Georgia CommonsSB 25: Pardons and Paroles; procedures when a person is denied parole after completing certain prerequisites; provide
Introduced version, the latest LegiScan holds · Last action January 27, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 25
By: Senators McLaurin of the 14th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th, Halpern of the 39th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide for procedures when a person is denied parole after completing certain prerequisites; to provide for a video conference hearing where prospective parolees can be heard and seek information from the board; to provide that the board submit written findings if the tentative parole month is delayed; to provide notice to members of the board when a majority votes to deny or delay release; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding a new Code section to read as follows:
"42-9-43.2.
(a) If any offender has accumulated the maximum number of credits available under any performance incentive program provided by the Department of Corrections, or if such offender is serving a sentence of life imprisonment and is being considered or reconsidered for parole, 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, in which the offender has a reasonable opportunity to present information and questions to the board regarding:
(A) The nature of the offense, including any procedural matters relating to the conviction and sentencing of such offense;
(B) The conduct and completion of programming while the offender was incarcerated;
(C) Community ties and other support for the offender;
(D) The victim or victim's family or other individuals that would be affected by the offender's release; and
(E) The position of the prosecuting attorney and the court regarding the offender's case; and
(2) Written findings of fact, including the queries provided in paragraph (1) of this subsection, that provide the basis for the board's decision to deny parole or delay such offender's tentative parole release month, and provide on the record:
(A) Any affiliates or representatives of the offender that the board contacted and received information from regarding the offender's prospective release;
(B) Any affiliates or representatives of the victim or victims that the board contacted and received information from regarding the offender's prospective release; and
(C) Whether such contact was made telephonically, electronically, or in person.
(b) In any case where three members of the board have tentatively decided to deny parole or delay the tentative parole month, the other two members shall be notified of the tentative decision and given 14 days to hold the decision before it is issued. During such time such two members may discuss the decision with the other members of the board, and the majority who tentatively decided to deny parole or delay the tentative parole month shall, within their discretion, have the opportunity to change their votes.
(c) 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.