsection (c) of Code Section 17-10-7 to a term of at least 12 years and up to a life sentence, he or she may become eligible for consideration for parole if he or she:
  1. Has never been convicted of:
    1. A serious violent felony as such term is defined in Code Section 17-10-6.1;
    2. An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not apply to any felony that became punishable as a misdemeanor on or after July 1, 2006;
    3. A violation of paragraph (1) or (2) of subsection (a) of Code Section 16-5-21;
    4. A violation of Code Section 16-11-106; and
    5. A violation of Code Section 16-11-131;
  2. Has completed at least 12 years of his or her sentence;
  3. Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections;
  4. Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections;
  5. Has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections;
  6. In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and
  7. Has a high school diploma or state approved high school equivalency (HSE) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith based program.
4. When an inmate was sentenced pursuant to subsection (c), (e), or (l) of Code Section 16-13-30 and subsection (c) of Code Section 17-10-7 to a term of at least six years, he or she may become eligible for consideration for parole if he or she:
  1. Has never been convicted of:
    1. A serious violent felony as such term is defined in Code Section 17-10-6.1;
    2. An offense for which he or she was or could have been required to register pursuant to Code Section 42-1-12; provided, however, that this paragraph shall not apply to any felony that became punishable as a misdemeanor on or after July 1, 2006;
    3. A violation of paragraph (1) or (2) of subsection (a) of Code Section 16-5-21;
    4. A violation of Code Section 16-11-106; and
    5. A violation of Code Section 16-11-131;
  2. Has completed at least six years of his or her sentence;
  3. Has obtained a low-risk for recidivism rating as determined by a validated risk assessment instrument approved by the Department of Corrections;
  4. Has been classified as a medium or less than medium security risk for institutional housing classification purposes by the Department of Corrections;
  5. Has completed all criminogenic programming requirements as determined by a validated risk assessment instrument approved by the Department of Corrections;
  6. In the 12 months preceding consideration, has not been found guilty of any serious disciplinary infractions; and
  7. Has a high school diploma or state approved high school equivalency (HSE) diploma, unless he or she is unable to obtain such educational achievement due to a learning disability or illiteracy. If the inmate is incapable of obtaining such education, he or she shall have completed a job skills training program, a literacy program, an adult basic education program, or a faith based program.
The board shall adopt rules and regulations governing the granting of other forms of clemency, which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for the granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute or promulgated by the board shall be made in such manner as the board shall direct by rules and regulations.
All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The courts shall take judicial notice of the rules and regulations.
For the purposes of this Code section, the words “rules and regulations” shall have the same meaning as the word “rule,” as defined in Code Section 50-13-2, except that the words “rules and regulations” shall not be construed to include the terms and conditions prescribed by the board to which a person paroled by the board may be subjected.
Except to correct a patent miscarriage of justice and not otherwise, no inmate serving a sentence imposed for any of the crimes listed in this subsection shall be granted release on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison populations. This subsection shall govern parole actions in sentences imposed for any of the following crimes: voluntary manslaughter, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chapter 14 of Title 16, the “Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.”
No inmate serving a sentence for murder, murder in the second degree, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery shall be released on parole for the purpose of regulating jail or prison populations.
An inmate whose criminal offense or history indicates alcohol or drug involvement shall not be considered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Program offered by the Department of Corrections.
An inmate who has committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1 shall not be released on parole until such inmate has successfully completed a Family Violence Counseling Program offered by the Department of Corrections.

History. Ga. L. 1943, p. 185, § 23; Ga. L. 1964, p. 487, § 1; Ga. L. 1969, p. 948, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1991, p. 94, § 42; Ga. L. 1992, p. 3221, § 10; Ga. L. 1994, p. 1959, § 15; Ga. L. 1995, p. 625, § 3; Ga. L. 1996, p. 1113, § 3; Ga. L. 2014, p. 444, § 2-12/HB 271; Ga. L. 2015, p. 519, § 2-2/HB 328; Ga. L. 2015, p. 693, § 3-32/HB 233; Ga. L. 2016, p. 443, § 9-1/SB 367; Ga. L. 2018, p. 1112, § 42/SB 365; Ga. L. 2022, p. 168, § 9/SB 397.

The 2014 amendment, effective July 1, 2014, inserted “murder in the second degree,” near the beginning of subsection (g).

The 2015 amendments.

The first 2015 amendment, effective July 5, 2015, in subsection (b), inserted paragraph (b)(1) and (b)(2) designations, in paragraph (b)(2), inserted “and paragraph (3) of this subsection” twice, and added paragraph (b)(3). See Editor’s notes for applicability. The second 2015 amendment, effective July 1, 2015, substituted “fines and bond forfeitures” for “fines and forfeitures” at the end of the first sentence of subsection (a).

The 2016 amendment, effective April 27, 2016, twice substituted “paragraphs (3) and (4)” for “paragraph (3)” in paragraph (b)(2); and added paragraph (b)(4). See Editor’s notes for applicability.

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “subsection (a)” for “subsection (b)” in divisions (b)(3)(A)(iii) and (b)(4)(A)(iii).

The 2022 amendment, effective July 1, 2022, substituted “state approved high school equivalency (HSE)” for “general educational development (GED)” in the first sentence in subparagraphs (b)(3)(G) and (b)(4)(G).

Cross references.

Power of board to order adult offender to make restitution to victim as condition of any relief ordered, § 17-14-3 .

Power of board to grant parole prior to completion of one-third of sentence if restitution to victim is ordered as condition of parole, § 17-14-4 .

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1995, the subsection originally designated as subsection (g) in the 1995 amendment was redesignated as subsection (h), owing to the fact that this Code section already contained a subsection (g).

Editor’s notes.

Ga. L. 1994, p. 1959, § 18, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 1995, upon ratification by the voters of this state at the 1994 November general election of that proposed amendment to Article IV, Section II, Paragraph II of the Constitution authorizing the General Assembly to provide for mandatory minimum sentences and sentences of life without possibility of parole in certain cases and providing restrictions on the authority of the State Board of Pardons and Paroles to grant paroles. . . .” That amendment was ratified by the voters on November 8, 1994, so this Code section, as set out above, became effective on January 1, 1995.

Ga. L. 1994, p. 1959, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Sentence Reform Act of 1994.’ ”

Ga. L. 1994, p. 1959, § 2, not codified by the General Assembly, provides: “The General Assembly declares and finds:

“(1) That persons who are convicted of certain serious violent felonies shall serve minimum terms of imprisonment which shall not be suspended, probated, stayed, deferred, or otherwise withheld by the sentencing judge; and

“(2) That sentences ordered by courts in cases of certain serious violent felonies shall be served in their entirety and shall not be reduced by parole or by any earned time, early release, work release, or other such sentence-reducing measures administered by the Department of Corrections.”

Ga. L. 1994, p. 1959, § 16, not codified by the General Assembly, provides: “The provisions of this Act shall apply only to those offenses committed on or after the effective date of this Act; provided, however, that any conviction occurring prior to, on, or after the effective date of this Act shall be deemed a ‘conviction’ for the purposes of this Act and shall be counted in determining the appropriate sentence to be imposed for any offense committed on or after the effective date of this Act.”

Ga. L. 1994, p. 1959, § 17, not codified by the General Assembly, provides for severability.

Ga. L. 1998, p. 180, § 1, not codified by the General Assembly, provides: “The General Assembly declares and finds: (1) That the ‘Sentence Reform Act of 1994,’ approved April 20, 1994 (Ga. L. 1994, p. 1959), provided that persons convicted of one of seven serious violent felonies shall serve minimum mandatory terms of imprisonment which shall not otherwise be suspended, stayed, probated, deferred, or withheld by the sentencing court; (2) That in State v. Allmond , 225 Ga. App. 509 (1997), the Georgia Court of Appeals held, notwithstanding the ‘Sentence Reform Act of 1994,’ that the provisions of the First Offender Act would still be available to the sentencing court, which would mean that a person who committed a serious violent felony could be sentenced to less than the minimum mandatory ten-year sentence; and (3) That, contrary to the decision in State v. Allmond , it is the expressed intent of the General Assembly that persons who commit a serious violent felony specified in the ‘Sentence Reform Act of 1994’ shall be sentenced to a mandatory term of imprisonment of not less than ten years and shall not be eligible for first offender treatment.”

Ga. L. 2015, p. 519, § 2-2(b)/HB 328, not codified by the General Assembly, provides, in part, that this Act shall be given retroactive effect to those sentences imposed before May 5, 2015, of Part II of this Act.”

Ga. L. 2016, p. 443, § 14-1/SB 367, not codified by the General Assembly, provides, in part, that the provisions of Part IX of this Act shall be given retroactive effect to those sentences imposed before the effective date of Part IX of this Act (April 27, 2016).

Law reviews.

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 159 (1994).

For article, “Garner v. Jones: Restricting Prisoners’ Ex Post Facto Challenges to Changes in Parole Systems,” see 52 Mercer L. Rev. 761 (2001).

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).

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