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

42-9-44. Terms and conditions of parole; adoption of general and special rules; violation of parole; certain parolees or releasees to obtain high school diploma or general educational development (GED) 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 the parolee or conditional releasee. Thereafter, a copy shall be sent to the clerk of the court in which the person was convicted. The board shall adopt general rules concerning the terms and conditions of parole or conditional release and concerning what shall constitute a violation thereof and shall make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee or conditional releasee shall not leave this state or any definite area in this state without the consent of the board; that the parolee or conditional releasee shall contribute to the support of his or her dependents to the best of the parolee's or conditional releasee's ability; that the parolee or conditional releasee shall make reparation or restitution for his or her crime; that the parolee or conditional releasee shall abandon evil associates and ways; and that the parolee or conditional releasee shall carry out the instructions of his or her community supervision officer, and, in general, so comport himself or herself as the community supervision officer shall determine. A violation of the terms of parole or conditional release may render the parolee or conditional releasee liable to arrest and a return to a penal institution to serve out the term for which the parolee or conditional releasee was sentenced.
Each parolee or conditional releasee who does not have a high school diploma or a general educational development (GED) diploma shall be required as a condition of parole or conditional release to obtain a high school diploma or general educational development (GED) diploma or to pursue a trade at a vocational or technical school. Any such parolee or conditional releasee who demonstrates to the satisfaction of the board an existing ability or skill which does in fact actually furnish the parolee or conditional releasee a reliable, regular, and sufficient income shall not be subject to this subsection. Any parolee or conditional releasee who is determined by the department or the board to be incapable of completing such requirements shall only be required to attempt to improve his or her basic educational skills. Failure of any parolee or conditional releasee subject to this requirement to attend the necessary schools or courses or to make reasonable progress toward fulfillment of such requirement shall be grounds for revocation of parole or conditional release. The board shall establish regulations regarding reasonable progress as required by this subsection.

(Ga. L. 1943, p. 185, § 15; Ga. L. 1995, p. 625, § 2; Ga. L. 2015, p. 422, § 5-87/HB 310; Ga. L. 2017, p. 585, § 2-12/SB 174.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "community supervision officer" for "parole supervisor" and "officer" for "supervisor" near the end; in subsection (b), substituted "(GED) diploma" for "equivalency diploma (GED)" twice, and, in the second sentence, substituted "department" for "Department of Corrections" and substituted "his or her basic educational skills" for "their basic educational skills". See Editor's notes for applicability.

The 2017 amendment, effective July 1, 2017, inserted "or conditional release", "or conditional releasee", and "or conditional releasee's" throughout this Code section; in subsection (a), added ", 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" near the end of the first sentence and substituted "community supervision officer" for "parolee's officer" in the next to last sentence; and, in subsection (b), substituted "subsection" for "provision" at the end of the second sentence and deleted the former last sentence, which read: "This subsection shall apply to paroles granted on or after July 1, 1995."

Cross references.

- Requirement of restitution by criminal offender as condition of relief generally, § 17-14-3.

Granting by State Board of Pardons and Paroles of parole conditioned on restitution prior to completion of one-third of sentence, § 17-14-4.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides 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 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017). For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 301 (1995).

JUDICIAL DECISIONS

Board control over prisoner.

- When, after a prisoner has served the minimum term provided in a felony sentence, the board releases a prisoner under certain conditions and permits the prisoner to serve the remainder of the prisoner's maximum sentence outside of prison, and the prisoner violates the conditions imposed, the board may revoke the release and return the prisoner to the penitentiary to serve the remainder of the prisoner's maximum sentence. Crider v. Balkcom, 204 Ga. 480, 50 S.E.2d 321 (1948) (decided under former Code 1933, § 27-2502 (see § 17-10-1)).

Ga. L. 1943, p. 185, §§ 13 and 15 (see now O.C.G.A. §§ 42-9-42 and § 42-9-44) give the board control over the prisoner until expiration of the prisoner's maximum term and the power to revoke a parole and remand a parolee into custody to serve the maximum term of the parolee's sentence. Balkcom v. Sellers, 219 Ga. 662, 135 S.E.2d 414 (1964).

Habeas court erroneously addressed a defendant's challenge to a parole condition that banned the defendant from all counties in the State of Georgia but one as the habeas court's attempt to control the parole condition was a violation of the constitutional provision regarding the separation of powers since the Board of Pardons and Paroles had executive power regarding the terms and conditions of paroles. Terry v. Hamrick, 284 Ga. 24, 663 S.E.2d 256 (2008), cert. denied, 129 S. Ct. 510, 172 L. Ed. 2d 375 (2008).

OPINIONS OF THE ATTORNEY GENERAL

Stipulation in order revoking conditional pardon.

- Board, in revoking a conditional pardon of a parolee who was convicted of burglary committed while on parole, may stipulate in the order of revocation that the balance of the original sentence be served consecutively with the new sentence. 1952-53 Op. Att'y Gen. p. 388.

Authority to collect payments of fines and restitution.

- Collection and disbursement of payments of fines and restitution as may be established as conditions upon the grant of parole may be undertaken by probation supervisors employed by the Department of Offender Rehabilitation (Corrections) so long as such payments are specifically required by court order as the result of a criminal proceeding. 1984 Op. Att'y Gen. No. 84-50.

Payment of fines and restitution during parole.

- State Board of Pardons and Paroles may, as a condition of parole, order parolees to commence court imposed payments such as fines and restitution while on parole. 1984 Op. Att'y Gen. No. 84-50.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Pardon and Parole, §§ 78, 79, 82, 91, 94-99.

C.J.S.

- 67A C.J.S., Pardon and Parole, §§ 32, 58-61.

ALR.

- Parole as suspending running of sentence, 28 A.L.R. 947.

Right to notice and hearing before revocation of suspension of sentence, parole, conditional pardon, or probation, 29 A.L.R.2d 1074.

Ability to pay as necessary consideration in conditioning probation or suspended sentence upon reparation or restitution, 73 A.L.R.3d 1240.

When is a person in custody of governmental authorities for purpose of exercise of state remedy of habeas corpus - modern cases, 26 A.L.R.4th 455.

Propriety, in criminal case, of Federal District Court order restricting defendant's right to re-enter or stay in United States, 94 A.L.R. Fed. 619.

Syfert Injury Law Firm

2018 Georgia Code 42-9-44 | Car Wreck Lawyer