---
title: Ga. Const. Art. IV, Sec. II, Para. I. State Board of Pardons and Paroles.
collection: code
id: ga-const:art-iv-sec-ii-para-i
cite_as: Ga. Const. Art. IV, Sec. II, Para. I
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date: 2016
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---

# Ga. Const. Art. IV, Sec. II, Para. I. State Board of Pardons and Paroles.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

There shall be a State Board of Pardons and Paroles which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any such member shall be December 31 of the year in which the member’s term expires. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. A chairman shall be selected by the members of the board from its membership.

## Cross References

State Board of Pardons and Paroles, § 42-9-1 et seq.

## 1976 Constitution.

Art. IV, Sec. II, Para. I.

## Qualification of Membership.

This paragraph does not include any qualification of membership or any penalty by forfeiture of office for engaging in another business or profession. Partain v. Maddox, 227 Ga. 623, 182 S.E.2d 450 (1971) (see Ga. Const. 1983, Art. IV, Sec. I, Para. II).

## Authority of Governor as to Vacancies in Office.

The authority given to the Governor to fill a vacancy does not include the right to declare that a vacancy exists, or to accept an undated resignation given years before. Partain v. Maddox, 227 Ga. 623, 182 S.E.2d 450 (1971).

## Parole Conditions.

The trial court erred by requiring defendant to waive defendant’s fourth amendment right as a condition of parole, since any attempt by a court to impose its will over the Executive Department by attempting to impose as a part of a criminal sentence conditions operating as a prerequisite of or becoming automatically effective in the event of a subsequent parole of defendant by the State Board of Pardons and Parole would be a nullity and constitute an exercise of power granted exclusively to the Executive. Stephens v. State, 207 Ga. App. 645, 428 S.E.2d 661 (1993).