O.C.G.A. § 42-8-130 (2019)

Annotations

Editor’s notes. Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, pro-

vides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.” Law reviews. For article on the 2015 repeal of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

ARTICLE 9 PROBATION MANAGEMENT Editor’s notes. The former article also pertained to probation management and was repealed on its own terms, effective June 30, 2008. The former article consisted of Code Sec-

tions 42-8-150 through 42-8-160 and was based on Code 1981, §§ 42-8-150 through 42-8-160, enacted by Ga. L. 2004, p. 775, § 7; Ga. L. 2005, p. 60, § 42/HB 95; Ga. L. 2006, p. 425, § 2/HB 692.

42-8-150 through 42-8-159. [Repealed]. History. Code 1981, §§ 42-8-150 through 42-8159, enacted by Ga. L. 2009, p. 32, § 1/SB 24; repealed by Ga. L. 2015, p. 422, § 1/HB 310, effective July 1, 2015. Editor’s notes. Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, pro-

vides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.” Law reviews. For article on the 2015 repeal of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

CHAPTER 9 PARDONS AND PAROLES Sec.

Article 1 General Provisions Sec.

Declaration of legislative policy. Creation of board. Definitions. Appointments to board when Senate not in session. Compensation of board members. Board chairman. Board quorum. Official board seal. Board employees; “disability” defined; awarding of badges. Assistance to law enforcement, correctional, or homeland security agencies; conferring powers of law enforcement officers by the board. Legal adviser of board. Office quarters for board; supplies and equipment. Appointment of replacement for incapacitated member; calling of appointing council by Governor; immunity of council from civil or criminal liability. Reinstatement of incapacitated member upon recovery. Removal of board members for cause. Conflicts of interest by members or employees of board. Persons permitted to appear or practice before board for remuneration generally. Appearance before board by members of General Assembly or other elected or appointed officials on behalf of persons under the jurisdiction of the board.

Maintenance of records of persons contacting members of board on behalf of inmates. Annual report of board. General duties of board. Public access to information regarding paroled felons residing within state. Supervision of persons placed on parole or other conditional release; contracts for services and programs; collection of sums for restitution. [Repealed] Compensation of board employee injured by inmate or parolee. Construction of chapter. Article 2

Grants of Pardons, Paroles, and Other Relief

Restrictions on relief for person serving a second life sentence. Parole guidelines system. Duty of board to obtain and place in records information respecting persons subject to relief or placed on probation; investigations; rules. Procedure for granting relief from sentence; conditions and prerequisites; public access to information; violation of parole. Use of HIV test results in granting relief from sentence; conditions. Information to be considered by board generally; conduct of investigation and examination; determination as to grant of relief. Citizenship status of prisoner; deportation. Terms and conditions of pa-

Sec. role; 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. 42-9-44.1 and 42-9-44.2. [Repealed]. Definitions; required community service; liability; work during periods of natural disaster. General rule-making power. Cases in which inmate has failed to serve time required for automatic initial consideration; objections. Notification of decision to parole inmate. Arrest of parolee or conditional release violator. Reimbursement of counties for incarceration of persons arrested in accordance with Code Section 42-9-48. Preliminary hearing for parole or conditional release violator; ratification or overruling of decision of hearing officer by board; disposition of violator. Final hearing for parole or conditional release violator; order and statement as to disposition of violator; revocations without hearing and temporary revocations. Discharge from parole; earned-time allowance; granting of pardons, commutations, and remissions of fines, forfeitures, or penalties. Preservation of documents; classification of information and documents; divulgence of confidential state secrets; conduct of hearings.

Law reviews. For note, “Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Re-

Sec.

Effect of pardons upon civil and political disabilities; conditional pardons prohibited. Cooperation by jails or correctional institutions with board. Restriction on Governor’s powers. Effect of chapter on probation power of courts; cooperation by board with the department. Effect of chapter on other laws respecting parole and probation. Effect of chapter on previously granted pardons, paroles, and probations. Overcrowding of prison system as creating state of emergency; paroling inmates to reduce prison system population to capacity; annual report of inmates paroled. Request for report; disclosure’s impact on confidentiality. Article 3

Uniform Act for Out-of-State Parolee Supervision 42-9-70 and 42-9-71. [Repealed]. Article 4 Interstate Compact for Adult Offender Supervision

Short title. Execution of compact. Powers of Governor with respect to compact. Article 5 Fees

Application fee required for transfer consideration.

striction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector,” see 52 Ga. L. Rev. 267 (2017).

RESEARCH REFERENCES ALR. Judicial investigation of pardon by governor, 101 A.L.R.6th 431.

ARTICLE 1 GENERAL PROVISIONS