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:
<ins>"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
</ins>
<ins>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.
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<ins>(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."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.