In recognition of the doctrine contained in the Constitution of this state requiring the three branches of government to be separate, it is declared to be the policy of the General Assembly that the duties, powers, and functions of the State Board of Pardons and Paroles are executive in character and that, in the performance of its duties under this chapter, no other body is authorized to usurp or substitute its functions for the functions imposed by this chapter upon the board.
(Ga. L. 1953, Nov.-Dec. Sess., p. 210, § 2; Ga. L. 1985, p. 149, § 42.)
Cross references.- Composition and powers of State Board of Pardons and Paroles, Ga. Const. 1983, Art. IV, Sec. II, Paras. I, II.
JUDICIAL DECISIONS
Jurisdiction.
- When no grounds existed which required the correction of an inmate's sentence, neither the trial court nor the appellate court had jurisdiction to grant the request under O.C.G.A. § 42-9-1. Harper v. State, 262 Ga. App. 136, 586 S.E.2d 336 (2003).
Parole conditions.
- Trial court erred by requiring the defendant to waive the defendant's Fourth Amendment right as a condition of parole since "any attempt by a court to impose its will over the Executive Department by attempting to impose as a part of a criminal sentence conditions operating as a prerequisite of or becoming automatically effective in the event of a subsequent parole of defendant by the State Board of Pardons and Parole would be a nullity and constitute an exercise of power granted exclusively to the Executive." Stephens v. State, 207 Ga. App. 645, 428 S.E.2d 661 (1993).
Cited in State v. Davis, 303 Ga. 684, 814 S.E.2d 701 (2018).
OPINIONS OF THE ATTORNEY GENERAL
Suspension of sentence upon prisoner's parole by another state.
- When a prisoner is incarcerated in another state and is serving that state and this state's sentences concurrently, a provision for suspension of this state's sentence in the event of parole by the other state authorities does not usurp functions of the State Board of Pardons and Paroles. 1974 Op. Att'y Gen. No. 74-147.
RESEARCH REFERENCES
C.J.S.
- 73 C.J.S., Public Administrative Law and Procedure, §§ 15-18.