Ga. Comp. R. & Regs. Department 475 — Rules of State Board of Pardons and Paroles

Chapter 475-1 Organization

Ga. Comp. R. & Regs. r. 475-1-.01 Organization {#sec-ga.-comp.-r.-regs.-r.-475-1-.01 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-1-.01}

(1) The State Board of Pardons and Paroles shall be composed of five members, appointed by the Governor for seven year terms subject to the confirmation of the Senate.

(2) Members of the Board may be removed from office for cause by the concurrent action of the Governor, Lieutenant Governor, and Attorney General.

(3) The Board may establish qualifications for employees and appoint such clerical, stenographic, supervisory and expert assistants as it may deem necessary, and in its discretion may discharge such employees.

(4) The public may obtain additional information at the Board's headquarters or on its website: pap.ga.gov.

History

• Authority: Ga. L. 1943, pp. 185, 186; Ga. L. 1972, pp. 1356-1359; Ga. L. 1973, p. 4368; Ga. L. 1973, pp. 157, 158. Effective January 28, 1974; Ga. Const. 1983, Art. 4, Sec. 2, ¶ 1; O.C.G.A. Sec. 42-9-45
• History. Original Rule was filed on January 7, 1970.
• Amended: Filed January 8, 1974; effective January 28, 1974.
• Amended: F. Nov. 8, 2016; eff. Nov. 28, 2016.

Chapter 475-2 Duties of the Board

Ga. Comp. R. & Regs. r. 475-2-.01 Duties of the Board {#sec-ga.-comp.-r.-regs.-r.-475-2-.01 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-2-.01}

(1) The Board shall have the power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law and may remit any part of sentence(s) for any offenses against the State, after conviction. The Chairman of the Board, or any other member designated by the Board, may suspend the execution of a sentence of death until the full Board shall have an opportunity to hear the application of the convicted person for any relief within the power of the Board. The Board is charged with the duty of determining which individuals may be granted relief and determining conditions and requirements for all persons placed on parole.

(a) The Board may order that an adult offender make restitution or perform community service, or both, as a condition of any relief granted by the Board.

(2) The Board may require offenders granted executive clemency to pay a supervision fee of $30.00 for each month that the offender is under Board-ordered supervision.

History

• Authority: Ga. Const. 1983 Art. 4, Sec. 2, O.C.G.A. Secs. 16-8-83, 17-10-6, 17-10-6.1, 17-10-17, 42-9-20, 42-9-21, 42-9-39, 42-9-40, 42-9-42, to 42-9-46
• History. Original Rule entitled "Duties of the Board" adopted. F. and eff. Jan. 7, 1970.
• Repealed: New Rule of same title adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. Oct. 21, 1980; eff. Nov. 10, 1980.
• Amended: F. Oct. 14, 1983; eff. Nov. 3, 1983.
• Amended: F. Aug. 7, 1997; eff. Aug. 27, 1997.
• Repealed: New Rule of same title adopted. F. Dec. 17, 2001; eff. Jan. 6, 2002.
• Amended: F. May 30, 2003; eff. June 19, 2003.
• Amended: F. Nov. 8, 2016; eff. Nov. 28, 2016.

Chapter 475-3 Rules

Ga. Comp. R. & Regs. r. 475-3-.01 Rule Making Authority {#sec-ga.-comp.-r.-regs.-r.-475-3-.01 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.01}

The Board may adopt and promulgate rules not inconsistent with the law.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1964, pp. 487-489
• History. Original Rule entitled "Rule Making Authority" was filed and effective on January 7, 1970.

Ga. Comp. R. & Regs. r. 475-3-.02 Representation For or Against Clemency {#sec-ga.-comp.-r.-regs.-r.-475-3-.02 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.02}

(1) Repealed.

(2) Employment of an attorney to represent a person before the Board is not required; this is a matter to be decided by the inmate, parolee or anyone acting in his behalf.

(3) Only licensed attorneys who are active members, in good standing, of the State Bar of Georgia, may appear before the Board for a fee. As a condition precedent to representing a parolee at any revocation hearing the attorney shall file a written and personally signed notice of appearance with the Board at its central office headquarters not less than 48 hours prior to the scheduled hearing. The notice of appearance shall in every case state: the name and identity number of the parolee; the name, address, State Bar membership number, phone and/or fax number of the attorney; and the time and place of the scheduled hearing, if any. Entry of counsel shall not itself be any cause for delaying a scheduled hearing. Hearings shall not be rescheduled at the request of counsel unless counsel has first provided written notice to the Board setting forth: the complete caption or style of suchever case in state or federal court alleged by counsel to constitute a direct and immediate scheduling conflict; the names and phone numbers of the judge and the clerk of such court; and the attorney's proposal for resolving the schedule conflict expeditiously. Any such notice of conflict must be received by the Board not later than 48 hours prior to the scheduled revocation or other hearing at which counsel desires to appear. No delays or continuances of any kind shall be granted by the Board in any case where counsel for the parolee has failed to abide by all elements of each requirement of this paragraph. No hearing shall be rescheduled more than once at the request of counsel for the parolee.

(4) The Board may require any attorney representing a person before the Board to file a sworn statement as to whether a fee is involved.

(5) The Board shall maintain a complete written record of every person contacting any member of the Board on behalf of a prisoner. Such record shall include the name and address of the person contacting the Board Member and the reason for contacting such Board Member.

(6) The Board encourages written communication in order that the information contained therein may be available to the Board when reviewing a case.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1964, pp. 487-489; Ga. L. 1968, p. 1193
• History. Original Rule entitled "Representation For or Against Clemency" adopted. F. and eff. January 7, 1970.
• Amended: F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. Apr. 29, 1985; eff. May 19, 1985.
• Amended: F. Mar. 21, 1995; eff. Apr. 10, 1995.

Ga. Comp. R. & Regs. r. 475-3-.03 Acceptance of Conditions in Writing {#sec-ga.-comp.-r.-regs.-r.-475-3-.03 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.03}

Any relief granted by the Board which subjects the inmate to certain conditions must be accepted by the inmate, in writing, before the relief becomes effective.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1964, pp. 487-489
• History. Original Rule entitled "Acceptance of Conditions in Writing "was filed and effective on January 7, 1970.

Ga. Comp. R. & Regs. r. 475-3-.04 Withdrawal of Grants of Relief {#sec-ga.-comp.-r.-regs.-r.-475-3-.04 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.04}

The Board reserves the right to withdraw the grant of all forms of relief prior to the effective date if, in its discretion, it believes it to be in the public interest to do so.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1964, pp. 487-489
• History. Original Rule entitled "Withdrawal of Grants of Relief" adopted. F. and eff. January 7, 1970. .

Ga. Comp. R. & Regs. r. 475-3-.05 Parole Consideration {#sec-ga.-comp.-r.-regs.-r.-475-3-.05 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.05}

(1) Consideration is automatic for all offenders serving sentences imposed by a court of this State and who are in the custody of the Department of Corrections, except that no parole consideration shall ever be given to offenders serving sentences for which parole is not authorized by law. Generally, no application is required. However, persons ordered to serve consecutive county misdemeanor confinement sentences exceeding 12 months and persons sentenced pursuant to subsection (c), (d), (e), and/or (l) of O.C.G.A. § 16-13-30 and who are recidivists pursuant to O.C.G.A. § 17-10-7(c) who have met eligibility requirements for consideration as established in subsection (b)(3) and/or (b)(4) of O.C.G.A. § 42-9-45 must request consideration. The request may be in any written form and must contain the name under which the offender was convicted, where the offender is incarcerated, the offense(s), the date and court of conviction, and the length of sentence(s). The request should be submitted as close to the time of eligibility as possible to allow enough time for necessary investigations.

(2) Reconsideration of those inmates serving life sentences who have been denied parole shall take place at least every eight years. The Board will inform inmates denied parole of the reasons for such denial without disclosing confidential sources of information or possible discouraging diagnostic opinions.

(3) Inmates who have escaped will not be considered for parole until their return to custody of penal authorities of this State. If initial parole consideration was given prior to the escape of a life sentence inmate, the next consideration will be scheduled for one to eight years after recapture.

(4) A person who is returned to prison because of a violation of the conditions of parole or other conditional release will be scheduled for parole consideration six months to one year after revocation unless the Board directs otherwise in its order of revocation, votes to consider the case earlier, or unless a new sentence supersedes the revoked sentence for the purpose of computing parole eligibility.

(5) In considering parole for persons who will become statutorily eligible for parole consideration and who are serving less than a life sentence, the Board shall review a recommendation as to months to serve. This recommendation will be obtained from the Parole Decision Guidelines system which accounts for the severity of the crime and the inmate's risk to re-offend. The inmate's risk to re-offend is measured by weighted factors concerning the inmate's criminal and social history which the Board has found to have value in predicting the probability of further criminal behavior. The Parole Decision Guidelines System is an aid to the Board in making more consistent, soundly based and explainable parole decisions and does not create a liberty interest. The Board specifically reserves the right to exercise its discretion under Georgia Law to disagree with the recommendation resulting from application of the Parole Decision Guidelines and may make an independent decision to deny parole or establish a Tentative Parole Month at any time prior to sentence expiration. After the Board notifies the inmate of their decision, the inmate may contest either the Crime Severity Level or Risk to Re-Offend scores by writing within 30 days the Parole Guidelines Subject Matter Expert in the Board's Central Office. Prior to an inmate being paroled, the inmate's institutional conduct will be reviewed and institutional misconduct may result in a delay in parole release or a decision to deny parole. Any decision rendered under the Parole Decision Guidelines may be changed at the discretion of the Board at any time. The Board may modify any part of the Parole Decision Guidelines system at any time.

(6) Inmates considered under the Parole Decision Guidelines system, who are not paroled or discharged from prison earlier, will be reconsidered at least every five years after the date they become statutorily eligible for parole.

(7) The minimum mid-point Parole Decision Guidelines recommendation for each Crime Severity Level represents one-third, or more, of the Statewide-average prison sentence for all crimes assigned said Crime Severity Level.

(8)

(a) The Parole Board will use the following factors to compute a Risk to Re-Offend Score for each male inmate it considers for parole using its Parole Guidelines System.

(b) Current Prison Conviction Primary Offense: Property (weight: 0.284): (no = 0), (yes = 1)

(c) Current Prison Admission Type: Parole/Probation Revocation (weight: 0.238): (no = 0), (yes = 1)

(d) Number Felony Arrest Events before Current Prison Episode (weight: 0.093): (# of prior arrests times weight = score)

(e) Number Misdemeanor Arrest Events before Current Prison Episode (weight: 0.052): (# of prior arrests times weight = score)

(f) GDC Validated Gang Member (weight: 0.548): (no = 0), (yes = 1)

(g) Age at Current Prison Admission (weight: -0.049): (age in years times weight = score)

(h) GDC Violent DR Charge During any Incarceration Period (weight: 0.443): (no = 0), (yes = 1)

(9)

(a) The Parole Board will use the following factors to compute a Risk to Re-Offend Score for each female inmate it considers for parole using its Parole Guidelines System.

(b) Current Prison Conviction Primary Offense: Property (weight: 0.055): (no = 0), (yes = 1)

(c) Current Prison Admission Type: Parole/Probation Revocation (weight: 0.444): (no = 0), (yes = 1)

(d) Number Felony Arrest Events before Current Prison Episode (weight: 0.079): (# of prior arrests times weight = score)

(e) Number Misdemeanor Arrest Events before Current Prison Episode (weight: 0.085): (# of prior arrests times weight = score)

(f) Age at Current Prison Admission (weight: -0.051): (age in years times weight = score)

(g) GDC Violent DR Charge During any Incarceration Period (weight: 0.398): (no = 0), (yes = 1)

(h) Prior Arrest for a Felony Drug Offense (weight: 0.585): (no = 0), (yes = 1)

(10)

(a) Offenders considered for parole using the Parole Decision Guidelines System who have been convicted of the following crimes shall be assigned a Crime Severity Level of VIII: attempted murder, murder in the second degree, voluntary manslaughter, involuntary manslaughter, statutory rape, attempted rape, homicide by vehicle while under the influence of alcohol/drugs or as a habitual traffic violator, feticide by vehicle, aggravated battery, aggravated battery on a police officer, aggravated assault, aggravated assault on a police officer, attempted aggravated child molestation, child molestation, attempted armed robbery, robbery, attempted kidnapping, attempted aggravated sexual battery, attempted aggravated sodomy, hijacking a motor vehicle, bus hijacking, enticing a child for an indecent purpose, cruelty to children, incest, aggravated stalking, burglary of an occupied dwelling, first and second degree home invasion, criminal street gang activity, trafficking in sexual/labor servitude of a victim under age 18 (coerced or deceived), trafficking in sexual/labor servitude of a developmentally disabled victim (any age), VGCSA - Cocaine or Methamphetamine - 400 or more grams, VGCSA - Marijuana - 10,000 or more pounds, or VGCSA - Opiates- 28 or more grams.

(b) Crime Severity Level VIII offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 90% of the prison sentence.

(c) Crime Severity Level VIII offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 75% of the prison sentence.

(d) Crime Severity Level VIII offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 65% of the prison sentence.

(11)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of VII: pimping or pandering a child under the age of 16, RICO, probation revocation based on a Serious Violent Felony, or trafficking in sexual/labor servitude (victim of any age and no coercion/deception).

(b) Crime Severity Level VII offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 52 to 96 months.

(c) Crime Severity Level VII offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 40 to 78 months.

(d) Crime Severity Level VII offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 38 to 54 months.

(12)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of VI: VGCSA - Cocaine or Methamphetamine - 200 to 399 grams, VGCSA - Marijuana - 2,000 to 9,999 pounds, or VGCSA - Opiates - 0 to 27 grams, violations of probation or parole based on an arrest or commission of a Level VIII offense with no conviction, arson I, burglary of an unoccupied or vacant dwelling, pimping or pandering a child age 16 or 17, or homicide by vehicle (not DUI/habitual violator).

(b) Crime Severity Level VI offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 48 to 78 months.

(c) Crime Severity Level VI offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 36 to 60 months.

(d) Crime Severity Level VI offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 34 to 48 months.

(13)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of V: possession of illegal weapon or explosives, VGCSA - Cocaine or Methamphetamine - 28 to 199 grams, VGCSA - Marijuana - 10 to 1,999 pounds, manufacturing Methamphetamine - 2nd offense or child injured, VGCSA - Opiates -four grams or less, or VGCSA - Methamphetamine Trafficking - less than 200 grams.

(b) Crime Severity Level V offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 36 to 60 months.

(c) Crime Severity Level V offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 34 to 48 months.

(d) Crime Severity Level V offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 32 to 40 months.

(14)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of IV: arson II - $2,000, burglary - non-dwelling, over $5,000 or six or more counts, possession of a firearm by a convicted felon (under active supervision), identity fraud, manufacturing Methamphetamine -near a child, serious injury by vehicle, theft of vehicle - four or more counts or 4th or more offense, or VGCSA - sale/distribution/intent to sell Schedule I or II drugs -3 rd offense or greater.

(b) Crime Severity Level IV offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 28 to 38 months.

(c) Crime Severity Level IV offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 24 to 34 months.

(d) Crime Severity Level IV offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 22 to 26 months.

(15)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of III: burglary - non-dwelling - two to five counts - $2,001 to $5,000, credit card fraud- more than 10 counts or $1,000, criminal damage - life in danger or over $2,000, destroying or injuring police dog or horse, forgery I - over 10 counts or $1,000, possession of a firearm by a convicted felon, manufacturing Methamphetamine - 1st offense, obstruction of officer, possession/theft of material to manufacture illegal drugs - 2nd offense, terroristic threat, theft - $25,000 or more, theft of vehicle - for profit or 2nd and 3rd counts not for profit or 3rd offense, or VGCSA - 2 nd sale or 3 rd or greater possession, conspiracy to commit identity fraud, computer theft, computer trespass, computer invasion of privacy, computer forgery.

(b) Crime Severity Level III offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 26 to 32 months.

(c) Crime Severity Level III offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 22 to 28 months.

(d) Crime Severity Level III offenders with a risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 20 to 24 months.

(16)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of II: bad checks - $2,000 or more, burglary - non-dwelling - $300 to $2,000 - one count, credit card fraud - 10 or fewer counts or less than $1,000, criminal damage II - $300 to $2,000, forgery I - 10 or fewer counts or fewer than $1,000, possession of a firearm during the commission of a crime, possession/theft of materials to manufacture illegal drugs - 1st offense, reckless conduct by HIV-infected person, theft - $5,000 to $24,999, theft of vehicle - not for profit - 2nd offense, VGCSA - possession - 2nd offense, or VGCSA - sale/intent to sell/distribution - 1st offense.

(b) Crime Severity Level II offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 24 to 28 months.

(c) Crime Severity Level II offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 20 to 24 months.

(d) Crime Severity Level II offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 18 to 22 months.

(17)

(a) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for the following offenses shall be assigned a Crime Severity Level of I: bad checks - under $2,000, burglary - non-dwelling, less than $300 - one count, credit card theft, criminal interference with government property, escape - no weapon, aiding escape - no weapon, forgery II - 10 or fewer counts or less than $1,000, habitual violator, possession/passing forged prescriptions - 1st offense, possession of tools to commit a crime, theft -$4,999 or less, theft of vehicle - not for profit - one count - 1 st offense, or VGCSA - possession - 1 st offense, violation of the Georgia Securities Act.

(b) Crime Severity Level I offenders with a Risk to Re-Offend Score of 0.659934 to 1.00 for men, 0.559960 to 1.00 for women, shall receive a Parole Guidelines recommendation of 20 to 26 months.

(c) Crime Severity Level I offenders with a Risk to Re-Offend Score of 0.478295 to 0.659933 for men, 0.391979 to 0.559959 for women, shall receive a Parole Guidelines recommendation of 17 to 22 months.

(d) Crime Severity Level I offenders with a Risk to Re-Offend Score of 0.00 to 0.478294 for men, 0.00 to 0.391978 for women, shall receive a Parole Guidelines recommendation of 15 to 19 months.

(18) Offenders considered for parole using the Parole Decision Guidelines System who are incarcerated for an offense or offenses not otherwise specified in this rule will be assigned the Crime Severity Level of the specified offense most similar to their most serious offense. Attempted Level II through Level VII offenses will be assigned the Crime Severity Level one level below that of the consummated offense.

(19) Inmates serving prison sentences for sex crimes and crimes against minors will receive a risk assessment evaluation prior to a final decision to grant parole to determine the likelihood that he or she will engage in another sex crime or a crime against a minor.

History

• Authority: Ga. Const. 1983, Art. 4, § 2, ¶ 2; O.C.G.A. §§ 42-9-1, 42-9-40, 42-9-45
• History. Original Rule entitled "Parole Consideration" adopted. F. and eff. Jan. 7, 1970.
• Amended: F. Oct. 8, 1971; eff. Oct. 28, 1971.
• Amended: F. Jan. 20, 1972; eff. Feb. 9, 1972.
• Amended: F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. June 30, 1976; eff. July 20, 1976.
• Amended: F. Mar. 15, 1979; eff. Apr. 4, 1979.
• Amended: F. Nov. 8, 1979; eff. Dec. 1, 1979, as specified by the Agency.
• Repealed: New Rule, same title adopted. F. Nov. 21, 1983; eff. Dec. 11, 1983.
• Amended: F. Jan. 7, 1985; eff. Feb. 1, 1985; as specified by the Agency.
• Amended: F. Apr. 29, 1985; eff. May 19, 1985.
• Amended: F. Aug. 23, 1993; eff. Sept. 12, 1993.
• Repealed: New Rule, same title adopted. F. July 9, 2001; eff. July 29, 2001.
• Amended: F. Dec. 9, 2005; eff. Jan. 1, 2006, as specified by the Agency.
• Amended: F. Jan. 4, 2007; eff. Jan. 24, 2007.
• Amended: F. Dec. 10, 2007; eff. Jan. 1, 2008, as specified by the Agency.
• Amended: F. Apr. 1, 2008; eff. Apr. 28, 2008, as specified by the Agency.
• Amended: F. December 10, 2012; eff. January 1, 2013, as specified by the Agency.
• Amended: F. Oct. 1, 2013; eff. Oct. 21, 2013.
• Amended: F. Aug. 5, 2014; eff. Aug. 25, 2014.
• Amended: F. Oct. 6, 2015; eff. Oct. 26, 2015.
• Amended: F. Nov. 8, 2016; eff. Nov. 28, 2016.
• Amended: F. June 11, 2017; eff. July 1, 2017.
• Amended: F. Aug. 9, 2018; eff. Aug. 29, 2018.
• Amended: F. June 11, 2021; eff. July 1, 2021.
• Amended: F. June 11, 2023; eff. July 1, 2023.

Ga. Comp. R. & Regs. r. 475-3-.06 Time-Served Requirements for Parole Consideration {#sec-ga.-comp.-r.-regs.-r.-475-3-.06 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.06}

(1) An inmate serving a life sentence, for which parole is authorized by law, is automatically considered for parole on the date permitted by applicable constitutional or statutory law.

(2) An inmate serving a sentence other than life imprisonment, for which parole consideration is authorized by law, is considered under Parole Decision Guidelines. After investigations are complete, the Board applies the Parole Decision Guidelines to the particular circumstances of the inmate's case and notifies the inmate that he or she is denied parole throughout his or her confinement or notifies the inmate of a tentative parole month for some future time.

(3) If, upon the initial application of the Parole Decision Guidelines System, it is recommended that an inmate be denied parole throughout his or her confinement, the inmate will be considered for parole at the expiration of one-third of the sentence or sentences.

History

• Authority: O.C.G.A. Secs. 16-8-83, 17-10-6.1, 17-10-7, 17-10-16, 42-9-20, 42-9-39, 42-9-40, 42-9-42, 42-9-45
• History. Original Rule entitled "Time-Served Requirements for Parole Consideration" adopted. F. and eff. January 7, 1970.
• Amended: F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. Mar. 15, 1979; eff. Apr. 4, 1979.
• Repealed: New Rule of same title adopted. F. Nov. 21, 1983; eff. Dec. 11, 1983.
• Amended: F. Aug. 23, 1993; eff. Sept. 12, 1993.
• Amended: F. July 22, 1998; eff. August 11, 1998.
• Amended: F. Oct. 21, 2004; eff. Nov. 10, 2004.

Ga. Comp. R. & Regs. r. 475-3-.07 Notification to Officials {#sec-ga.-comp.-r.-regs.-r.-475-3-.07 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.07}

(1) When the Board issues a parole order, a notice of parole will within 72 hours be sent to the presiding judge, district attorney, and sheriff of the county of conviction and to the sheriff of the county of the parolee's last residence if this was in Georgia.

(2) Repealed.

(3) When the Board seriously considers commuting an inmate's sentence, it may notify the sentencing judge and invite him to express his views on the proposed action.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1964, pp. 487, 489; Ga. L. 1972, p. 410; Ga. L. 1975, pp. 793, 794; Ga. L. 1980, pp. 1382-1388
• History. Original Rule entitled "Notification to District Attorney" adopted. F. and eff. January 7, 1970.
• Repealed: New Rule of same title adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. June 30, 1976; eff. July 20, 1976.
• Amended: Rule retitled "Notification to Officials". F. Oct. 21, 1980; eff. Nov. 10, 1980.
• Amended: F. Oct. 31, 1983; eff. Nov. 20, 1983.
• Amended: F. June 12, 1991; eff. July 2, 1991.

Ga. Comp. R. & Regs. r. 475-3-.08 Parolee Hearings {#sec-ga.-comp.-r.-regs.-r.-475-3-.08 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.08}

(1) Whenever information is received that a parolee or conditional releasee has violated the conditions of his parole or release in a material respect, one Board member may issue a warrant for parolee's arrest. When the alleged violation is absconding from parole supervision or when the parolee or releasee is otherwise not available to the Board for a hearing,a temporary revocation order, which suspends the running of the releasee's or parolee's time from the date of the order, may be issued with the warrant.

(2) Any person charged with violation(s) of the conditions of his parole or conditional release will be afforded a preliminary hearing at or near the site of the alleged violation before a Board representative not directly involved in the case. The purpose of this hearing is to determine whether there is probable cause to believe that there was a violation of parole conditions and whether the parole or releasee should be held under arrest pending the Board's decision concerning revocation.

(3) A preliminary hearing need not be held when the parolee or releasee has been convicted of a new offense in a court of record, absconded from supervision, has not been arrested on the Board's warrant prior to the final hearing, signs a waiver of preliminary hearing, or has admitted the violation of the conditions of his release.

(4) Any person charged with the violation of his parole or conditional release will be given sufficient notice of the preliminary hearing to prepare his case. The parolee or releasee may retain counsel. At the preliminary hearing, the parolee or releasee may present witnesses and documentary evidence in his own behalf and cross-examine persons giving evidence at the preliminary hearing, unless the representative conducting the hearing determines that the safety of the informant would be jeopardized by a revelation of his identity to the parolee or releasee. The parolee or releasee will not be required to make any statement or answer any questions. However the Board authorizes its representatives to administer oaths to those offering evidence at the preliminary hearing.

(5) Any person charged with the violation of his parole or conditional release will be afforded a final hearing before the Board, unless he has been convicted of a new crime or admits the violation and waives the right to such hearing. The final hearing shall be an informal, non-adversary proceeding. The parolee or releasee may retain counsel to represent him.

(6) At the final hearing the Board will advise the parolee or releasee of his rights which are as follows:

(a) The right to retain counsel;

(b) The right to make statements and/or answer questions;

(c) The right to remain silent and that what he says may be used against him;

(d) The right to present witnesses or documentary evidence in his behalf.

(7) The parolee or releasee will be afforded a copy of the order of revocation should the Board determine to revoke the parole or conditional release.

(8) In conjunction with or instead of revoking a release, the Board may, for cause, withhold or require forfeiture of Earned Time.

(a) The Board may grant Earned Time to parolees and other conditional releases in the same amount that an inmate may receive while in confinement.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1955, pp. 351, 352; Ga. L. 1964, pp. 487-489, 497-499; Ga. L. 1965, pp. 478- 480; Ga. L. 1980, pp. 402-403
• History. Original Rule entitled "Parole Violator Hearings" was filed and effective on January 7, 1970.
• Amended: Rule repealed and a new Rule entitled "Parolee Hearings" adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. Oct. 21, 1980; eff. Nov. 10, 1980.
• Amended: F. Apr. 29, 1985; eff. May 19, 1985.
• Amended: F. Jun. 21, 1994; eff. July 11, 1994.

Ga. Comp. R. & Regs. r. 475-3-.09 Records of Board are Confidential {#sec-ga.-comp.-r.-regs.-r.-475-3-.09 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.09}

(1) All information both oral and written received by the Board in the performance of its duty, not public record elsewhere or not obtained in a public hearing of the Board, shall be classified as confidential state secrets unless declassified by resolution of the Board.

(2) Requests for classified information must be submitted to the Board in writing and shall set forth the specific information desired and the reason therefor.

(3) The Board will not consider a disclosure of numerical division in the votes of the Board nor of the decision of an individual Board member in a decision to extend clemency except on request of the Governor or the Attorney General. The Board may make such a disclosure on its own motion where there is a unanimous consent of all Board members, or

(4) The Chairman of the Board may disclose, in his discretion, sufficient information to clarify misleading or erroneous allegations and when deemed in the best interest of the public and the parole system.

History

• Authority: Ga. L. 1943, pp. 185, 194; Ga. L. 1953 (Nov. Sess.), pp. 210, 211
• History. Original Rule entitled "Records of Board are Confidential" was filed and effective on January 7, 1970.
• Amended: Rule repealed and a new Rule of the same title adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.

Ga. Comp. R. & Regs. r. 475-3-.10 Other Clemency. Amended {#sec-ga.-comp.-r.-regs.-r.-475-3-.10 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.10}

(1) Reprieves:

(a) The Board may at its discretion grant reprieves to inmates usually for a limited number of days for compassionate reasons or medical reasons. Since the Department of Corrections has a policy of granting special leaves to inmates for compassionate and medical reasons with certain restrictions, the inmate should first seek leave with the Department of Corrections. Written requests for reprieves should be submitted to the Board and supported by written evidence on which the reprieve is sought.

(b) Requests for emergency reprieves for medical and compassionate reasons may be made by telephone to a representative of the Board or a Board member on weekends and official holidays.

(c) The Board may grant supervised reprieves to inmates of more extensive periods of time for compassionate, medical and other reasons. Applications for supervised reprieve may be in any written form supported by written evidence on which the reprieve is sought.

(d) Time on reprieve will be credited toward service of sentence provided the inmate complies with the conditions of the reprieve unless stated otherwise in the Board's order. However, should the reprieve be cancelled or rescinded due to noncompliance with the conditions thereof, no time served on reprieve will be credited as earned.

(e) All reprieve requests will be considered on the written record and no hearing will be held by the Board for such consideration.

(2) Commutation:

(a) The Board will consider the request of any offender, sentenced in a court of this State prior to July 1, 1970, that full credit toward service of sentence(s) be given for each day spent in confinement awaiting trial and for each day spent in confinement in connection with and resulting from an order entered in the criminal proceedings for which sentence was imposed, in any institution or facility for treatment or examination of a physical or mental disability. Credit for such time in confinement is automatically credited to offenders who were sentenced after June 30, 1970.

(b) Application for commutation of a death sentence may be in any written form and must contain grounds on which the request for commutation is based. After receiving an application, the Board will decide whether or not to consider commutation. This decision will be made after it appears that all appeals through the courts have ceased or been exhausted or anytime within 72 hours of the earliest time the execution could take place even if court action is still pending. Prior to the end of the court appeals, the Board will obtain complete information concerning the circumstances of the offense and criminal history. If the Board's decision is to consider commutation and sufficient time does not remain for the Board to conduct a complete and fair review of the case, the execution of the death sentence will be suspended for a period of time not to exceed ninety days in order to allow time for such a review. The review may or may not include a hearing.

(c) The Board will consider a commutation of a sentence imposed in other than death cases only when substantial evidence is submitted to the Board in writing that the sentence is either excessive, illegal, unconstitutional or void, that the ends of justice would be best served thereby, and that such action would be in the best interests of society and the inmate. Evidence submitted under this requirement must be direct evidence and affirmatively stated in a petition not exceeding five (5) typed or handwritten, double-spaced pages, exclusive of exhibits. Writing shall be on only one side of each sheet with a margin of not less than two inches at the top and a margin of at least one inch on the sides and bottom of each page. The review of such commutation requests will be based on the written record and will not include a hearing.

(3) A pardon is a declaration of record that a person is relieved from the legal consequences of a particular conviction. It restores civil and political rights and removes all legal disabilities resulting from the conviction. A pardon may be granted in two instances:

(a) A pardon may be granted to a person who proves his innocence of the crime for which he was convicted under Georgia law. Newly available evidence proving the person's complete justification or non-guilt may be the basis for granting a pardon. Application may be submitted in any written form any time after conviction and must not exceed five (5) typed or handwritten, double-spaced pages, exclusive of any exhibits. Writing shall be on only one side of each sheet with a margin of not less than two inches at the top and a margin of at least one inch on the sides and bottom of each page. The Board will provide notice to registered victim(s) of the crime(s) and the district attorney(s) of the judicial circuits out of which all known convictions have occurred when considering granting a pardon of innocence to an applicant who was convicted of a serious offense as defined in O.C.G.A. § 42-9-42(b)(1) ; the victim(s) and district attorney(s) will have 30 days from the date of the notice to submit any information he/she wishes the Board to consider before making its decision on this matter. The review of such application and any victim or district attorney response will be based on the written record and will not include a hearing.

(b) A pardon which does not imply innocence may be granted to an applicant convicted under Georgia law who has completed his/her full sentence obligation, including serving any probated sentence and paying any fine, and also been free of supervision (custodial or non-custodial) and/or criminal involvement for at least five consecutive years thereafter as well as five consecutive years immediately prior to applying for a pardon, unless the applicant was convicted of a sex offense and is still required to register on the sex offender registry, in which instance he/she must be free of supervision (custodial or non-custodial) and/or criminal involvement for at least ten consecutive years thereafter as well as ten consecutive years immediately prior to applying. The applicable waiting period may be waived if the waiting period is shown to be detrimental to the applicant's livelihood by delaying his/her qualifying for employment in his/her chosen profession. Application must be made by the ex-offender on a form available from the Board on request. The Board will provide notice to the registered victim(s) of the crime(s) and the district attorney(s) of the judicial circuits out of which all known convictions have occurred when considering granting a pardon that does not imply innocence to an applicant who was convicted of a serious offense as defined in O.C.G.A. § 42-9-42(b)(1) ; the victim(s) and district attorney(s) will have 30 days from the date of the notice to submit any information he/she wishes the Board to consider before making its decision on this matter. The review of such application and any victim or district attorney response will be based on the written record and will not include a hearing.

(4) Firearm Rights: The Board will consider restoring firearm rights to former offenders requesting a Pardon or Restoration of Civil and Political Rights or to whom the Board previously granted a Pardon or Restoration of Civil and Political Rights without firearm rights if the applicant has completed his/her full sentence obligation, including serving any probated sentence and paying any fine, and also been free of supervision (custodial or non-custodial) and/or criminal involvement for at least five consecutive years thereafter as well as five consecutive years immediately prior to applying for restoration of such rights, unless the applicant was convicted of a sex offense and is still required to register on the sex offender registry, in which instance he/she must be free of supervision (custodial or non-custodial) and/or criminal involvement for at least ten consecutive years thereafter as well as ten consecutive years immediately prior to applying. However, the Board will not consider restoring firearm rights to any former offender convicted of a federal offense or dishonorably discharged from the Armed Forces. The Board will provide notice to the registered victim(s) of the crime(s) and the district attorney(s) of the judicial circuits out of which all known convictions have occurred when considering restoring firearm rights to former offenders; the victim(s) and district attorney(s) will have ten days from the date of the notice to submit any information he/she wishes the Board to consider before making its decision on this matter. The review of such application and any victim or district attorney response will be based on the written record and will not include a hearing.

(5) Conditional Transfer. Although the presence of a detainer does not necessarily preclude parole, the Board may parole "to the detainer" which is an Order of Conditional Transfer.

(6) Removal of Disabilities. Under Georgia Law a person convicted of a felony involving moral turpitude loses his/her civil and political rights, including the right to vote, the right to hold public office, and the right to serve on a jury. The right to vote is restored automatically by operation of law upon completion of the sentence, including probation. Using an application form available on request, a person who was convicted under Georgia Law may apply for a Restoration of Civil and Political Rights. If the person was convicted under another state's law or under Federal law but is residing in Georgia and wishes to exercise civil and political rights in this State, he or she also may apply. A Restoration of Civil and Political Rights carries no implication of innocence and may be granted only to a person who has completed his or her full sentence obligation, including serving any probated sentence and paying any fine, and also been free of supervision (custodial or non-custodial) and/or criminal involvement for at least two consecutive years thereafter as well as two consecutive years immediately prior to applying for restoration of such rights. The two-year waiting period may be waived if the waiting period is shown to be detrimental to the applicant's livelihood by delaying his or her qualifying for employment in his or her chosen profession.

(7) Early Terminations and Discharges:

(a) The Board will consider an early termination of parole in the following circumstances:

1. The offender, serving a sentence for a non-violent offense, has served on parole two years with satisfactory adjustment in society.

2. The offender, serving a sentence for the offenses of First Degree Arson, Firearms Offenses, or Trafficking, has served on parole three years with a satisfactory adjustment in society.

3. The offender, serving a sentence for a violent offense, has served on parole five years with a satisfactory adjustment in society.

(b) Application for any early termination or discharge from parole may be made in any written form stating the basis on which the discharge is sought.

(8) Remission of a sentence is a lessening of the duration of confinement but does not reduce the length of term of the sentence. Any inmate whose confinement has been remitted to probated status may have the probation revoked by the Board thereafter for failure to carry out the terms and conditions thereof.

History

• Authority: Ga. Const. 1983, Art. 4, § 2, ¶ 2; O.C.G.A. §§ 42-9-1, 42-9-42, 42-9-45, 42-9-52, 42-9-54, 42-9-56
• History. Original Rule entitled "Other Clemency" adopted. F. and eff. Jan. 7, 1970.
• Repealed: New Rule of same title adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.
• Amended: F. June 30, 1976; eff. July 20, 1976.
• Amended: F. Dec. 16, 1976; eff. Jan. 5, 1977.
• Amended: F. Mar. 15, 1979; eff. Apr. 4, 1979.
• Amended: F. Oct. 14, 1983; eff. Nov. 3, 1983.
• Amended: F. Apr. 29, 1985; eff. May 19, 1985.
• Amended: F. Jan. 4, 2007; eff. Jan. 24, 2007.
• Amended: F. Nov. 8, 2007; eff. Nov. 28, 2007.
• Amended: F: Aug. 4, 2009; eff. Aug. 24, 2009.
• Amended: F: Oct. 11, 2012; eff. Nov. 1, 2012.
• Amended: F: December 12, 2012; eff. January 1, 2013, as specified by the Agency.
• Amended: F. Jan. 8, 2015; eff. Jan. 28, 2015.
• Amended: F. Oct. 6, 2015; eff. Oct. 26, 2015.
• Amended: F. June 11, 2021; eff. July 1, 2021.

Ga. Comp. R. & Regs. r. 475-3-.11 Repealed {#sec-ga.-comp.-r.-regs.-r.-475-3-.11 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.11}

History

• Authority: Ga. L. 1943, pp. 185, 194, Ga. L. 1964, pp. 487-498
• History. Original Rule entitled "Inmate Interviews by Board Members" adopted. F. Sept. 11, 1985; eff. Oct. 1, 1985.
• Repealed: F. Aug. 20, 1991; eff. Sept. 9, 1991.

Ga. Comp. R. & Regs. r. 475-3-.12 Repealed {#sec-ga.-comp.-r.-regs.-r.-475-3-.12 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.12}

History

• Authority: Ga. L. 1943, pp. 185, Sec. 23; 194; Ga. L. 1964, pp. 487-489, Sec. 1; Ga. L. 1969, p. 948, Sec. 1; Ga. L. 1985, p. 283, Sec. 1
• History. Original Rule entitled "Petition for Adoption or Amendment of Rules" was filed on April 29, 1985; effective May 19, 1985.
• Repealed: F. Jun. 12, 1991; eff. July 2, 1991.

Ga. Comp. R. & Regs. r. 475-3-.13 Repealed {#sec-ga.-comp.-r.-regs.-r.-475-3-.13 omnilex-key=us-ga-regs-official--department-475--Ga. Comp. R. & Regs. r. 475-3-.13}

History

• Authority: Ga. L. 1943, pp. 185, Sec. 23; 194; Ga. L. 1964, pp. 487-489, Sec. 1; Ga. L. 1969, p. 948, Sec. 1; Ga. L. 1985, p. 283, Sec. 1
• History. Original Rule entitled "Administrative Declaratory Rulings" was filed on April 29, 1985; effective May 19, 1985.
• Repealed: F. Jun. 12, 1991; eff. July 2, 1991.