---
title: O.C.G.A. § 42-9-20. General duties of board.
collection: code
id: 42-9-20
cite_as: O.C.G.A. § 42-9-20 (2025)
canonical_url: https://georgiacommons.org/code/42-9-20
md_url: https://georgiacommons.org/code/42-9-20.md
text_url: https://georgiacommons.org/code/42-9-20/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=577
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
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / PARDONS AND PAROLES / GENERAL PROVISIONS
---

# O.C.G.A. § 42-9-20. General duties of board.

(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.

## 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.

## 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.”

## Law Reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

## 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.