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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

42-9-52. Discharge from parole; earned-time allowance; granting of pardons, commutations, and remissions of fines, forfeitures, or penalties.

Active

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

  1. (a)

    No person who has been placed on parole shall be discharged therefrom by the board prior to the expiration of the term for which he or she was sentenced or until he or she shall have been duly pardoned or otherwise released as provided in this Code section or as otherwise provided by law.#

  2. (b)

    The board may adopt rules and regulations, policies, and procedures for the granting of earned time to persons while serving their sentences on parole or other conditional release to the same extent and in the same amount as if such person were serving the sentence in custody. The board shall also be authorized to withhold or to forfeit, in whole or in part, any such earned-time allowance.#

  3. (c)

    When a parolee or conditional releasee is serving a split sentence for a qualified offense, as such term is defined in Code Section 42-8-21, the board shall review such case after such parolee or conditional releasee has successfully completed 12 consecutive months of parole supervision to consider commutation of such sentence. The board may relieve a parolee or conditional releasee from making further reports and may permit such person to leave the state or county if satisfied that this is for the parolee’s or conditional releasee’s best interest and for the best interest of society. When a parolee or conditional releasee has, in the opinion of the board, so conducted himself or herself as to deserve a pardon or a commutation of sentence or the remission in whole or in part of any fine, forfeiture, or penalty, the board may grant such relief in cases within its power. The board may take into consideration whether or not a person is serving a split sentence in its determination of granting any relief.#

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, § 18; Ga. L. 1965, p. 478, § 3; Ga. L. 1980, p. 402, § 1; Ga. L. 2017, p. 585, § 2-14/SB 174.

Administrative rules and regulations

Other Clemency, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of State Board of Pardons and Paroles, Rules, Rule 475-3-.10.

Law reviews

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 621 to 622; merge action: carried; file SHA-256 1e701a9ff15b.