---
title: O.C.G.A. § 42-9-46. Cases in which inmate has failed to serve time required for automatic initial consideration; objections.
collection: code
id: 42-9-46
cite_as: O.C.G.A. § 42-9-46 (2025)
canonical_url: https://georgiacommons.org/code/42-9-46
md_url: https://georgiacommons.org/code/42-9-46.md
text_url: https://georgiacommons.org/code/42-9-46/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=610
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.
up: https://georgiacommons.org/code/42-9.md
previous: https://georgiacommons.org/code/42-9-45.md
next: https://georgiacommons.org/code/42-9-47.md
index: https://georgiacommons.org/code/index.md
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 / PARDONS AND PAROLES / GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF
---

# O.C.G.A. § 42-9-46. Cases in which inmate has failed to serve time required for automatic initial consideration; objections.

When the board considers a case in which an inmate has not served the time required by Code Section 42-9-45 for automatic initial parole consideration, the board shall notify in writing, at least ten days prior to such early consideration, the sentencing judge, the district attorney of the circuit in which the inmate was sentenced, and any victim of a violation of Chapter 5 of Title 16 or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person’s contact information has been provided to the board with a current mailing or email address and telephone number. Such notice shall provide a time frame in which such individuals may file an objection to early parole consideration. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim shall be given notice of a hearing date if a hearing will be held and, in order to express their views and make their recommendation as to whether the inmate should be granted early parole, may appear at such hearing or may make a written statement to the board. If an objection was filed and the board grants early parole, it shall issue a statement explaining its reasoning for granting such parole and such statement shall be served on any party who filed an objection.

## History

Ga. L. 1972, p. 410, § 1; Ga. L. 1975, p. 793, § 1; Ga. L. 1990, p. 1001, § 1; Ga. L. 2015, p. 207, § 5/HB 71; Ga. L. 2017, p. 585, § 2-13/SB 174; Ga. L. 2021, p. 922, § 42/HB 497.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “email” for “e-mail” near the end of the first sentence.

## Law Reviews

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

## 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.