reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-20 - General duties of board

(a)
In all cases in which the chairperson of the board or any other member designated by the board has suspended the execution of a death sentence to enable the full board to consider and pass on same, it shall be mandatory that the board act within a period not exceeding 90 days from the date of the suspension order. In the cases which the board has power to consider, the board shall be charged with the duty of determining which inmates serving sentences imposed by a court of this state may be released on pardon or parole and fixing the time and conditions thereof. The board shall also be charged with the duty of determining violations of parole and taking action with reference thereto and making such investigations as may be necessary. It shall be the duty of the board personally to study the cases of those inmates whom the board has power to consider so as to determine their ultimate fitness for such relief as the board has power to grant. The board by an affirmative vote of a majority of its members shall have the power to commute a sentence of death to one of life imprisonment.
(b)
The board shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section
15-12-40.1
, without charge and in the electronic format requested.
Amended by 2015 Ga. Laws 73,§ 5-83, eff. 7/1/2015.
Amended by 2014 Ga. Laws 578,§ 14, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-20.1 - Public access to information regarding paroled felons residing within state

Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony, who have been paroled, and whose current addresses are within the State of Georgia. With respect to each parolee, the board shall provide the parolee's name, sex, date of birth, current address, crime or crimes for which the parolee was convicted, and the beginning and ending dates of such person's parole. The board shall be authorized to charge a reasonable fee to cover the costs of providing such information. The board shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section.
Amended by 2015 Ga. Laws 43,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-21 - Supervision of persons placed on parole or other conditional release; contracts for services and programs; collection of sums for restitution

(a)
The department shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.
(b)
The department shall be authorized to maintain and operate or to enter into memorandums of agreement or other written documents evidencing contracts with other state agencies, persons, or any other entities for transitional or intermediate or other services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board and to require as a condition of relief that the offender pay directly to the provider a reasonable fee for such services or programs.
(c)
In all cases where restitution is applicable, the department shall collect during the parole period those sums determined to be owed to the victim.
Amended by 2015 Ga. Laws 73,§ 5-84, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-21.1 - [Repealed] Compensation of board employee injured by inmate or parolee

Repealed by Ga. L. 1986, p. 1491, § 3, effective July 1, 1986.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 1 - GENERAL PROVISIONS (§§ 42-9-1 — 42-9-22) › Section 42-9-22 - Construction of chapter

This chapter shall be liberally construed so that its purpose may be achieved.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-39 - Restrictions on relief for person serving a second life sentence

(a)
The provisions of this Code section shall be binding upon the board in granting pardons and paroles, notwithstanding any other provisions of this article or any other law relating to the powers of the board.
(b)
Except as otherwise provided in subsection (b) of Code Section
17-10-7
, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 30 years in the penitentiary before being granted a pardon and before becoming eligible for parole.
(c)
When a person receives consecutive life sentences as the result of offenses occurring in the same series of acts and any one of the life sentences is imposed for the crime of murder, such person shall serve consecutive 30 year periods for each such sentence, up to a maximum of 60 years, before being eligible for parole consideration.
(d)
Any other provisions of this Code section to the contrary notwithstanding, the board shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.
Amended by 2006 Ga. Laws 571,§ 27, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-40 - Parole guidelines system

(a)
The board shall adopt, implement, and maintain a parole guidelines system for determining parole action. The guidelines system shall be used in determining parole actions on all inmates, except those serving life sentences, who will become statutorily eligible for parole consideration. The system shall be consistent with the board's primary goal of protecting society and shall take into consideration the severity of the current offense, the inmate's prior criminal history, the inmate's conduct, and the social factors which the board has found to have value in predicting the probability of further criminal behavior and successful adjustment under parole supervision.
(b)
The guidelines system required by subsection (a) of this Code section shall be adopted by rules or regulations of the board. The rules or regulations shall be adopted in conformity with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-41 - Duty of board to obtain and place in records information respecting persons subject to relief or placed on probation; investigations; rules

(a)
It shall be the duty of the board to obtain and place in its permanent records information as complete as may be practicable on every person who may become subject to any relief which may be within the power of the board to grant. The information shall be obtained as soon as possible after imposition of the sentence and shall include:
(1)
A complete statement of the crime for which the person is sentenced, the circumstances of the crime, and the nature of the person's sentence;
(2)
The court in which the person was sentenced;
(3)
The term of his or her sentence;
(4)
The name of the presiding judge, the prosecuting officers, the investigating officers, and the attorney for the person convicted;
(5)
A copy of presentence investigation and any previous court record;
(6)
A fingerprint record;
(7)
A copy of all probation reports which may have been made; and
(8)
Any social, physical, mental, or criminal record of the person.
(b)
The board in its discretion may also obtain and place in its permanent records similar information on each person who may be placed on probation. The board shall immediately examine such records and any other records obtained and make such other investigation as it may deem necessary. It shall be the duty of the court and of all community supervision officers and other appropriate officers to furnish to the board, upon its request, such information as may be in their possession or under their control. The Department of Behavioral Health and Developmental Disabilities and all other state, county, and city agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the board and shall aid and assist it in the performance of its duties. The board may make such rules as to the privacy or privilege of such information and as to its use by persons other than the board and its staff as may be deemed expedient in the performance of its duties, provided that such rules do not conflict with Code Section
42-9-61
.
Amended by 2019 Ga. Laws 321,§ 42, eff. 5/12/2019.
Amended by 2017 Ga. Laws 226,§ 2-9, eff. 7/1/2017.
Amended by 2015 Ga. Laws 73,§ 5-85, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-42.1 - Use of HIV test results in granting relief from sentence; conditions

(a)
Any term used in this Code section and defined in Code Section
31-22-9.1
shall have the meaning provided for such term in Code Section
31-22-9.1
.
(b)
The board is authorized to obtain from any penal institution, with at least 60 days prior notice to that institution, and any such penal institution is authorized to provide the board with HIV test results regarding any person who applies or is eligible for clemency, a pardon, a parole, or other relief from a sentence or to require such person to submit to an HIV test and to consider the results of any such test in determining whether to grant clemency, a pardon, a parole, or other relief to such person. Test results obtained pursuant to the authority of this Code section may not be the sole basis for determining whether to grant or deny any such relief to such person, however. The board is further authorized to impose conditions upon any person to whom the board grants clemency, a pardon, a parole, or other relief and who is determined by an HIV test to be infected with HIV, which conditions may include without being limited to those designed to prevent the spread of HIV by that person.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-43.1 - Citizenship status of prisoner; deportation

(a)
In determining whether to grant parole the board shall be authorized to make inquiry into whether the prisoner is lawfully present in the United States under federal law.
(b)
If the board determines that the prisoner is not lawfully present in the United States, the board shall be authorized to make inquiry into whether the prisoner would be legally subject to deportation from the United States while on parole.
(c)
If the board determines that the prisoner would be legally subject to deportation from the United States while on parole, the board may:
(1)
Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal cases;
(2)
Consider the likelihood that deportation may intervene to frustrate that state interest if parole is granted; and
(3)
Where appropriate, decline to grant parole in furtherance of the state interest in certain and complete execution of sentences.
(d)
Any grant of parole to an alien prisoner, as such term is defined in Code Section
42-1-11.1
, who is subject to deportation shall be conditioned upon the deportation of such prisoner pursuant to a final removal order and a further condition that such prisoner abide by the deportation order and all immigration laws of the United States.
Amended by 2010 Ga. Laws 416,§ 3, eff. 7/1/2010.
Added by 2007 Ga. Laws 13,§ 2, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-44.1 - and 42-9-44.2 - [Reserved]

Reserved. Repealed by Ga. L. 2006, p. 379, § 28/HB 1059, effective July 1, 2006.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-44.3 - Definitions; required community service; liability; work during periods of natural disaster

(a)
As used in this Code section, the term:
(1)
"Agency employee" means an employee or agent of a community service agency, whether the individual is a paid or unpaid employee or agent.
(2)
"Community service" means uncompensated work by an offender with a community service agency for the benefit of the community pursuant to a directive of the State Board of Pardons and Paroles or its designee as a condition of parole or as an alternative to the revocation of parole.
(3)
"Community service agency" means any private or public agency or organization approved by the State Board of Pardons and Paroles to participate in a community service program.
(4)
"Community service supervisor" means an individual who places or supervises offenders directed to perform community service, whether the individual is a paid or unpaid supervisor.
(5)
"Offender" means a person who has been convicted of a crime, who is under the jurisdiction of the State Board of Pardons and Paroles, and who has been granted conditional executive clemency.
(b)
The State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole.
(c)
Neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program. This limitation of liability does not apply to any act or omission by any community service agency, community service supervisor, or agency employee that constitutes gross negligence or willful misconduct.
(d)
It shall be unlawful to use or to allow an offender to be used for any purpose resulting in private gain to an individual, but this subsection shall not apply to work on private property made necessary due to a natural disaster if the work is approved by the State Board of Pardons and Paroles.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 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.
Amended by 2021 Ga. Laws 307,§ 42, eff. 5/10/2021.
Amended by 2017 Ga. Laws 226,§ 2-13, eff. 7/1/2017.
Amended by 2015 Ga. Laws 43,§ 5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-47 - Notification of decision to parole inmate

Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff of each county in which the inmate was tried, convicted, and sentenced, the local law enforcement authorities of the county of the last residence of the inmate prior to incarceration, and the victim of crimes against the person shall be notified of the decision by the chairman of the board. Such notice to the victim shall be mailed or emailed to the victim's address if such information is provided pursuant to Code Section
17-17-13
. Failure of the victim to inform the board of a change of address shall not void a parole date set by the board.
Amended by 2021 Ga. Laws 307,§ 42, eff. 5/10/2021.
Amended by 2015 Ga. Laws 43,§ 6, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-48 - Arrest of parolee or conditional release violator

(a)
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.
(b)
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
.
(c)
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.
(d)
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.
Amended by 2015 Ga. Laws 73,§ 5-88, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-49 - Reimbursement of counties for incarceration of persons arrested in accordance with Code Section 42-9-48

After proper documentation is received from the county, the board shall reimburse the county, pursuant to rules and regulations adopted by the board and in the amount appropriated for this purpose by the General Assembly, for the cost of incarceration of any person who is arrested pursuant to any warrant issued in accordance with Code Section
42-9-48
. To the extent that funds are appropriated by the General Assembly for the purpose of reimbursement of medical expenses, the board may reimburse counties for the cost of medical services provided to persons so arrested. The liability of the board for such costs of incarceration shall begin when the person is incarcerated and shall end upon revocation of parole or conditional release of the person. This Code section shall apply only to cases in which the board's warrant is the sole basis for incarceration.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-52 - Discharge from parole; earned-time allowance; granting of pardons, commutations, and remissions of fines, forfeitures, or penalties

(a)
No person who has been placed on parole shall be discharged therefrom by the board prior to the expiration of the term for which he or she was sentenced or until he or she shall have been duly pardoned or otherwise released as provided in this Code section or as otherwise provided by law.
(b)
The board may adopt rules and regulations, policies, and procedures for the granting of earned time to persons while serving their sentences on parole or other conditional release to the same extent and in the same amount as if such person were serving the sentence in custody. The board shall also be authorized to withhold or to forfeit, in whole or in part, any such earned-time allowance.
(c)
When a parolee or conditional releasee is serving a split sentence for a qualified offense, as such term is defined in Code Section
42-8-21
, the board shall review such case after such parolee or conditional releasee has successfully completed 12 consecutive months of parole supervision to consider commutation of such sentence. The board may relieve a parolee or conditional releasee from making further reports and may permit such person to leave the state or county if satisfied that this is for the parolee's or conditional releasee's best interest and for the best interest of society. When a parolee or conditional releasee has, in the opinion of the board, so conducted himself or herself as to deserve a pardon or a commutation of sentence or the remission in whole or in part of any fine, forfeiture, or penalty, the board may grant such relief in cases within its power. The board may take into consideration whether or not a person is serving a split sentence in its determination of granting any relief.
Amended by 2017 Ga. Laws 226,§ 2-14, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-53 - Preservation of documents; classification of information and documents; divulgence of confidential state secrets; conduct of hearings

(a)
Subject to other laws, the board shall preserve on file all documents on which it has acted in the granting of pardons, paroles, conditional releases, and other relief.
(b)
(1)
All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all reports, files, records, and information coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by the board; provided, however, that the board shall be authorized:
(A)
To disclose to an alleged violator of parole or conditional release the evidence introduced against him or her at a final hearing on the matter of revocation of parole or conditional release; and
(B)
To disclose information as provided in Code Section
42-9-61
.
(2)
The department may make supervision records of the department available to officials employed with the Department of Corrections and the Sexual Offender Risk Review Board, and to the sexual offender as set forth in Code Section
42-1-14
, provided that the same shall remain confidential and not available to any other person or subject to subpoena unless declassified by the commissioner of community supervision.
(c)
No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a violation of this Code section or conspires to violate this Code section shall, upon conviction, be guilty of a misdemeanor.
(d)
All hearings required to be held by this chapter shall be public, and the transcript thereof shall be exempt from subsection (b) of this Code section. All records and documents which were public records at the time they were received by the board shall be exempt from subsection (b) of this Code section. All information, reports, and documents required by law to be made available to the General Assembly, the Governor, or the state auditor shall be exempt from subsection (b) of this Code section.
Amended by 2023 Ga. Laws 347,§ 6-6, eff. 5/4/2023.
Amended by 2017 Ga. Laws 226,§ 2-15, eff. 7/1/2017.
Amended by 2015 Ga. Laws 73,§ 5-89, eff. 7/1/2015.
Amended by 2015 Ga. Laws 43,§ 7, eff. 7/1/2015.
Amended by 2013 Ga. Laws 333,§ 2, eff. 7/1/2013.
Amended by 2011 Ga. Laws 215,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-54 - Effect of pardons upon civil and political disabilities; conditional pardons prohibited

(a)
All pardons shall relieve those pardoned from civil and political disabilities imposed because of their convictions.
(b)
No conditional pardons shall be issued.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-55 - Cooperation by jails or correctional institutions with board

The superintendent, warden, or jailer of any jail or state or county correctional institution in which persons convicted of a crime may be confined and all officers or employees thereof shall at all times cooperate with the board and, upon its request, shall furnish it with such information as they may have respecting any person inquired about as will enable the board properly to perform its duties. Such officials shall, at all reasonable times, when the public safety permits, give the members of the board and its authorized agents and employees access to all inmates in their charge.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-56 - Restriction on Governor's powers

The Governor shall have no authority or power whatever over the granting of pardons or paroles.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-57 - Effect of chapter on probation power of courts; cooperation by board with the department

Nothing contained in this chapter shall be construed as repealing any power given to any court of this state to place offenders on probation or to provide for terms of offender supervison. The board shall be authorized to cooperate with the department, except that it shall not assume or pay any financial obligations thereof.
Amended by 2015 Ga. Laws 73,§ 5-90, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-58 - Effect of chapter on other laws respecting parole and probation

Nothing in this chapter shall be construed to change or modify the laws respecting parole and probation as administered by the juvenile courts of this state or the Department of Human Services or the courts where persons have been placed on probation in cases involving nonsupport or abandonment of minor children.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-59 - Effect of chapter on previously granted pardons, paroles, and probations

This chapter shall not affect pardons, paroles, or probations acted upon prior to February 5, 1943.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF (§§ 42-9-39 — 42-9-61) › Section 42-9-61 - Request for report; disclosure's impact on confidentiality

(a)
After the board provides the notice of making a final decision on parole or conditional release as required by subsection (c) of Code Section
42-9-43
, both the prosecuting attorney and the person being considered for such relief may make a written request to the board for the report set forth in paragraph (2) of subsection (a) of Code Section
42-9-43
and the board shall promptly provide such report as well as any other information the board has declassified.
(b)
The disclosure of the report set forth in paragraph (2) of subsection (a) of Code Section
42-9-43
pursuant to this Code section shall not vitiate the confidential nature of such report and such report shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50.
Added by 2017 Ga. Laws 226,§ 2-16, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 3 - [RESERVED] (§ 42-9-70) › Section 42-9-70 - and 42-9-71 - [Reserved]

Reserved. Repealed by Ga. L. 2008, p. 240, § 2, effective July 1, 2008.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 4 - INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (§§ 42-9-80 — 42-9-82) › Section 42-9-80 - Short title

This article shall be known and may be cited as "The Interstate Compact for Adult Offender Supervision."
Added by 2002 Ga. Laws 964, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 4 - INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (§§ 42-9-80 — 42-9-82) › Section 42-9-82 - Powers of Governor with respect to compact

With respect to the Interstate Compact for Adult Offender Supervision set out in Code Section
42-9-81
:
(1)
The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Adult Offender Supervision required by Article IV of that compact, with the Governor making the appointments to those positions; except that any appointment to a position representing the legislative branch shall be made jointly by the Speaker of the House of Representatives and the President of the Senate and any appointment to a position representing the judicial branch shall be made by the Chief Justice of the Supreme Court;
(2)
The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article IV of that compact, with the state council making the appointment of the compact administrator;
(3)
The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and
(4)
Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2002 Ga. Laws 964, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 9 - PARDONS AND PAROLES (§§ 42-9-1 — 42-9-90) › Article 5 - TRANSFER OF SUPERVISION (§ 42-9-90) › Section 42-9-90 - Application fee required for transfer consideration

(a)
As used in this Code section, the term:
(1)
"Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(2)
"Offender" means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(3)
"State" means a state of the United States, the District of Columbia, or any other territorial possessions of the United States.
(b)
The department and the State Board of Pardons and Paroles shall be authorized to require any nonindigent adult offender to pay a $100.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of this chapter.
Amended by 2016 Ga. Laws 524,§ 5, eff. 5/3/2016.
Amended by 2015 Ga. Laws 73,§ 5-91, eff. 7/1/2015.
Added by 2003 Ga. Laws 195, § 1, eff. 5/31/2003.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 10 - CORRECTIONAL INDUSTRIES (§§ 42-10-1 — 42-10-5) › Section 42-10-2 - Correctional Industries Administration created; corporate powers generally

There is created, as a body corporate and politic, an instrumentality and public corporation of this state to be known as the "Georgia Correctional Industries Administration." It shall have perpetual existence. In such name it may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in any and all courts.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 10 - CORRECTIONAL INDUSTRIES (§§ 42-10-1 — 42-10-5) › Section 42-10-3 - Board of Corrections as ex officio Correctional Industries Administration; commissioner as executive officer; powers generally

For the purposes of this chapter, the Board of Corrections shall constitute, ex officio, the Georgia Correctional Industries Administration. The board, constituted as the Georgia Correctional Industries Administration, shall have the power to perfect its own organization and to adopt such rules and bylaws as may be necessary for it to carry out its duties under this chapter. The commissioner of corrections shall serve as the executive officer of the administration.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 10 - CORRECTIONAL INDUSTRIES (§§ 42-10-1 — 42-10-5) › Section 42-10-5 - Responsibility for custodial care of inmates utilized by administration

The Department of Corrections shall have responsibility for the custodial care of all inmates utilized by the administration; and nothing in this chapter shall be construed to the contrary.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 11 - INTERSTATE CORRECTIONS COMPACT (§§ 42-11-1 — 42-11-3) › Section 42-11-3 - Powers and duties of Department of Corrections to carry out compact

The Department of Corrections is authorized to enter into contracts pursuant to the Interstate Corrections Compact and is directed to do all things necessary or incidental to the carrying out of this compact in every particular.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-1 - Short title

This chapter shall be known and may be cited as the "Prison Litigation Reform Act of 1996."
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-2 - Legislative findings and determinations

The General Assembly makes the following findings and determinations:
(1)
The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by prisoners who view litigation as a recreational exercise. To address the problems caused by the filing of nonmeritorious lawsuits and to relieve some of the burden placed on Georgia cities, counties, state agencies, the courts, and the Department of Corrections, this chapter is enacted.
(2)
Before filing any sort of civil action, all citizens must evaluate the strengths of their claim in light of their own personal financial situation. Private individuals are forced to balance the strength of their case against the reality of court costs, filing fees, and the potential consequences of filing a frivolous or meritless lawsuit. Georgia's prisoners currently face no such dilemma. In light of the fact that all prisoners' needs are provided at city, county, or state expense, a prisoner cannot claim that his or her financial status or security would be compromised by a requirement to pay court costs and fees. To address this inequity, the General Assembly enacts this chapter.
(3)
In forma pauperis status will continue to allow the filing of an action by a prisoner, thus providing the prisoner with the constitutional right to access to courts. Freezing of the prisoner's inmate account will hold the prisoner responsible for court costs and fees by seizing any future deposits into the account.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-3 - Definitions

As used in this chapter, the term:
(1)
"Action" means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections
42-12-4
through
42-12-7
shall not apply to petitions for writ of habeas corpus.
(2)
"Court costs and fees" means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments.
(3)
"Indigent prisoner" means a prisoner who has insufficient funds in the prisoner's inmate account at the time of filing to pay the appropriate filing fee.
(4)
"Prisoner" means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sentencing.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-4 - Payment from prisoner's inmate account for costs and fees of action commenced by prisoner

The following provisions shall apply when an indigent prisoner commences an action:
(1)
The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;
(2)
The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall include:
(A)
The prisoner's name, inmate number, and civil action number; and
(B)
The amount of the court costs and fees due and payable;
(3)
Upon notification by the clerk of court that an indigent prisoner has commenced an action, the superintendent shall:
(A)
Immediately freeze the prisoner's inmate account; and
(B)
Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-5 - In forma pauperis procedure; contents and service of affidavit; judicial determinations

(a)
(1)
A prisoner's affidavit of in forma pauperis status shall contain each of the following:
(A)
The prisoner's identity, including any and all aliases, and the prisoner's inmate number;
(B)
The nature and amount of any income as well as the source of that income;
(C)
Real and personal property owned by the prisoner; and
(D)
Cash and checking accounts held by the prisoner.
(2)
The affidavit shall also contain the following sworn statement and signature of the prisoner:
I, __________________, do swear and affirm under penalty of law that the statements contained in this affidavit are true. I further attest that this application for in forma pauperis status is not presented to harass or to cause unnecessary delay or needless increase in the costs of litigation.
(3)
The affidavit shall contain a copy of the prisoner's inmate account of the last 12 months or the period of incarceration, whichever is less. The institution shall promptly provide said account information upon request.
(4)
The prisoner shall serve the affidavit, including all attachments, on the court and all named defendants.
Failure by the prisoner to comply with this subsection shall result in dismissal without prejudice of the prisoner's action.
(b)
(1)
A judicial order authorizing a prisoner to proceed in forma pauperis shall not prevent the freezing of a prisoner's inmate account nor the forwarding of any future deposits into that account to the court in accordance with the provisions of this chapter.
(2)
In the event that the court denies the prisoner's application for in forma pauperis status, the court shall give written notice to the inmate that the inmate's action will be dismissed without prejudice if the filing fees are not paid within 30 days of the date of the order.
(3)
Upon the denial of in forma pauperis status the court shall make a finding as to whether in forma pauperis status was sought fraudulently, frivolously, or maliciously. If the court finds that the in forma pauperis status was sought fraudulently, frivolously, or maliciously, the action shall be dismissed with prejudice, and the court shall assess filing costs.
(4)
If an action is dismissed without prejudice and the prisoner refiles the action in substantially the same form:
(A)
All filing requirements including filing fees must be met in their entirety; and
(B)
No amount paid for court fees in any earlier action or any part thereof shall be credited to the prisoner.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-6 - Determination as to whether prisoner's action frivolous

Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that:
(1)
Any material allegation in the prisoner's in forma pauperis affidavit is false; or
(2)
The action or any part of the action is malicious or frivolous as defined in Code Section
9-15-14
.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-7 - Deductions from prisoner's accounts; payment of costs and fees as condition of parole

(a)
Fifty percent of the average monthly balance of the prisoner's account for the preceding 12 months during which the prisoner's account had a positive balance shall be deducted from the prisoner's account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the following:
(1)
Filed a false, frivolous, or malicious action or claim with the court;
(2)
Brought an action or claim with the court solely or primarily for delay or harassment;
(3)
Unreasonably expanded or delayed a judicial proceeding;
(4)
Testified falsely or otherwise submitted false evidence or information to the court;
(5)
Attempted to create or obtain a false affidavit, testimony, or evidence; or
(6)
Abused the discovery process in any judicial action or proceeding.
(b)
Payment of any past due court costs and fees incurred by the prisoner may be, pursuant to this subsection, a condition of parole, at the discretion of the State Board of Pardons and Paroles.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-7.1 - Payment of fees from prisoner's inmate account upon filing of habeas corpus petition

The following provisions shall apply when an indigent prisoner files a petition for habeas corpus:
(1)
The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;
(2)
The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been filed. Notice to the superintendent shall include:
(A)
The prisoner's name, inmate number, and civil action number; and
(B)
The amount of the court costs and fees due and payable; and
(3)
Upon notification by the clerk of court that an indigent prisoner has filed a petition for habeas corpus, the superintendent shall:
(A)
Immediately freeze the prisoner's inmate account; and
(B)
Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-7.2 - Number of forma pauperis actions limited

In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was dismissed on the grounds that such action was frivolous or malicious, unless the prisoner is under imminent danger of serious physical injury.
Amended by 2017 Ga. Laws 243,§ 3-4, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-8 - Appeals

Appeals of all actions filed by prisoners shall be as provided in Code Section
5-6-35
.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 12 - PRISON LITIGATION REFORM (§§ 42-12-1 — 42-12-9) › Section 42-12-9 - Records of prisoner actions

The clerk of court shall maintain a list of all prisoner actions along with the disposition of each action and the identity of the judge that handled the action.
2023 CODE OF GEORGIA › Title 42 - PENAL INSTITUTIONS (§§ 42-1-1 — 42-13-2) › Chapter 13 - INTERNATIONAL TRANSFER OF PRISONERS ACT (§§ 42-13-1 — 42-13-2) › Section 42-13-1 - Short title

This chapter shall be known and may be cited as the "International Transfer of Prisoners Act."
Added by 2002 Ga. Laws 790, § 1, eff. 7/1/2002.