O.C.G.A.

O.C.G.A. § 42-7-6 (2019)

Notification of State Board of Pardons and Paroles

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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After receipt of the reports and recommendations provided for by

subsection (a) of Code Section 42-7-4 and the commissioner or his designee has determined whether or not an individual shall receive youthful offender treatment, the State Board of Pardons and Paroles shall be notified.

History

Code 1981, § 42-7-6, enacted by Ga. L. 1985, p. 420, § 1.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, annotations decided under former Chapter 7 of this title, relating to the powers and duties of the former Youthful Offender Division of the Department of Offender Rehabilitation (now Department of Corrections) are included in the annotations for this Code section). See the Editor’s notes under the Chapter 7 heading. Limiting duration of sentence. - Sentencing court does not have the au-

thority to limit the duration of the sentence to less than six years, and a sentence for an indefinite period not to exceed three years is therefore void. DeFrancis v. Thompson, 239 Ga. 785, 239 S.E.2d 14, 1977 Ga. LEXIS 1328 (1977) (decided under former law).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions were rendered under former Chapter 7 of this title, relating to the powers and duties of the former Youthful Offender Division of the Department of Offender Rehabilitation (now Department of Corrections) are included in the annotations for this Code section. See the Editor’s notes under the Chapter 7 heading. Complete discretion in granting a conditional or unconditional release was given to the administrators of this former chapter within the time limits

specified by the former chapter. Language in a sentence which would either delay release for a stated period or order it to be granted within a shorter period than that described in Ga. L. 1972, p. 592 would not be binding on the Youthful Offender Division, but would only have the effect of a recommendation; thus, an individual sentenced to serve one year under the former chapter could lawfully remain in the physical custody of the division for a period greater or less than one year. 1973 Op. Att’y Gen. No. U73-60 (decided under former law).