Senate · Introduced · 2025-2026 Regular Session

SB 25: Pardons and Paroles; procedures when a person is denied parole after completing certain prerequisites; provide

Last action January 27, 2025 · Senate Read and Referred

Senate Bill 25 would give Georgia inmates who complete rehabilitation programs or are serving life sentences new rights before a parole denial, including a video hearing with the full Parole Board and written reasons for any denial.

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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 chance to speak directly to the board or a detailed written explanation. 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 being considered for parole. Those offenders could request a video conference with all board members at least 30 days before their tentative parole date, where they can ask questions and present information about their case, programming, community ties, and the views of victims and prosecutors. If parole is denied or delayed, the board would have to issue written findings explaining its reasoning and disclose who it contacted for information. The bill also requires the board to notify all five members and pause for 14 days if three members tentatively vote to deny or delay parole, giving members a chance to reconsider. These duties would be mandatory (nondiscretionary) and enforceable in court under Georgia's mandamus law (O.C.G.A. § 9-6-20).

What the bill does

Creates a new Code section (42-9-43.2) letting eligible offenders request a video conference with the full Parole Board before a parole decision is finalized.
Requires the board to let offenders ask questions and present information on their offense, programming, community support, victim input, and prosecutor and court positions.
Requires the board to issue written findings of fact when it denies parole or delays the tentative parole release month, including who it contacted for information.
Requires notice to all board members and a 14-day hold period when three of five members tentatively vote to deny or delay parole, allowing votes to change.
Makes these procedures mandatory rather than optional and ties them to Georgia's mandamus enforcement law (O.C.G.A. § 9-6-20).

Who it affects

Georgia inmates who have maxed out performance incentive credits from the Department of Corrections or who are serving life sentences and up for parole, the State Board of Pardons and Paroles, victims and their families, prosecuting attorneys, and courts involved in the underlying criminal cases.

Why it matters

Eligible inmates would gain a direct chance to speak to the full board and receive a written explanation if denied parole, changes that could affect how and when some long-serving or program-completing offenders are released, and could add procedural steps and potential court involvement for the Parole Board.

Key provisions

Section 1 adds Code Section 42-9-43.2, defining eligible offenders as those with maximum performance incentive credits or those serving life sentences under parole review.
Subsection (a)(1) grants a right to a video conference with all board members at least 30 days before the tentative parole date to discuss five specific topics.
Subsection (a)(2) requires written findings of fact justifying any denial or delay, including disclosure of contacts made with offender or victim representatives.
Subsection (b) requires notifying all board members and holding a tentative denial or delay decision for 14 days if three members vote for it, allowing votes to change.
Subsection (c) makes these duties nondiscretionary and enforceable under Georgia's mandamus statute (O.C.G.A. § 9-6-20).
Section 2 repeals conflicting laws.

From the bill

“such offender may request: (1) A video conference at least 30 days in advance of the tentative parole date with all members of the board before any decision can be made on parole”
Establishes the core right to a video hearing with the full Parole Board before a decision.

“All duties prescribed in subsection (a) of this Code section are nondiscretionary and shall be subject to the provisions of Code Section 9-6-20.”
Makes the new procedures mandatory and legally enforceable through Georgia's mandamus law.

Status timeline

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

Topics

parole procedures
criminal justice
prisoner rights
Georgia Board of Pardons and Paroles

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