GA Code § 42-9-48 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 2 - Grants of Pardons, Paroles, and Other Relief|§ 42-9-48. Arrest of Parolee or Conditional Release Violator

  If any member of the board shall have reasonable ground to believe that any parolee or conditional releasee has lapsed into criminal ways or has violated the terms and conditions of his parole or conditional release in a material respect, the member may issue a warrant for the arrest of the parolee or conditional releasee.   The warrant, if issued by a member or the board, shall be returned before the board and shall command that the alleged violator of parole or conditional release be brought before the board for a final hearing on revocation of parole or conditional release within a reasonable time after the preliminary hearing provided for in Code Section 42-9-50.   All officers authorized to serve criminal process, all peace officers of this state, and all employees of the department whom the commissioner of community supervision specifically designates in writing shall be authorized to execute the warrant.   Any community supervision officer, when he or she has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his or her parole or conditional release in a material respect, shall notify the board or some member thereof; and proceedings shall thereupon be had as provided in this Code section.    (Ga. L. 1943, p. 185, § 16; Ga. L. 1965, p. 478, § 1; Ga. L. 1970, p. 187, § 1; Ga. L. 1975, p. 786, § 1; Ga. L. 1979, p. 1020, § 1; Ga. L. 2015, p. 422, § 5-88/HB 310.)    The 2015 amendment,  effective July 1, 2015, in subsection (c), substituted "department whom the commissioner of community supervision" for "board"; and, in subsection (d), substituted "community supervision officer, when he or she" for "parole supervisor, when he" near the beginning and inserted "or her" near the middle. See Editor's notes for applicability.   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).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, annotations decided under former Code 1933, §§ 77-502 through 77-506 are included in the annotations for this Code section.   Defendant released by federal authorities subject to arrest.    - Since the defendant's 1979 sentence for violating state criminal laws was to run consecutively to the sentence the defendant was serving for violation of federal criminal laws, and the defendant's state sentence did not begin to run until the defendant was released by the federal authorities in 1985, the defendant was subject to arrest under a warrant issued by the board and the search of the defendant's person pursuant to the defendant's arrest under that warrant was authorized. Causey v. State, 208 Ga. App. 389, 430 S.E.2d 594 (1993).   Grounds for attacking parole revocation under petition for habeas corpus.    - Defendant whose parole has been revoked by the prison commission (now State Board of Pardons and Paroles) cannot by a petition for habeas corpus attack such revocation except upon the grounds of fraud, corruption, or caprice. Johnson v. Walls, 185 Ga. 177, 194 S.E. 380 (1937) (decided under former Code 1933, §§ 77-502 through 77-506).   Parole officer's duties not subject to liability.    - Parole officer's duties under subsection (d) of O.C.G.A. § 42-9-48 are discretionary within the meaning of the Georgia Tort Claims Act and therefore not subject to liability. Rowe v. State Bd. of Pardons & Parole, 240 Ga. App. 163, 523 S.E.2d 40 (1999).    Cited in Balkcom v. Jackson, 219 Ga. 59, 131 S.E.2d 551 (1963); Woodall v. State, 122 Ga. App. 653, 178 S.E.2d 337 (1970).   OPINIONS OF THE ATTORNEY GENERAL   Discretion not delegable.   - Authority vested in members of the board to determine whether a parolee or conditional releasee has lapsed into criminal ways or has violated the terms and conditions of the parolee's release, and upon an affirmative determination to issue a warrant for the arrest of such parolee or conditional releasee, involves the exercise of judgment and discretion by the member of the board concerned and as such may not be delegated. 1972 Op. Att'y Gen. No. 72-105.   When hearing required.    - Parole, if properly granted in accordance with law and rules and regulations of the board, may be revoked only after a hearing before the board on a specific charge of violating terms and the conditions of parole, except in the event the parolee becomes convicted of a crime or enters a plea of guilty to a crime, in which case Ga. L. 1964, p. 497, § 1 (see now O.C.G.A. § 42-9-51) provides for revocation by the board without a hearing. However, there need not always be a parole violation before a parole may be revoked. For instance, the authority of the board to revoke parole on the ground that the prisoner had not earned it and was mistakenly granted has been upheld. 1967 Op. Att'y Gen. No. 67-51.    Board could not issue warrant  for arrest of parolee whose recommendation for release was made by member who was possible relative when there was no question relating to an alleged violation of the terms and conditions of parole, and the board had already taken action based upon the evidence presented. 1948-49 Op. Att'y Gen. p. 608.   RESEARCH REFERENCES   Am. Jur. 2d.   - 59 Am. Jur. 2d, Pardon and Parole, §§ 79, 94-98.   C.J.S.   - 67A C.J.S., Pardon and Parole, §§ 66, 67, 69-74, 77, 78, 81.   ALR.    - Arresting one who has been discharged on habeas corpus or released on bail, 62 A.L.R. 462.   Right to assistance of counsel at proceedings to revoke probation, 44 A.L.R.3d 306.