--- title: Title 17, Chapter 10. Sentence and Punishment collection: code id: code:chapter:17-10 canonical_url: https://georgiacommons.org/code/title/17/chapter/10 md_url: https://georgiacommons.org/code/17-10.md 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/17.md previous: https://georgiacommons.org/code/17-9.md next: https://georgiacommons.org/code/17-11.md index: https://georgiacommons.org/code/index.md heading: SENTENCE AND PUNISHMENT title_heading: CRIMINAL PROCEDURE section_count: 66 full_url: https://georgiacommons.org/code/17-10.md?full=1 --- # Title 17, Chapter 10. Sentence and Punishment Title 17. Criminal Procedure 66 sections. Each line is `citation, catchline, status, URL`; the text of every section, in order, is at https://georgiacommons.org/code/17-10.md?full=1 (capped, with a pointer to continue). - 17-10-1, Fixing of sentence; suspension or probation of sentence; change in sentence; eligibility for parole; prohibited modifications; exceptions, active, https://georgiacommons.org/code/17-10-1.md - 17-10-1.1, Judicial consideration of victim impact statement; form document; manner of rebuttal; effect of noncompliance; no creation of cause of action or right of appeal, active, https://georgiacommons.org/code/17-10-1.1.md - 17-10-1.2, Oral victim impact statement; presentation of evidence; cross-examination and rebuttal by defendant; effect of noncompliance; no creation of cause of action or right of appeal, active, https://georgiacommons.org/code/17-10-1.2.md - 17-10-1.3, Factoring into sentencing determinations citizenship status of convict, active, https://georgiacommons.org/code/17-10-1.3.md - 17-10-1.4, Split sentence, active, https://georgiacommons.org/code/17-10-1.4.md - 17-10-2, Conduct of presentence hearings in felony cases; effect of reversal for error in presentence hearing, active, https://georgiacommons.org/code/17-10-2.md - 17-10-3, Punishment for misdemeanors generally, active, https://georgiacommons.org/code/17-10-3.md - 17-10-3.1, Punishment for violations of Code Section 40-6-391, active, https://georgiacommons.org/code/17-10-3.1.md - 17-10-4, Punishment for misdemeanors of a high and aggravated nature, active, https://georgiacommons.org/code/17-10-4.md - 17-10-5, Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less, active, https://georgiacommons.org/code/17-10-5.md - 17-10-6, Review of sentences of imprisonment for period exceeding 12 years by three-judge panel, repealed (no version in force today), https://georgiacommons.org/code/17-10-6.md - 17-10-6.1, Punishment for serious violent offenders; authorization for reduction in mandatory minimum sentencing, active, https://georgiacommons.org/code/17-10-6.1.md - 17-10-6.2, Punishment for sexual offenders, active, https://georgiacommons.org/code/17-10-6.2.md - 17-10-6.3, Disposition of cases currently under review by three-judge panel; duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel, active, https://georgiacommons.org/code/17-10-6.3.md - 17-10-7, Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense, active, https://georgiacommons.org/code/17-10-7.md - 17-10-8, Payment of fine in felony case; rebate or refund of fine not permitted upon revocation of probation, active, https://georgiacommons.org/code/17-10-8.md - 17-10-8.1, Fee for legal defense services as condition of probation, active, https://georgiacommons.org/code/17-10-8.1.md - 17-10-9, Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal, active, https://georgiacommons.org/code/17-10-9.md - 17-10-9.1, Voluntary surrender to county jail or correctional institution; release of defendant, active, https://georgiacommons.org/code/17-10-9.1.md - 17-10-10, Concurrent sentences, active, https://georgiacommons.org/code/17-10-10.md - 17-10-11, Granting of credit generally; exceptions; use in determining parole eligibility; applicability of Code section, active, https://georgiacommons.org/code/17-10-11.md - 17-10-12, Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant, active, https://georgiacommons.org/code/17-10-12.md - 17-10-13, Legal adjudication of guilt in court having jurisdiction to precede assessment of punishment, active, https://georgiacommons.org/code/17-10-13.md - 17-10-14, Committal of person under 17 convicted of felony, active, https://georgiacommons.org/code/17-10-14.md - 17-10-15, AIDS transmitting crimes; requiring defendant to submit to HIV test; report of results, active, https://georgiacommons.org/code/17-10-15.md - 17-10-16, Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs, active, https://georgiacommons.org/code/17-10-16.md - 17-10-16.1, Seeking death penalty not prerequisite to life without parole sentence, active, https://georgiacommons.org/code/17-10-16.1.md - 17-10-17, Sentencing of defendants guilty of crimes involving bias or prejudice; identification of increased sentence, active, https://georgiacommons.org/code/17-10-17.md - 17-10-18, Notification to seek enhanced penalty, active, https://georgiacommons.org/code/17-10-18.md - 17-10-19, Determination of defendant’s guilt; object of the offense; enhancement of sentence, active, https://georgiacommons.org/code/17-10-19.md - 17-10-20, Collection of fines and restitution in criminal cases, active, https://georgiacommons.org/code/17-10-20.md - 17-10-21, Vacating of sentence for trafficking victim defendants, active, https://georgiacommons.org/code/17-10-21.md - 17-10-22, Consideration of past violence or abuse against defendant during sentencing, active, https://georgiacommons.org/code/17-10-22.md - 17-10-30, Procedure for imposition of death penalty generally, active, https://georgiacommons.org/code/17-10-30.md - 17-10-30.1, Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury, repealed (no version in force today), https://georgiacommons.org/code/17-10-30.1.md - 17-10-31, Requirement of jury finding of aggravating circumstance and recommendation of death penalty prior to imposition; arguments of counsel during sentencing phase; jury instructions; actions of judge in event of failure to reach unanimous verdict, active, https://georgiacommons.org/code/17-10-31.md - 17-10-31.1, Requirement of jury finding of aggravating circumstance and recommendation of sentence of death or life without parole; duties of judge; jury instruction on meaning of ‘‘life without parole’’ and ‘‘life imprisonment.’’, repealed (no version in force today), https://georgiacommons.org/code/17-10-31.1.md - 17-10-32, Sentencing of person indicted for capital offense to life imprisonment or other punishment upon plea of guilty, active, https://georgiacommons.org/code/17-10-32.md - 17-10-32.1, Sentencing of person subject to death penalty or life without parole upon plea of guilty; duties of judge, repealed (no version in force today), https://georgiacommons.org/code/17-10-32.1.md - 17-10-33, Imposition of sentence of death upon judgment of death; to whom copies of sentence sent; conveying defendant to state correctional institution; expenses of transporting defendant, active, https://georgiacommons.org/code/17-10-33.md - 17-10-34, Sentence to specify time period for and place of execution; appointing time period for execution of pregnant female, active, https://georgiacommons.org/code/17-10-34.md - 17-10-35, Review of death sentences by Supreme Court; forwarding of record and transcript; scope of review; written briefs and oral argument; similar cases to be included in decision; direct appeal to be consolidated with sentence review, active, https://georgiacommons.org/code/17-10-35.md - 17-10-35.1, Review of pretrial proceedings when death penalty is sought; reports investigating reversible error; transmittal of reports to Supreme Court; orders regarding review; Attorney General assistance; res judicata; applicability; waiver of rights, active, https://georgiacommons.org/code/17-10-35.1.md - 17-10-35.2, Hearing to determine appropriateness of interim appellate review of pretrial rulings, active, https://georgiacommons.org/code/17-10-35.2.md - 17-10-36, Establishment of unified review procedure by Supreme Court; effect on habeas corpus, active, https://georgiacommons.org/code/17-10-36.md - 17-10-37, Appointment of assistant to Supreme Court to review death sentences; employment of staff to compile data, active, https://georgiacommons.org/code/17-10-37.md - 17-10-38, Death sentences generally, active, https://georgiacommons.org/code/17-10-38.md - 17-10-39, Procedure for determination if female sentenced to death is pregnant; suspension of execution of sentence; issuance of new order for execution of sentence; entry of order upon minutes of court, active, https://georgiacommons.org/code/17-10-39.md - 17-10-40, Change of time period for execution when time period set for execution has passed; recordation on court minutes; length of and time limitation for new time period for execution; setting day and time for execution, active, https://georgiacommons.org/code/17-10-40.md - 17-10-41, Persons required to be present at executions, active, https://georgiacommons.org/code/17-10-41.md - 17-10-42, Preparation and filing of certification of execution, active, https://georgiacommons.org/code/17-10-42.md - 17-10-42.1, Participation of medical professionals in executions, active, https://georgiacommons.org/code/17-10-42.1.md - 17-10-43, Disposition of body of executed person; payment of expenses of transporting body, active, https://georgiacommons.org/code/17-10-43.md - 17-10-44, Apparatus, machinery, and appliances, active, https://georgiacommons.org/code/17-10-44.md - 17-10-60, ‘‘Mentally incompetent to be executed’’ defined, active, https://georgiacommons.org/code/17-10-60.md - 17-10-61, No execution upon determination of mental incompetency to be executed, active, https://georgiacommons.org/code/17-10-61.md - 17-10-62, Exclusive procedure for challenging mental competency to be executed, active, https://georgiacommons.org/code/17-10-62.md - 17-10-63, Filing of application; contents, active, https://georgiacommons.org/code/17-10-63.md - 17-10-64, Service of application, active, https://georgiacommons.org/code/17-10-64.md - 17-10-65, Answer by respondent, active, https://georgiacommons.org/code/17-10-65.md - 17-10-66, Examination of applicant, active, https://georgiacommons.org/code/17-10-66.md - 17-10-67, When application to be filed, active, https://georgiacommons.org/code/17-10-67.md - 17-10-68, Proof; disposition, active, https://georgiacommons.org/code/17-10-68.md - 17-10-69, Prior adjudication as presumption of mental competency, active, https://georgiacommons.org/code/17-10-69.md - 17-10-70, Appeals, active, https://georgiacommons.org/code/17-10-70.md - 17-10-71, Procedure upon convicted person’s regaining mental competency, active, https://georgiacommons.org/code/17-10-71.md