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Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 9. PARDONS AND PAROLES · Article 2. GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF

42-9-41. Duty of board to obtain and place in records information respecting persons subject to relief or placed on probation; investigations; rules.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    It shall be the duty of the board to obtain and place in its permanent records information as complete as may be practicable on every person who may become subject to any relief which may be within the power of the board to grant. The information shall be obtained as soon as possible after imposition of the sentence and shall include:#

    1. (1)

      A complete statement of the crime for which the person is sentenced, the circumstances of the crime, and the nature of the person’s sentence;#

    2. (2)

      The court in which the person was sentenced;#

    3. (3)

      The term of his or her sentence;#

    4. (4)

      The name of the presiding judge, the prosecuting officers, the investigating officers, and the attorney for the person convicted;#

    5. (5)

      A copy of presentence investigation and any previous court record;#

    6. (6)

      A fingerprint record;#

    7. (7)

      A copy of all probation reports which may have been made; and#

    8. (8)

      Any social, physical, mental, or criminal record of the person.#

  2. (b)

    The board in its discretion may also obtain and place in its permanent records similar information on each person who may be placed on probation. The board shall immediately examine such records and any other records obtained and make such other investigation as it may deem necessary. It shall be the duty of the court and of all community supervision officers and other appropriate officers to furnish to the board, upon its request, such information as may be in their possession or under their control. The Department of Behavioral Health and Developmental Disabilities and all other state, county, and city agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the board and shall aid and assist it in the performance of its duties. The board may make such rules as to the privacy or privilege of such information and as to its use by persons other than the board and its staff as may be deemed expedient in the performance of its duties, provided that such rules do not conflict with Code Section 42-9-61.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1943, p. 185, § 12; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2015, p. 422, § 5-85/HB 310; Ga. L. 2017, p. 585, § 2-9/SB 174; Ga. L. 2019, p. 1056, § 42/SB 52.

Editor's notes

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). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).

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 585 to 586; merge action: carried; file SHA-256 1e701a9ff15b.