Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448(Ga. L. 1943, p. 185, § 20; Ga. L. 1953, Nov.-Dec. Sess., p. 210, § 1; Ga. L. 1975, p. 786, § 4; Ga. L. 1982, p. 3, § 42; Ga. L. 2011, p. 620, § 2/SB 214; Ga. L. 2013, p. 1056, § 2/HB 122; Ga. L. 2015, p. 207, § 7/HB 71; Ga. L. 2015, p. 422, § 5-89/HB 310; Ga. L. 2017, p. 585, § 2-15/SB 174.)
The 2013 amendment, effective July 1, 2013, inserted "and the Sexual Offender Registration Review Board" near the end of subsection (b).
The 2015 amendments. The first 2015 amendment, effective July 1, 2015, rewrote subsection (b). The second 2015 amendment, effective July 1, 2015, rewrote subsection (b). See Editor's notes for applicability. See Code Commission notes regarding the effect of these amendments.
The 2017 amendment, effective July 1, 2017, inserted "conditional releases," in subsection (a); in paragraph (b)(1), substituted "reports, files, records, and information" for "records, papers, and documents" near the middle, and substituted a colon for "to" at the end; added the subparagraph (b)(1)(A) designation; in subparagraph (b)(1)(A), added "To" at the beginning and substituted "; and" for a period at the end; added subparagraph (b)(1)(B); inserted ", upon conviction," near the end of the last sentence of subsection (c); and, in subsection (d), substituted "shall be exempt" for "are exempt" in the second and last sentences.
- Management of records of state entities generally, § 50-18-90 et seq.
- Pursuant to Code Section 28-9-5, in 2015, the amendment of subsection (b) of this Code section by Ga. L. 2015, p. 207, § 7/HB 71, was treated as impliedly repealed and superseded by Ga. L. 2015, p. 422, § 5-89/HB 310, due to irreconcilable conflict.
- 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."
- For annual survey of death penalty law, see 56 Mercer L. Rev. 197 (2004). 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).
- This section is not unconstitutional under Ga. Const. 1976, Art. IV, Sec. II, Para. I (see now Ga. Const. 1983, Art. IV, Sec. II, Para. I, II and § 42-9-19). The confidentiality provisions of this section apply to all information, documents, memoranda, and records of the board except those required to be made available to the General Assembly under Ga. Const. 1976, Art. IV, Sec. II, Para. I, and except transcripts of any hearing conducted by the board in any matter. Morris v. State, 246 Ga. 510, 272 S.E.2d 254 (1980).
- This section expressly exempts from confidentiality any information which, by virtue of Ga. Const. 1976, Art. IV, Sec. II, Para. I (see now Ga. Const. 1983, Art. IV, Sec. II, Para. I, II and § 42-9-19), is mandated for inclusion in a fully detailed annual report to the General Assembly of the reasons for granting sentence relief to a prisoner. Morris v. State, 246 Ga. 510, 272 S.E.2d 254 (1980).
State Board of Pardons and Paroles' only description of the disputed documents was the Board's characterization of two cover letters as "critical" of the prisoner; because the state had a compelling and justifiable interest in creating and preserving the privilege in O.C.G.A. § 42-9-53(b), the privilege was not waived merely by the Board's reference to, and brief description of, a few privileged documents. Taylor v. Nix, 451 F. Supp. 2d 1351 (N.D. Ga. 2006).
- Refusal of a parole board to allow an inmate to examine the inmate's file does not assume the proportions of a deprivation of the inmate's rights under the Constitution or the laws of the United States. Jackson v. Reese, 608 F.2d 159 (5th Cir. 1979).
State prisoner's motion to compel was properly denied under Fed. R. Civ. P. 26(b) because the documents requested from a parole board, although the documents might have been relevant to one or more of the prisoner's claims under 42 U.S.C. § 1983, were still subject to the confidential state secrets privilege under O.C.G.A. § 42-9-53(b). Taylor v. Nix, 240 Fed. Appx. 830 (11th Cir. 2007)(Unpublished).
- At least in the absence of a reasonably specific request for relevant and competent information, the trial court may decline to conduct an in camera inspection of parole files of persons other than the defendant. Stripling v. State, 261 Ga. 1, 401 S.E.2d 500 (1991), cert. denied, 502 U.S. 985, 112 S. Ct. 593, 116 L. Ed. 2d 617 (1991).
Cited in Partain v. Maddox, 131 Ga. App. 778, 206 S.E.2d 618 (1974); Smith v. Kemp, 715 F.2d 1459 (11th Cir. 1983); Potts v. State, 259 Ga. 96, 376 S.E.2d 851 (1989); Isaacs v. State, 259 Ga. 717, 386 S.E.2d 316 (1989).
- It was not the intent of this section that the records of the board be kept secret from the Governor; files relating to a parole action should be made available to the Governor at the Governor's request. 1967 Op. Att'y Gen. No. 67-51 (decided under Ga. Const. 1945, Art. V, Sec. I, Para. XI (see now Ga. Const. 1983, Art. IV, Sec. II, Para. II)).
Board of Corrections may make referrals to local, community recreation officials indicating that a released inmate has recreation skills which might be helpful to the community, provided that the board first obtains the inmate's signed authorization. 1972 Op. Att'y Gen. No. 72-148.
Misdemeanor files should be kept confidential and it is inconsistent with privacy to place the files under custody of some person or persons other than the board as the board alone is entrusted with the safekeeping of these files. 1963-65 Op. Att'y Gen. p. 318.
Board must declassify, by a resolution passed at a duly constituted session of the board, all records which the board seeks to have destroyed that are not included in one of the statutory exceptions relating to records of the board. 1971 Op. Att'y Gen. No. 71-196.
- Right to assistance of counsel at proceedings to revoke probation, 44 A.L.R.3d 306.
Invocation and effect of state secrets privilege, 23 A.L.R.6th 521.
Total Results: 7
Court: Supreme Court of Georgia | Date Filed: 2003-10-14
Citation: 590 S.E.2d 122, 277 Ga. 403, 2003 Fulton County D. Rep. 3657, 2003 Ga. LEXIS 1053
Snippet: that “the non-disclosure provisions of OCGA § 42-9-53 must give way to the defendant’s right of access
Court: Supreme Court of Georgia | Date Filed: 1992-12-01
Citation: 422 S.E.2d 854, 262 Ga. 631, 92 Fulton County D. Rep. 3073, 1992 Ga. LEXIS 984
Snippet: inmates to the Department of Corrections);1 OCGA § 42-9-53 (confidentiality of information received by *634the
Court: Supreme Court of Georgia | Date Filed: 1991-02-22
Citation: 401 S.E.2d 500, 261 Ga. 1, 1991 Ga. LEXIS 96
Snippet: of Pardons and Paroles are confidential. OCGA § 42-9-53. However, we have recognized that, in limited circumstances
Court: Supreme Court of Georgia | Date Filed: 1989-11-30
Citation: 386 S.E.2d 316, 259 Ga. 717, 1989 Ga. LEXIS 503
Snippet: impeachment purposes when Billy Isaacs testified. OCGA § 42-9-53; Potts v. State, 259 Ga. 96 (10) (376 SE2d 851)
Court: Supreme Court of Georgia | Date Filed: 1989-02-23
Citation: 376 S.E.2d 851, 259 Ga. 96, 1989 Ga. LEXIS 84
Snippet: ignore the confidentiality provisions of OCGA § 42-9-53 in order to satisfy the defendant's right to present
Court: Supreme Court of Georgia | Date Filed: 1986-07-16
Citation: 345 S.E.2d 831, 256 Ga. 195
Snippet: might be mitigating. The state relies upon OCGA § 42-9-53, which classifies records in the possession of
Court: Supreme Court of Georgia | Date Filed: 1985-03-14
Citation: 327 S.E.2d 475, 254 Ga. 149, 1985 Ga. LEXIS 626
Snippet: appellate review. Walker further contends that OCGA § 42-9-53, on which the trial court relied to deny Walker’s