§ 42-9-50. Preliminary Hearing for Parole or Conditional Release Violator; Ratification or Overruling of Decision of Hearing Officer by Board; Disposition of Violator
Whenever a parolee or conditional releasee is arrested on a warrant issued by a member of the board for an alleged violation of parole or conditional release, an informal preliminary hearing in the nature of a court of inquiry shall be held at or near the place of the alleged violation. However, a preliminary hearing […]
§ 42-9-51. Final Hearing for Parole or Conditional Release Violator; Order and Statement as to Disposition of Violator; Revocations Without Hearing and Temporary Revocations
A parolee who has allegedly violated the terms of his parole or conditional release shall, except as otherwise provided in this subsection, have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall […]
§ 42-9-52. Discharge From Parole; Earned-Time Allowance; Granting of Pardons, Commutations, and Remissions of Fines, Forfeitures, or Penalties
No person who has been placed on parole shall be discharged therefrom by the board prior to the expiration of the term for which he or she was sentenced or until he or she shall have been duly pardoned or otherwise released as provided in this Code section or as otherwise provided by law. The […]
§ 42-9-53. Preservation of Documents; Classification of Information and Documents; Divulgence of Confidential State Secrets; Conduct of Hearings
Subject to other laws, the board shall preserve on file all documents on which it has acted in the granting of pardons, paroles, conditional releases, and other relief. All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all reports, files, records, […]
§ 42-9-41. Duty of Board to Obtain and Place in Records Information Respecting Persons Subject to Relief or Placed on Probation; Investigations; Rules
It shall be the duty of the board to obtain and place in its permanent records information as complete as may be practicable on every person who may become subject to any relief which may be within the power of the board to grant. The information shall be obtained as soon as possible after imposition […]
§ 42-9-42. Procedure for Granting Relief From Sentence; Conditions and Prerequisites; Public Access to Information; Violation of Parole
No person shall be granted clemency, pardon, parole, or other relief from sentence except by a majority vote of the board. A majority of the members of the board may commute a death sentence to life imprisonment, as provided in Code Section 42-9-20. As used in this subsection, the term “serious offense” means: A serious […]
§ 42-9-42.1. Use of Hiv Test Results in Granting Relief From Sentence; Conditions
Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. The board is authorized to obtain from any penal institution, with at least 60 days prior notice to that institution, and any such penal institution is authorized to provide the […]
§ 42-9-43. Information to Be Considered by Board Generally; Conduct of Investigation and Examination; Determination as to Grant of Relief
The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be: A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct […]
§ 42-9-43.1. Citizenship Status of Prisoner; Deportation
In determining whether to grant parole the board shall be authorized to make inquiry into whether the prisoner is lawfully present in the United States under federal law. If the board determines that the prisoner is not lawfully present in the United States, the board shall be authorized to make inquiry into whether the prisoner […]
§ 42-9-44. Terms and Conditions of Parole; Adoption of General and Special Rules; Violation of Parole; Certain Parolees or Releasees to Obtain High School Diploma or State Approved High School Equivalency (Hse) Diploma
The board, upon placing a person on parole or conditional release, shall specify in writing the terms and conditions thereof, and if such person is serving a split sentence, the board’s conditions shall include all of the terms of probation imposed by the sentencing court. A certified copy of the conditions shall be given to […]