GA Code § 42-9-46 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 9 - Pardons and Paroles|Article 2 - Grants of Pardons, Paroles, and Other Relief|§ 42-9-46. Cases in Which Inmate Has Failed to Serve Time Required for Automatic Initial Consideration; Objections

 When the board considers a case in which an inmate has not served the time required by Code Section 42-9-45 for automatic initial parole consideration, the board shall notify in writing, at least ten days prior to such early consideration, the sentencing judge, the district attorney of the circuit in which the inmate was sentenced, and any victim of a violation of Chapter 5 of Title 16 or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's contact information has been provided to the board with a current mailing or email address and telephone number. Such notice shall provide a time frame in which such individuals may file an objection to early parole consideration. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim shall be given notice of a hearing date if a hearing will be held and, in order to express their views and make their recommendation as to whether the inmate should be granted early parole, may appear at such hearing or may make a written statement to the board. If an objection was filed and the board grants early parole, it shall issue a statement explaining its reasoning for granting such parole and such statement shall be served on any party who filed an objection.   (Ga. L. 1972, p. 410, § 1; Ga. L. 1975, p. 793, § 1; Ga. L. 1990, p. 1001, § 1; Ga. L. 2015, p. 207, § 5/HB 71; Ga. L. 2017, p. 585, § 2-13/SB 174; Ga. L. 2021, p. 922, § 42/HB 497.)    The 2015 amendment,  effective July 1, 2015, substituted "person's contact information is provided pursuant to Code Section 17-17-13" for "person's name and address are provided on the impact statement pursuant to Code Section 17-10-1.1" near the end of the first sentence.    The 2017 amendment,  effective July 1, 2017, substituted the present provisions of this Code section for the former provisions, which read: "Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve the time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge, the district attorney of the county in which the person was sentenced, and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's contact information is provided pursuant to Code Section 17-17-13. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled."    The 2021 amendment,  effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted "email" for "e-mail" near the end of the first sentence.   Law reviews.   - For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).   JUDICIAL DECISIONS    Construction with minimum service time provisions of O.C.G.A § 42-9-45. - Although O.C.G.A § 42-9-45(b) purports to establish the minimum time served before an inmate is eligible for consideration for parole, and O.C.G.A § 42-9-46 authorizes the Board of Pardons and Paroles to consider an inmate for parole before the inmate has served the minimum time specified in § 42-9-45(b), these provisions can be interpreted as meaning that the board can consider an inmate for parole before service of the minimum time specified in § 42-9-45(b), so long as the notice required by § 42-9-46 is given. Charron v. State Bd. of Pardons & Paroles, 253 Ga. 274, 319 S.E.2d 453 (1984).   No constitutionally protected interest in parole.    - Exceptional parole process governed by O.C.G.A §§ 42-9-45 and42-9-46 did not create a constitutionally protected liberty interest in parole. Worley v. Georgia Bd. of Pardons & Paroles, 932 F. Supp. 1466 (N.D. Ga. 1996).   OPINIONS OF THE ATTORNEY GENERAL   Constitutional limitations on power of Board of Pardons and Paroles.    - As of January 1, 1995, there are additional constitutional limitations on the power of the Board of Pardons and Paroles to parole. These limitations are the clear prerogative of the General Assembly to proscribe. They include the inability to parole during the mandatory minimum sentence for the seven serious violent felonies set out in O.C.G.A § 17-10-6.1, the inability to parole for sentences of life without parole as set out in O.C.G.A §§ 17-10-7(b)(2) and17-10-16, and the inability to parole for felony recidivists who are convicted for a fourth or subsequent such offense. Other felons and misdemeanants are required to serve the minimum time prescribed in O.C.G.A § 42-9-45(b) subject to the authority reserved by statute to the board in O.C.G.A § 42-9-46 to consider those individuals for clemency upon complying with certain notice procedures. 1995 Op. Att'y Gen. No. 95-4.   Definite term of sentence or life sentence.   - When an inmate is serving a sentence the length of which is definite, notice of consideration by the board must be given until one-third of the sentence has been served; when dealing with life sentences, notice must always be given because it is impossible to determine when one-third of the sentence has been served. 1973 Op. Att'y Gen. No. 73-50.   Ten days' notice.    - State Board of Pardons and Paroles is required under O.C.G.A § 42-9-46 to provide ten days' notice to the sentencing judge and district attorney of the county in which the person is sentenced prior to considering an inmate for parole. 1985 Op. Att'y Gen. No. 85-7.   RESEARCH REFERENCES   C.J.S.   - 67A C.J.S., Pardon and Parole, §§ 6, 7, 50, 52.   ALR.   - 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.