(Ga. L. 1943, p. 185, § 14; Ga. L. 1986, p. 1596, § 4; Ga. L. 2009, p. 192, § 2/SB 151; Ga. L. 2013, p. 222, § 19/HB 349; Ga. L. 2015, p. 207, § 4/HB 71; Ga. L. 2017, p. 585, § 2-11/SB 174.)
The 2013 amendment, effective July 1, 2013, added subsection (b); and redesignated former subsections (b) through (e) as present subsections (c) through (f), respectively. See editor's note for applicability.
The 2015 amendment, effective July 1, 2015, in subsection (a), deleted "and" at the end of paragraph (a)(5); redesignated former paragraph (a)(6) as paragraph (a)(7) and added new paragraph (a)(6); in paragraph (a)(7), as redesignated, added", including any information prepared by the victim or any individual offering or preparing information on behalf of the victim, for the purpose of the board's consideration of a pardon or commutation of a death sentence if the victim has provided such information to the board; and" at the end; and added paragraph (a)(8); in subsection (c), designated the formerly existing provisions as paragraph (c)(3), and added paragraphs (c)(1) and (c)(2); substituted the present provisions of subsection (d) for the former provisions, which read: "Before releasing any person on parole, the board may have the person appear before it and may personally examine him or her. Thereafter, upon consideration the board shall make its findings and determine whether or not such person shall be granted a pardon, parole, or other relief within the power of the board; and the board shall determine the terms and conditions thereof. Notice of the determination shall be given to such person and to the correctional official having him or her in custody."; in subsection (e), inserted "in custody" near the beginning and substituted "official having such person" for "officials having the person" near the middle; and deleted former subsection (f), which read: "The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim."
The 2017 amendment, effective July 1, 2017, added paragraph (a)(2); redesignated former paragraphs (a)(2) through (a)(8) as present paragraphs (a)(3) through (a)(9), respectively; inserted "parole, conditional release," in the middle of present paragraphs (a)(7) and (a)(8); in paragraph (c)(1), inserted "and at least 90 days' advance written notification to such district attorney prior to making a final decision on parole or conditional release for a person sentence for a serious violent felony, as such term is defined in Code Section 17-10-6.1," near the middle and substituted "actions and shall also provide the person being considered for parole or conditional release an opportunity to submit information" for "action" at the end; in paragraph (d)(1), inserted "or conditional release" near the middle of the first sentence, added the third sentence, and, in the last sentence, substituted "reports, files, records, information" for "records, papers, documents" near the beginning and 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" at the end; substituted "if the victim has expressed a desire for such notification and has provided the board with a current mailing or e-mail address and telephone number" for "in accordance with Code Section 17-17-13" at the end of paragraph (d)(2); and substituted "pardon, parole, or conditional release," for "pardon or a parole," near the beginning of subsection (e).
Cross references.- Power of board to order adult offender to make restitution to victim as condition of any relief ordered, § 17-14-3.
Power of board to grant parole prior to completion of one-third of sentence if restitution of victim is ordered as condition of parole, § 17-14-4.
Crime Victims' Bill of Rights, T. 17, C. 17.
Editor's notes.- Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense."
Law reviews.- For article, "Appeal and Error: Appeal or Certiorari by State in Criminal Cases," see 30 Ga. St. U.L. Rev. 17 (2013). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).
JUDICIAL DECISIONSThis section allows, but does not require, an interview. Williams v. McCall, 531 F.2d 1247 (5th Cir. 1976).
Board members immune from damage suits.
- Members of the board in passing on and processing applications for parole exercise discretion imposed upon the members by law. The members are immune from suits for damages for such governmental functions. Neal v. McCall, 134 Ga. App. 680, 215 S.E.2d 537 (1975).
No interview required.
- Because a prior district court order only required that the inmate be considered for parole annually under the rules in effect at the time of the inmate's offense, and neither the order nor the rule in effect at the time of the inmate's offense required interviews, the members of Georgia's Board of Pardons and Paroles complied with the order; and, while the United States Court of Appeals for the Eleventh Circuit included interviews in the list of actions encompassed by "parole reconsideration hearing," the Eleventh Circuit did not hold that an in-person interview was mandated, and O.C.G.A. § 42-9-43(b), the statute cited by the Eleventh Circuit, did not require such an interview. Akins v. Perdue, F. Supp. 2d (N.D. Ga. Apr. 18, 2006).
No due process right to collect testimony from prison staff.
- Death row inmate's suit under 42 U.S.C. § 1983 arising out of a warden's forbidding prison staff to testify for the inmate in a clemency hearing was properly dismissed for failure to state a claim because the Due Process Clause did not guarantee state prisoners a right to acquire such testimony, nor did it bar state officials from limiting prisoners' access to such testimony, despite a Georgia statute allowing the Board of Pardons and Paroles to collect all available information. Gissendaner v. Comm'r, Ga. Dep't of Corr., 794 F.3d 1327 (11th Cir. 2015), cert. denied, stay denied, 136 S. Ct. 25, 192 L. Ed. 2d 996 (U.S. 2015).
No power to increase sentence.- Parole board was responsible for maintaining a complete record on any person who came under the power of the board and that record included the nature and term of the individual's sentence; furthermore, it was the parole board that has the power to set the terms and conditions of parole. Thus, the acts of the parole officer, or those within the parole board who make such determinations, in setting the expiration dates of plaintiff's parole, served to break the chain of causation with respect to any error that might have flowed from the misstatement in the parole officer's motion; the parole officer had no power to increase the plaintiff's sentence and no power to set the terms of the plaintiff's parole. Morgan v. Yarbrough, F. Supp. 2d (M.D. Ga. Apr. 30, 2008).
Cited in Slocum v. Georgia State Bd. of Pardons & Paroles, 678 F.2d 940 (11th Cir. 1982).
OPINIONS OF THE ATTORNEY GENERALBoard may make investigations as deemed necessary so as to be fully informed about persons seeking parole. 1973 Op. Att'y Gen. No. 73-22.
Access to hospital "discharge summaries."- Board should be given access to "discharge summaries" from Central State Hospital on inmates being considered for parole; such disclosure would not be a breach of confidentiality. 1973 Op. Att'y Gen. No. 73-54.
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.
RESEARCH REFERENCES
Am. Jur. 2d.
- 59 Am. Jur. 2d, Pardon and Parole, §§ 20, 77.
C.J.S.- 67A C.J.S., Pardon and Parole, §§ 48, 50-53.
ALR.
- Consent of convict as essential to a pardon, commutation or reprieve, 52 A.L.R. 835.
Right to credit on state sentence for time served under sentence of court of separate jurisdiction where state fails to specify in that regard, 90 A.L.R.3d 408.