Senate · Introduced · 2025-2026 Regular Session

SB25: SB25 Pardons and Paroles; procedures when a person is denied parole after completing certain prerequisites; provide

Last action January 27, 2025 · Senate Read and Referred

A Georgia Senate bill would give certain inmates who complete top incentive programs or who are serving life sentences a video hearing before the State Board of Pardons and Paroles and written reasons if parole is denied or delayed.

In plain language

Under current Georgia law, the State Board of Pardons and Paroles can deny or delay someone's parole without giving that person a hearing before the full board or detailed written reasons. This bill changes that for a specific group: offenders who have earned the maximum credits under a Department of Corrections performance incentive program, or offenders serving a life sentence who are up for parole review. Those offenders could request a video conference with all board members at least 30 days before their tentative parole date, where they could ask questions and present information about their offense, programming, community support, victim input, and the views of the prosecutor and court. If the board denies or delays release, it would have to issue written findings explaining the decision, including who it contacted for information and how. The bill also requires that if three of the five board members tentatively vote to deny or delay parole, the other two must be notified and given 14 days to discuss the case before the decision is finalized. These duties are described as mandatory, not discretionary.

What the bill does

Lets offenders who maxed out a Department of Corrections incentive program, or who are serving a life sentence, request a video hearing with the full parole board before a parole decision.
Requires the hearing be scheduled at least 30 days before the tentative parole date and allow the offender to raise five specific categories of information.
Requires the board to issue written findings explaining any denial or delay of parole, including who was contacted for input and how.
Requires that if three board members tentatively vote to deny or delay parole, the other two members get notice and 14 days to weigh in before the decision is final.
States that these new requirements are mandatory (nondiscretionary) and subject to Georgia's mandamus law (O.C.G.A. § 9-6-20), which lets someone sue to force a public official to perform a legal duty.

Who it affects

Georgia inmates who have maxed out a prison performance incentive program or are serving life sentences and are up for parole, the State Board of Pardons and Paroles, victims and their families who may be contacted for input, and prosecutors and courts whose positions the board must consider.

Why it matters

For eligible inmates, this would create a formal right to be heard by the full board and to receive a written explanation if parole is denied, rather than relying on the board's current discretion. It also changes how the board itself must handle close votes among its five members before finalizing a denial.

Key provisions

Adds a new Code section, O.C.G.A. § 42-9-43.2, to Georgia's parole law under Article 2 of Chapter 9 of Title 42.
Subsection (a)(1) creates the right to a video conference with all board members at least 30 days before the tentative parole date, covering the offense, programming, community ties, victim input, and prosecutor/court positions.
Subsection (a)(2) requires written findings of fact justifying any denial or delay, including details on contacts made with the offender's or victim's representatives.
Subsection (b) requires notifying the two non-majority board members and giving them 14 days to discuss and potentially change votes when three members tentatively vote to deny or delay parole.
Subsection (c) declares these duties nondiscretionary and ties them to Georgia's mandamus statute (O.C.G.A. § 9-6-20), which allows legal action to compel official duties.
Section 2 repeals all conflicting laws.

Status timeline

2025-01-27Senate Read and Referred (Senate)
2025-01-17Senate Hopper (Senate)

Topics

parole procedures
criminal justice
state pardons and paroles board
life sentences
prisoner rights