§ 42-9-42. Procedure for granting relief from sentence; conditions and prerequisites; public access to information; violation of parole.

CODE OF GEORGIA

Title 42. PENAL INSTITUTIONS

Chapter 9. PARDONS AND PAROLES

Article 2. GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF

Current through 2019-2020 Chapter 609

§ 42-9-42. Procedure for granting relief from sentence; conditions and prerequisites; public access to information; violation of parole

(a) 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.
(b)
(1) As used in this subsection, the term "serious offense" means:
(A) A serious violent felony as such term is defined in Code Section 17-10-6.1 ; or
(B) A felony offense of:
(i) False imprisonment in violation of Code Section 16-5-41 when the victim is not the child of the accused and the victim is less than 14 years of age;
(ii) Aggravated assault in violation of Code Section 16-5-21 ;
(iii) Aggravated battery in violation of Code Section 16-5-24 ;
(iv) Trafficking of persons for labor or sexual servitude in violation of Code Section 16-5-46 ;
(v) Cruelty to children in violation of Code Section 16-5-70 ;
(vi) Stalking in violation of Code Section 16-5-90 ;
(vii) Aggravated stalking in violation of Code Section 16-5-91 ;
(viii) Exploitation and intimidation of disabled adults, elder persons, and residents in violation of Code Section 16-5-102 ;
(ix) Sodomy in violation of Code Section 16-6-2 ;
(x) Statutory rape in violation of Code Section 16-6-3 ;
(xi) Child molestation in violation of Code Section 16-6-4 ;
(xii) Enticing a child for indecent purposes in violation of Code Section 16-6-5 ;
(xiii) Sexual assault of certain persons in violation of Code Section 16-6-5.1 ;
(xiv) Incest in violation of Code Section 16-6-22 ;
(xv) Sexual battery in violation of Code Section 16-6-22.1 ;
(xvi) Burglary in violation of Code Section 16-7-1 ;
(xvii) Home invasion in violation of Code Section 16-7-5 ;
(xviii) Arson in violation of Code Section 16-7-60 ;
(xix) Possession, manufacture, transport, distribution, possession with the intent to distribute, or offering to distribute an explosive device in violation of Code Section 16-7-82 ;
(xx) Possessing, transporting, or receiving explosives or destructive devices with the intent to kill, injure, or intimidate individuals or destroy public buildings in violation of Code Section 16-7-88 ;
(xxi) Theft by receiving stolen property in violation of Code Section 16-8-7 ;
(xxii) Robbery in violation of Code Section 16-8-40 ;
(xxiii) Sexual exploitation of children in violation of Code Section 16-12-100 ;
(xxiv) Drug related objects in violation of Code Section 16-13-1 ;
(xxv) Approval by the federal Food and Drug Administration as prerequisite to certain sales in violation of Code Section 16-13-4 ;
(xxvi) Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana in violation of Code Section 16-13-30 ;
(xxvii) Licenses for sale, transfer, or purchase for resale of products containing pseudoephedrine; reporting and record-keeping requirements in violation of Code Section 16-13-30.4 ;
(xxviii) Possession of substances with intent to use or convey such substances for the manufacture of Schedule I or Schedule II controlled substances in violation of Code Section 16-13-30.5 ;
(xxix) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine in violation of Code Section 16-13-31 ;
(xxx) Trafficking in ecstasy in violation of Code Section 16-13-31.1 ;
(xxxi) Transactions in drug related objects in violation of Code Section 16-13-32 ;
(xxxii) Transactions in drug related objects in violation of Code Section 16-13-32.1 ;
(xxxiii) Use of a communication facility in committing or facilitating commission of an act which constitutes a felony in violation of Code Section 16-13-32.3 ;
(xxxiv) Manufacturing, distributing, dispensing, or possessing controlled substances in, on, or near public or private schools in violation of Code Section 16-13-32.4 ;
(xxxv) Manufacturing, distributing, dispensing, or possessing controlled substances, marijuana, or counterfeit substances near a park or housing project in violation of Code Section 16-13-32.5 ;
(xxxvi) Manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within a drug-free commercial zone in violation of Code Section 16-13-32.6 ;
(xxxvii) Unauthorized distribution and dispensation of a controlled substance in violation of Code Section 16-13-42 ;
(xxxviii) Unauthorized distribution of a controlled substance in violation of Code Section 16-13-43 ;
(xxxix) A violation of Article 3 of Chapter 13 of Title 16 involving dangerous drugs;
(xl) A violation of Chapter 14 of Title 16 involving racketeer influenced and corrupt organizations; or
(xli) Participating in gang activity in violation of Code Section 16-15-4.
(2) A grant of pardon, parole, or other relief from sentence shall be rendered only by a written decision which shall be signed by at least the number of board members required for the relief granted and which shall become a part of such individual's permanent record.
(3) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, a written decision relating to a pardon for a serious offense or commutation of a death sentence shall:
(A) Include the board's findings which reflect the board's consideration of the evidence offered that supports the board's decision; and
(B) Be available for public inspection.
(c) Good conduct, achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his or her favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he or she is so released, he or she will live and conduct himself or herself as a respectable and law-abiding person and that his or her release will be compatible with his or her own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he or she will be suitably employed in self-sustaining employment or that he or she will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discretion, grant pardon or parole to any aged or disabled persons.
(d)
(1) Any person who is paroled shall be released on such terms and conditions as the board shall prescribe, and if he or she is serving a split sentence, the board's conditions shall include all of the terms of probation imposed by the sentencing court. The board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. The parolee shall remain in the legal custody of the board until the expiration of the maximum term specified in his or her sentence, he or she is pardoned by the board, or his or her supervision is terminated as provided in Code Section 42-9-52.
(2) The board may require the payment of a parole supervision fee of at least $10.00 per month as a condition of parole or conditional release. The monthly amount shall be set by rule of the board and shall be uniform state wide. Such fees shall be collected by the department to be paid into the general fund of the state treasury.
(e) If a parolee or conditional releasee violates the terms of his or her parole or conditional release, he or she shall be subject to rearrest or extradition for placement in the actual custody of the board, to be redelivered to any state or county correctional institution of this state or placed in any other Department of Corrections facility, including a probation detention center, not to exceed 180 days, or in a residential substance abuse treatment facility, as such term is defined in Code Section 42-8-111, as deemed appropriate by the board. Nothing in this subsection shall be construed to limit or restrict the authority of the commissioner of corrections in making custodial assignments.

Cite as OCGA § 42-9-42

History. Amended by 2017 Ga. Laws 226, §2-10, eff. 7/1/2017.

Amended by 2015 Ga. Laws 73, §5-86, eff. 7/1/2015.

Amended by 2015 Ga. Laws 43, §3, eff. 7/1/2015.