---
title: O.C.G.A. § 42-5-100. Termination of board’s power to award earned-time allowances.
collection: code
id: 42-5-100
cite_as: O.C.G.A. § 42-5-100 (2025)
canonical_url: https://georgiacommons.org/code/42-5-100
md_url: https://georgiacommons.org/code/42-5-100.md
text_url: https://georgiacommons.org/code/42-5-100/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t41-t42-(v29a)-2023-pdf.pdf?sfvrsn=4afea80d_0#page=343
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES / AWARDING EARNED-TIME ALLOWANCES
---

# O.C.G.A. § 42-5-100. Termination of board’s power to award earned-time allowances.

The earned-time allowances, which could have been awarded by the board to inmates based upon the performance of the inmate, in effect on December 31, 1983, shall not apply to:

(1) Those persons who commit crimes on or after January 1, 1984, and who are subsequently convicted and sentenced to the custody of the board;

(2) Those persons who have committed a crime prior to January 1, 1984, but who have not been convicted and sentenced as of December 31, 1983, and who are subsequently sentenced to the custody of the board, including those whose sentences have been probated or suspended, on or after January 1, 1984; however, such persons shall receive the full benefit of the earned-time allowances, in effect on December 31, 1983, and shall receive a release or discharge date computed as if they had been sentenced to the custody of the board, prior to December 31, 1983; or

(3) Those persons previously sentenced to the custody of the board, including those whose sentences have been probated or suspended, as of December 31, 1983; however, such persons shall receive the full benefit of the earned-time allowances in effect on December 31, 1983, and shall receive a release or discharge date the same as reflected in the records of such person on December 31, 1983, less any creditable earned time that such person could have earned as a result of forfeited earned time.

## History

Code 1981, § 42-5-100, enacted by Ga. L. 1983, p. 1340, § 2; Ga. L. 1984, p. 22, § 42.

## Cross References

Earned time allowance for persons sentenced for a misdemeanor of a high and aggravated nature, § 17-10-4.

## Editor's Notes

Ga. L. 1983, p. 1340, § 2, repealed former Code Section 42-5-100, pertaining to the enumeration of powers of the board regarding granting of earned-time allowances, and enacted the present Code section. The former Code section was based on Ga. L. 1976, p. 949, § 2; Ga. L. 1978, p. 985, §§ 2-4; and Ga. L. 1980, p. 2002, § 1.

## Law Reviews

For note, “Behind Closed Doors: An Em-pirical Inquiry Into the Nature of Prison Discipline in Georgia,” see 8 Ga. L. Rev. 919 (1974).

## Administrative Rules and Regulations

Departmental Operations, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Chapter 125-2.

Institutional and Center Operations, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Chapter 125-3.