Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 42-9-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-9-40 Case Law from Google Scholar Amendments to OCGA 42-9-40

TITLE 42 PENAL INSTITUTIONS

Section 9. Pardons and Paroles, 42-9-1 through 42-9-90.

ARTICLE 2 GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF

42-9-40. Parole guidelines system.

  1. The board shall adopt, implement, and maintain a parole guidelines system for determining parole action. The guidelines system shall be used in determining parole actions on all inmates, except those serving life sentences, who will become statutorily eligible for parole consideration. The system shall be consistent with the board's primary goal of protecting society and shall take into consideration the severity of the current offense, the inmate's prior criminal history, the inmate's conduct, and the social factors which the board has found to have value in predicting the probability of further criminal behavior and successful adjustment under parole supervision.
  2. The guidelines system required by subsection (a) of this Code section shall be adopted by rules or regulations of the board. The rules or regulations shall be adopted in conformity with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Ga. L. 1980, p. 404, § 1.)

Law reviews.

- For article critically analyzing the adoption of determinate-based sentencing, see 17 Ga. L. Rev. 425 (1983).

JUDICIAL DECISIONS

Release is not mandated.

- O.C.G.A. § 42-9-42(c) must be read as a qualification of O.C.G.A. § 42-9-40, the provision requiring adoption of the parole guideline system. Although the legislature has required the Board of Pardon and Paroles to adopt a guideline system to be used as a framework for making more consistent parole decisions, it also preserved the Board's authority to use the Board's discretion in making final parole decisions. The statute and regulations, therefore, do not mandate that release be granted if the guidelines criteria is met. Sultenfuss v. Snow, 35 F.3d 1494 (11th Cir. 1994), cert. denied, 513 U.S. 1191, 115 S. Ct. 1254, 131 L. Ed. 2d 134 (1995).

Role of board in denying parole.

- Plaintiff's contention that the Georgia Parole Board was not vested with the discretion to deny parole was specious in light of O.C.G.A. § 42-9-40. Toenniges v. Ga. Dep't of Corr., F. Supp. 2d (M.D. Ga. May 26, 2010).

Mandamus not available to compel change in parole date.

- Setting of a tentative parole month was a discretionary act of the state parole board and mandamus did not lie to compel the board to reinstate a former tentative date. Vargas v. Morris, 266 Ga. 141, 465 S.E.2d 275 (1996), cert. denied, 517 U.S. 1108, 116 S. Ct. 1329, 134 L. Ed. 2d 480 (1996).

Even though the State Pardons and Paroles Board was required to adopt a parole guideline system on all inmates who would become eligible for parole, except for inmates serving life sentences, the board was not obligated to grant parole to a prisoner at the earliest date parole had to be considered as the issue of whether to grant parole was a discretionary matter entrusted to the board; thus, the prisoner's petition for a writ of mandamus to compel parole at an earlier time should have been denied. Ray v. Carthen, 275 Ga. 459, 569 S.E.2d 542 (2002).

Cited in Terry v. Hamrick, 284 Ga. 24, 663 S.E.2d 256 (2008); Bradshaw v. State, 284 Ga. 675, 671 S.E.2d 485 (2008).

RESEARCH REFERENCES

ALR.

- Validity of statutes prohibiting or restricting parole, probation, or suspension of sentence in cases of violent crimes, 100 A.L.R.3d 431.

Cases Citing Georgia Code 42-9-40 From Courtlistener.com

Total Results: 13

Allen v. State

Court: Supreme Court of Georgia | Date Filed: 2024-05-29

Snippet: thirteen years. See OCGA § 16-5-2 (a); OCGA § 42-9-40; Ga. Comp. R. & Regs., r. 475-3-.05 (10). Of

Gomez v. State

Court: Supreme Court of Georgia | Date Filed: 2017-02-27

Citation: 300 Ga. 571, 797 S.E.2d 478, 2017 WL 768227, 2017 Ga. LEXIS 82

Snippet: writing gang insignias on his shoes. See OCGA §§ 42-9-40, 42-9-43. The trial court was authorized to

Manley v. State

Court: Supreme Court of Georgia | Date Filed: 2010-04-09

Citation: 698 S.E.2d 301, 287 Ga. 338, 2010 Fulton County D. Rep. 2748, 2010 Ga. LEXIS 317

Snippet: see, e.g., OCGA §§ 17-10-6.1, 17-10-7, 42-9-39, 42-9-40, and because the Board of Pardons and Paroles is

Mikell v. State

Court: Supreme Court of Georgia | Date Filed: 2010-02-01

Citation: 689 S.E.2d 286, 286 Ga. 434, 2010 Fulton County D. Rep. 253, 2010 Ga. LEXIS 111

Snippet: see, e.g., OCGA §§ 17-10-6.1, 17-10-7, 42-9-39, 42-9-40, and because the Board of Pardons and Paroles is

Bradshaw v. State

Court: Supreme Court of Georgia | Date Filed: 2008-11-25

Citation: 671 S.E.2d 485, 284 Ga. 675, 2008 Fulton County D. Rep. 3868, 2008 Ga. LEXIS 1022

Snippet: establish and use a parole guidelines system (OCGA §§ 42-9-40 (a); 42-9-42 (c)), nothing in the applicable statutes

Terry v. Hamrick

Court: Supreme Court of Georgia | Date Filed: 2008-06-30

Citation: 663 S.E.2d 256, 284 Ga. 24, 2008 Fulton County D. Rep. 2181, 2008 Ga. LEXIS 548

Snippet: the terms and conditions of paroles. See OCGA §§ 42-9-40, 42-9-44. See also Stephens v. State, 207 Ga. App

Ray v. Carthen

Court: Supreme Court of Georgia | Date Filed: 2002-09-16

Citation: 275 Ga. 459, 569 S.E.2d 542, 2002 Fulton County D. Rep. 2676, 2002 Ga. LEXIS 634

Snippet: except for inmates serving life sentences. OCGA § 42-9-40. Pursuant to that legislative mandate, the Board

Daker v. Ray

Court: Supreme Court of Georgia | Date Filed: 2002-04-29

Citation: 563 S.E.2d 429, 275 Ga. 205, 2002 Fulton County D. Rep. 1297, 2002 Ga. LEXIS 368

Snippet: strictly to the parole guidelines mandated by OCGA § 42-9-40. The trial court found no justiciable issue of

Massey v. Georgia Board of Pardons & Paroles

Court: Supreme Court of Georgia | Date Filed: 2002-04-15

Citation: 275 Ga. 127, 562 S.E.2d 172, 2002 Fulton County D. Rep. 1172, 2002 Ga. LEXIS 322

Snippet: its primary goal of protecting society (OCGA § 42-9-40 (a)), it is not an arbitrary, capricious, and unreasonable

Johnson v. Griffin

Court: Supreme Court of Georgia | Date Filed: 2001-01-08

Citation: 273 Ga. 322, 540 S.E.2d 189

Snippet: In that petition, Griffin asserted that OCGA §§ 42-9-40 and 42-9-45 were “unconstitutional statutes that

Hamm v. Ray

Court: Supreme Court of Georgia | Date Filed: 2000-05-30

Citation: 531 S.E.2d 91, 272 Ga. 659, 2000 Fulton County D. Rep. 2045, 2000 Ga. LEXIS 418

Snippet: of paroled prisoners. OCGA §§ 42-9-20, 42-9-21, 42-9-40. This includes the determination of an inmate’s

Johnson v. Griffin

Court: Supreme Court of Georgia | Date Filed: 1999-10-18

Citation: 522 S.E.2d 657, 271 Ga. 663, 99 Fulton County D. Rep. 3805, 1999 Ga. LEXIS 968

Snippet: guilty pleas, and unconstitutionality of OCGA §§ 42-9-40 and 42-9-45 in that the statutes grant the Parole

Vargas v. Morris

Court: Supreme Court of Georgia | Date Filed: 1996-01-08

Citation: 465 S.E.2d 275, 266 Ga. 141, 96 Fulton County D. Rep. 174, 1996 Ga. LEXIS 8

Snippet: guidelines system in determining parole action. OCGA § 42-9-40(a). Pursuant to that statutory authority, the board