Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-9-1 Declaration of legislative policy
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In recognition of the doctrine contained in the Constitution of this state requiring the three branches of government to be separate, it is declared to be the policy of the General Assembly that the duties, powers, and functions of the State Board of Pardons and Paroles are execu…
O.C.G.A. § 42-9-10 Legal adviser of board
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The Attorney General shall be the legal adviser of the board. History. Ga. L. 1943, p. 185, § 7. 42-9-11. Office quarters for board; supplies and equipment.
O.C.G.A. § 42-9-11 Office quarters for board; supplies and equipment
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The board shall have office quarters in the state capital. Supplies, stationery, and equipment shall be provided for the board in the same manner as they are provided for other departments, boards, commissions, bureaus, or offices of the state. History. Ga. L. 1943, p. 185, § 8. …
O.C.G.A. § 42-9-12 Sex offender registration, §42-1-12
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Sexual offender risk review board, §42-1-13. State board of pardons and paroles.
O.C.G.A. § 42-9-13 Reinstatement of incapacitated member upon recovery
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(a) Whenever the Governor has personal knowledge or receives information deemed by him to be reliable that a member of the board who has been determined to be incapacitated to perform the duties of 557 42-9-14 his office has overcome his incapacity, that his incapacity has been r…
O.C.G.A. § 42-9-14 Attorneys at law
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State board of pardons and paroles. Persons permitted to appear or practice before board for remuneration, §42-9-16. Automatic initial consideration. Cases in which inmate fails to serve time required for, §42-9-46. Board of pardons and paroles. Appearances or practice before boa…
O.C.G.A. § 42-9-15 Conflicts of interest by members or employees of board
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(a) Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profes…
O.C.G.A. § 42-9-18 Eligibility rules, §42-9-45
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Employees, §42-9-9. Conferring powers of law enforcement officers by board, §42-9-9.1. Expenses, §42-9-5.
O.C.G.A. § 42-9-19 Annual report of board
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On or before January 1 of each year, the board shall make a written report of its activities, copies of which shall be sent to the Governor, the Attorney General, each body of the General Assembly, and to such other officers and persons as the board may deem advisable. One copy o…
O.C.G.A. § 42-9-2 Creation of board
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Pursuant to Article IV, Section II, Paragraph I of the Georgia Constitution, there shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate. History. Ga. L. 1943, p. 185, § 1; Ga. L. 1972, p.…
O.C.G.A. § 42-9-20 General duties of board
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(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…
O.C.G.A. § 42-9-21 Supplies and equipment, §42-9-11
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Transaction of business. Quorum, §42-9-7. Transfer of functions to the community supervision board, §42-3-2. Travel expenses, §42-9-5. Youthful offender treatment. Notification of board, §42-7-6. Policies and procedures, §42-7-7. Bonds, surety. State board of pardons and paroles. …
O.C.G.A. § 42-9-22 Construction of chapter
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This chapter shall be liberally construed so that its purpose may be achieved. History. Ga. L. 1943, p. 185, § 28. ARTICLE 2 GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF
O.C.G.A. § 42-9-3 Definitions
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As used in this chapter, the term: (1) “Board” means the State Board of Pardons and Paroles. (2) “Community supervision officer” means a person who supervises probationers or parolees for the department. (3) “Department” means the Department of Community Supervision. (4) “Split s…
O.C.G.A. § 42-9-4 Appointments to board when Senate not in session
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Appointments made at times when the Senate is not in session shall be effective ad interim. History. Ga. L. 1973, p. 157, § 2. 551 42-9-6
O.C.G.A. § 42-9-40 Parole guidelines system
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(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 cons…
O.C.G.A. § 42-9-42 Specification of conditions, §42-9-44
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Confidentiality of information. Classification of information as confidential state secrets until declassified, §42-9-53. Divulgence of confidential state secrets, §42-9-53. Information placed in records respecting persons subject to relief. State board of pardons and paroles may make…
O.C.G.A. § 42-9-42.1 Editor’s notes
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— Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: ‘‘The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare o…
O.C.G.A. § 42-9-43 Judicial notice
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Seal, §42-9-8. Legal adviser. Attorney general, §42-9-10. Lodging and meals expenses, §42-9-5. Majority vote. Procedure for granting relief from sentence, §42-9-42. Medical reprieves, §42-9-43. Notification of decision, §42-9-47. Number of members, §42-9-2. Office quarters, §42-9-…
O.C.G.A. § 42-9-43.1 Citizenship status of prisoner; deportation
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(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 sha…
O.C.G.A. § 42-9-44 Prisons and prisoners
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Adult offenders. Programs for, §42-2-5.2. Department of corrections. Special school district for school age youth. Department as, §42-2-5.1. School districts. Prisons and prisoners. Department of corrections as special school district for school age youth, §42-2-5.1. Sex offender…
O.C.G.A. § 42-9-45 General rule-making power
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(a) The board may adopt and promulgate rules and regulations, not inconsistent with this chapter, touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and bond forfeit…
O.C.G.A. § 42-9-47 Notification of decision to parole inmate
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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 o…
O.C.G.A. § 42-9-48 Arrest of parolee or conditional release violator
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(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 th…
O.C.G.A. § 42-9-5 Compensation of board members
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The members of the board shall devote their full time to the duties of their office. Beginning July 1, 1999, the salaries of the members of the board shall be set by the Governor and their travel expenses and costs of lodging and meals shall be paid as provided in Code Section 45…
O.C.G.A. § 42-9-50 Revocations without hearing, §42-9-51
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Temporary revocation, §42-9-51. Rules and regulations. State board of pardons and paroles. General and special rules concerning terms and conditions of parole, §42-9-44. General rule-making power, §42-9-45. Information placed in records respecting persons subject to relief, §42-9…
O.C.G.A. § 42-9-52 Prisons and prisoners
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Contraband, §42-5-62. FORMS. Jailer’s oath, §42-4-2. Prisons and prisoners. Oath of office of wardens and superintendents and other correctional officers, §42-5-31. FRIVOLOUS ACTIONS. Prisoner litigation, §42-12-6. G GARNISHMENT. Probation. Delinquency of defendant in payment of …
O.C.G.A. § 42-9-53 State board of pardons and paroles
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Information respecting persons subject to relief. Duty of board to obtain and place in records, §42-9-41. Maintenance of records of persons contacting members of board on behalf of inmates, §42-9-18. Prisons and prisoners. Limited leave privileges, §42-5-84. Litigation of prisone…
O.C.G.A. § 42-9-54 Conditions
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Adoption of general and special rules, §42-9-44. Community service as condition of parole, §42-9-44.3. Family violence counseling program. Participation, §42-9-45. Granting relief from sentence, §42-9-42. Specification of conditions, §42-9-44.
O.C.G.A. § 42-9-55 Tobacco
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Providing tobacco for inmates. Knowledge and consent of jailer required, §42-4-13. Transfer of person in custody upon change of venue, §42-4-11. Trustees. Designation of inmates, §42-4-4. Tubercular inmates. Confinement and care, §42-4-6. Use of inmate for private gain, §42-1-5. V…
O.C.G.A. § 42-9-56 Restriction on Governor’s powers
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The Governor shall have no authority or power whatever over the granting of pardons or paroles. History. Ga. L. 1943, p. 185, § 21; Ga. L. 1983, p. 500, § 7.
O.C.G.A. § 42-9-59 Effect of chapter on previously granted pardons, paroles, and probations
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This chapter shall not affect pardons, paroles, or probations acted upon prior to February 5, 1943. History. Ga. L. 1943, p. 185, § 27. 614 42-9-60 42-9-60. Overcrowding of prison system as creating state of emergency; paroling inmates to reduce prison system population to capaci…
O.C.G.A. § 42-9-6 Board chairman
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(a) Each year the board shall elect one of its members to serve as chairman of the board for the ensuing year. (b) The chairman shall draw no salary from the state in addition to that which he receives as a member of the board. 552 History. Ga. L. 1943, p. 185, § 4; Ga. L. 1983, …
O.C.G.A. § 42-9-60 State board of pardons and paroles
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Annual report, §42-9-19. Prisons and prisoners. Duties of commissioner of corrections, §42-2-8. Wardens and superintendents monthly reports, §42-5-33. Probation. Agreements for probation services. Quarterly report to judge and council, §42-8-108. Review of uniform professional st…
O.C.G.A. § 42-9-61 Request for report; disclosure’s impact on confidentiality
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(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 …
O.C.G.A. § 42-9-7 Board quorum
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A majority of the board shall constitute a quorum for the transaction of all business except as otherwise provided in this chapter. History. Ga. L. 1943, p. 185, § 6.
O.C.G.A. § 42-9-8 Official board seal
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The board shall adopt an official seal of which the courts shall take judicial notice. History. Ga. L. 1943, p. 185, § 5. 553 42-9-9 42-9-9. Board employees; “disability” defined; awarding of badges. (a) The board may appoint such clerical, stenographic, supervisory, and expert as…
O.C.G.A. § 42-9-80 Short title
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This article shall be known and may be cited as “The Interstate Compact for Adult Offender Supervision.” History. Code 1981, § 42-9-80, enacted by Ga. L. 2002, p. 1297, § 1.
O.C.G.A. § 42-9-81 Execution of compact
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The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows: “ARTICLE I. PURPOSE. The compacting states to this Interstate Compact recognize…
O.C.G.A. § 42-9-82 Powers of Governor with respect to compact
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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 requi…
O.C.G.A. § 42-9-9 Community supervision officers
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Death in the line of duty. Provision to survivors, §42-3-9. Prison guards. Retention of badge, §42-5-35. BAWDYHOUSES. Abatement of nuisances. Places used for unlawful sexual purposes, §§41-3-1 to 41-3-13. BILLIES. Unauthorized possession by prison inmate, §42-5-63. BLACKJACK. Una…
O.C.G.A. § 42-9-9.1 Expenses, §42-9-5
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Full-time duties, §42-9-5. General assembly members. Appearances before board on behalf of persons under jurisdiction of board, §42-9-17. Maintenance of records of persons contacting members of board on behalf of inmates, §42-9-18. 51 INDEX PARDONS AND PAROLES —Cont’d Board of pa…
O.C.G.A. § 42-9-90 Application fee required for transfer consideration
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(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 comm…