§ 42-9-43 — Information to be considered by board generally; conduct of investigation and examination; determination as to grant of relief

Georgia § 42-9-43

• Jurisdiction: Georgia
• Title: 42

Text

(a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be: (1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution; (2) A report of the conduct of record of the person serving a sentence for a serious violent felony, as such term is defined in Code Section 17-10-6.1 , who is in the custody of the Department of Corrections; (3) The results of such physical and mental examinations as may have been made of the person; (4) The extent to which the person appears to have responded to the efforts made to improve his or her social attitude; (5) The industrial record of the person while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he or she is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; (6) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; (7) The written statements or oral testimony, if any, of the district attorney of the circuit in which the person was sentenced expressing views and making any recommendation as to parole, conditional release, a pardon for a serious offense, as such term is defined in Code Section 42-9-42 , or commutation of a death sentence; (8) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics, including any information prepared by the victim or any individual offering or preparing information on behalf of the victim, for the purpose of the board's consideration of a parole, conditional release, pardon, or commutation of a death sentence if the victim has provided such information to the board; and (9) If the person is or was required to register pursuant to Code Section 42-1-12 , any court order issued releasing the person from registration requirements or residency or employment restrictions. (b) (1) As used in this subsection, the term: (A) "Debilitating terminal illness" means a disease that cannot be cured or adequately treated and that is reasonably expected to result in death within 12 months. (B) "Entirely incapacitated" means an offender who: (i) Requires assistance in order to perform two or more necessary daily life functions or who is completely immobile; and (ii) Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community. (C) "Necessary daily life function" means eating, breathing, dressing, grooming, toileting, walking, or bathing. (2) The board may issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness in accordance with Article IV, Section II, Paragraph II of the Constitution. (c) (1) The board shall give at least 30 days' advance written notification to the district attorney of the circuit in which the person was sentenced whenever it considers making a final decision on a pardon for a serious offense, as such term is defined in Code Section 42-9-42 , and at least 90 days' advance written notification to such district attorney prior to making a final decision on parole or conditional release for a person sentenced for a serious violent felony, as such term is defined in Code Section 17-10-6.1 , and shall provide the district attorney an opportunity to submit information and file a written objection to such actions and shall also provide the person being considered for parole or conditional release an opportunity to submit information. (2) Within 72 hours of receiving a request to commute a death sentence, the board shall provide written notification to the district attorney of the circuit in which the person was sentenced of the date set for hearing such request and shall provide the district attorney an opportunity to submit information and file a written response to such request. (3) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. (d) (1) Before releasing any person on parole or conditional release, granting a pardon, or commuting a death sentence, the board may have the person appear before it and may personally examine him or her and consider any information it deems relevant or necessary. When objections to relief have been tendered, the board may hold a hearing and consider oral testimony. If the board holds a hearing, it shall provide the district attorney of the circuit in which the person was sentenced 30 days' notice via email of such hearing date and the district attorney or his or her designee may attend such hearing and present evidence to the board and shall also provide the person being considered 30 days' notice of such hearing date and he or she may present evidence to the board. Upon consideration of the reports, files, records, information, and oral testimony submitted, the board shall make its findings and determine whether or not such person shall be granted a pardon, parole, or other relief within the power of the board and determine the terms and conditions thereof, and if such person is serving a split sentence, the board's conditions shall include all of the terms of probation imposed by the sentencing court. (2) Notice of the board's determination shall be given to the person being considered, the correctional official having him or her in custody, if applicable, the district attorney who submitted any information or objection, and the victim if the victim has expressed a desire for such notification and has provided the board with a current mailing or email address and telephone number. (e) If a person in custody is granted a pardon, parole, or conditional release, the correctional official having such person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person.

Legislative History

Amended by 2021 Ga. Laws 307,§ 42, eff. 5/10/2021. Amended by 2017 Ga. Laws 226,§ 2-11, eff. 7/1/2017. Amended by 2015 Ga. Laws 43,§ 4, eff. 7/1/2015. Amended by 2013 Ga. Laws 84,§ 19, eff. 7/1/2013. Amended by 2009 Ga. Laws 55,§ 2, eff. 7/1/2009.