§ 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 […]
§ 42-9-16. Persons Permitted to Appear or Practice Before Board for Remuneration Generally
Only duly licensed attorneys who are active members in good standing of the State Bar of Georgia shall be permitted to appear or practice in any matter before the board for a fee, money, or other remuneration. Any person who pays or receives any fee, money, or other remuneration in violation of subsection (a) of […]
§ 42-9-44.3. Definitions; Required Community Service; Liability; Work During Periods of Natural Disaster
As used in this Code section, the term: “Agency employee” means an employee or agent of a community service agency, whether the individual is a paid or unpaid employee or agent. “Community service” means uncompensated work by an offender with a community service agency for the benefit of the community pursuant to a directive of […]
§ 42-9-17. Appearance Before Board by Members of General Assembly or Other Elected or Appointed Officials on Behalf of Persons Under the Jurisdiction of the Board
It shall be unlawful for members of the General Assembly or any other state elected or appointed official to accept any compensation for appearing before the board in behalf of a person under the jurisdiction of the board and for seeking a decision on behalf of the person. Nothing in this Code section shall be […]
§ 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 […]
§ 42-9-3. Definitions
As used in this chapter, the term: “Board” means the State Board of Pardons and Paroles. “Community supervision officer” means a person who supervises probationers or parolees for the department. “Department” means the Department of Community Supervision. “Split sentence” means any felony sentence that includes a term of imprisonment followed by a term of probation. […]