Georgia CommonsTitle 42. PENAL INSTITUTIONS · Chapter 9. PARDONS AND PAROLES · Article 1. GENERAL PROVISIONS
42-9-20. General duties of board.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
In all cases in which the chairperson of the board or any other member designated by the board has suspended the execution of a death sentence to enable the full board to consider and pass on same, it shall be mandatory that the board act within a period not exceeding 90 days from the date of the suspension order. In the cases which the board has power to consider, the board shall be charged with the duty of determining which inmates serving sentences imposed by a court of this state may be released on pardon or parole and fixing the time and conditions thereof. The board shall also be charged with the duty of determining violations of parole and taking action with reference thereto and making such investigations as may be necessary. It shall be the duty of the board personally to study the cases of those inmates whom the board has power to consider so as to determine their ultimate fitness for such relief as the board has power to grant. The board by an affirmative vote of a majority of its members shall have the power to commute a sentence of death to one of life imprisonment.#
- (b)
The board shall provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 15-12-40.1, without charge and in the electronic format requested.#
History
Ga. L. 1943, p. 185, § 11; Ga. L. 1973, p. 1294, § 1; Ga. L. 1982, p. 3, § 42; Ga. L. 1983, p. 500, § 6; Ga. L. 2014, p. 451, § 14/HB 776; Ga. L. 2015, p. 422, § 5-83/HB 310.
Editor's notes
Ga. L. 1983, p. 500, § 1, not codified by the General Assembly, provides: “It is the intent of this Act to implement certain changes required by Article IV, Section II of the Constitution of the State of Georgia.” Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Cross references
Powers of State Board of Pardons and Paroles, Ga. Const. 1983, Art. IV, Sec. II, Para. II. Authority of Governor to suspend execution of death sentences, Ga. Const. 1983, Art. V, Sec. II, Para. II and § 42-9-56. Imposition and review of death penalty generally, § 17-10-30 et seq.
Administrative rules and regulations
Duties of the Board, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Board of Pardons and Paroles, Duties of the Board, Rule 475-2-.01. Time-Served Requirements for Parole Consideration, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Board of Pardons and Paroles, Rules, Rule 475-3-.06.
Law reviews
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, pages 577 to 578; merge action: carried; file SHA-256 1e701a9ff15b.
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