Current through Rules and Regulations filed through March 20, 2024
(1)
Reprieves:
(a) The Board may at
its discretion grant reprieves to inmates usually for a limited number of days
for compassionate reasons or medical reasons. Since the Department of
Corrections has a policy of granting special leaves to inmates for
compassionate and medical reasons with certain restrictions, the inmate should
first seek leave with the Department of Corrections. Written requests for
reprieves should be submitted to the Board and supported by written evidence on
which the reprieve is sought.
(b)
Requests for emergency reprieves for medical and compassionate reasons may be
made by telephone to a representative of the Board or a Board member on
weekends and official holidays.
(c)
The Board may grant supervised reprieves to inmates of more extensive periods
of time for compassionate, medical and other reasons. Applications for
supervised reprieve may be in any written form supported by written evidence on
which the reprieve is sought.
(d)
Time on reprieve will be credited toward service of sentence provided the
inmate complies with the conditions of the reprieve unless stated otherwise in
the Board's order. However, should the reprieve be cancelled or rescinded due
to noncompliance with the conditions thereof, no time served on reprieve will
be credited as earned.
(e) All
reprieve requests will be considered on the written record and no hearing will
be held by the Board for such consideration.
(2)
Commutation:
(a) The Board will consider the request of
any offender, sentenced in a court of this State prior to July 1, 1970, that
full credit toward service of sentence(s) be given for each day spent in
confinement awaiting trial and for each day spent in confinement in connection
with and resulting from an order entered in the criminal proceedings for which
sentence was imposed, in any institution or facility for treatment or
examination of a physical or mental disability. Credit for such time in
confinement is automatically credited to offenders who were sentenced after
June 30, 1970.
(b) Application for
commutation of a death sentence may be in any written form and must contain
grounds on which the request for commutation is based. After receiving an
application, the Board will decide whether or not to consider commutation. This
decision will be made after it appears that all appeals through the courts have
ceased or been exhausted or anytime within 72 hours of the earliest time the
execution could take place even if court action is still pending. Prior to the
end of the court appeals, the Board will obtain complete information concerning
the circumstances of the offense and criminal history. If the Board's decision
is to consider commutation and sufficient time does not remain for the Board to
conduct a complete and fair review of the case, the execution of the death
sentence will be suspended for a period of time not to exceed ninety days in
order to allow time for such a review. The review may or may not include a
hearing.
(c) The Board will
consider a commutation of a sentence imposed in other than death cases only
when substantial evidence is submitted to the Board in writing that the
sentence is either excessive, illegal, unconstitutional or void, that the ends
of justice would be best served thereby, and that such action would be in the
best interests of society and the inmate. Evidence submitted under this
requirement must be direct evidence and affirmatively stated in a petition not
exceeding five (5) typed or handwritten, double-spaced pages, exclusive of
exhibits. Writing shall be on only one side of each sheet with a margin of not
less than two inches at the top and a margin of at least one inch on the sides
and bottom of each page. The review of such commutation requests will be based
on the written record and will not include a hearing.
(3) A pardon is a declaration of record that
a person is relieved from the legal consequences of a particular conviction. It
restores civil and political rights and removes all legal disabilities
resulting from the conviction. A pardon may be granted in two instances:
(a) A pardon may be granted to a person who
proves his innocence of the crime for which he was convicted under Georgia law.
Newly available evidence proving the person's complete justification or
non-guilt may be the basis for granting a pardon. Application may be submitted
in any written form any time after conviction and must not exceed five (5)
typed or handwritten, double-spaced pages, exclusive of any exhibits. Writing
shall be on only one side of each sheet with a margin of not less than two
inches at the top and a margin of at least one inch on the sides and bottom of
each page. The Board will provide notice to registered victim(s) of the
crime(s) and the district attorney(s) of the judicial circuits out of which all
known convictions have occurred when considering granting a pardon of innocence
to an applicant who was convicted of a serious offense as defined in O.C.G.A.
§
42-9-42(b)(1); the victim(s) and district attorney(s) will have 30 days
from the date of the notice to submit any information he/she wishes the Board
to consider before making its decision on this matter. The review of such
application and any victim or district attorney response will be based on the
written record and will not include a hearing.
(b) A pardon which does not imply innocence
may be granted to an applicant convicted under Georgia law who has completed
his/her full sentence obligation, including serving any probated sentence and
paying any fine, and also been free of supervision (custodial or non-custodial)
and/or criminal involvement for at least five consecutive years thereafter as
well as five consecutive years immediately prior to applying for a pardon,
unless the applicant was convicted of a sex offense and is still required to
register on the sex offender registry, in which instance he/she must be free of
supervision (custodial or non-custodial) and/or criminal involvement for at
least ten consecutive years thereafter as well as ten consecutive years
immediately prior to applying. The applicable waiting period may be waived if
the waiting period is shown to be detrimental to the applicant's livelihood by
delaying his/her qualifying for employment in his/her chosen profession.
Application must be made by the ex-offender on a form available from the Board
on request. The Board will provide notice to the registered victim(s) of the
crime(s) and the district attorney(s) of the judicial circuits out of which all
known convictions have occurred when considering granting a pardon that does
not imply innocence to an applicant who was convicted of a serious offense as
defined in O.C.G.A. §
42-9-42(b)(1); the victim(s) and district
attorney(s) will have 30 days from the date of the notice to submit any
information he/she wishes the Board to consider before making its decision on
this matter. The review of such application and any victim or district attorney
response will be based on the written record and will not include a hearing.
(4) Firearm Rights: The
Board will consider restoring firearm rights to former offenders requesting a
Pardon or Restoration of Civil and Political Rights or to whom the Board
previously granted a Pardon or Restoration of Civil and Political Rights
without firearm rights if the applicant has completed his/her
full sentence obligation, including serving any probated sentence and paying
any fine, and also been free of supervision (custodial or non-custodial) and/or
criminal involvement for at least five consecutive years thereafter as well as
five consecutive years immediately prior to applying for restoration of such
rights, unless the applicant was convicted of a sex offense and is still
required to register on the sex offender registry, in which instance he/she
must be free of supervision (custodial or non-custodial) and/or criminal
involvement for at least ten consecutive years thereafter as well as ten
consecutive years immediately prior to applying.
However, the Board will not consider restoring firearm rights
to any former offender convicted of a federal offense or dishonorably
discharged from the Armed Forces. The Board will provide notice to the
registered victim(s) of the crime(s) and the district attorney(s) of the
judicial circuits out of which all known convictions have occurred when
considering restoring firearm rights to former offenders; the victim(s) and
district attorney(s) will have ten days from the date of the notice to submit
any information he/she wishes the Board to consider before making its decision
on this matter. The review of such application and any victim or district
attorney response will be based on the written record and will not include a
hearing.
(5) Conditional
Transfer. Although the presence of a detainer does not necessarily preclude
parole, the Board may parole "to the detainer" which is an Order of Conditional
Transfer.
(6) Removal of
Disabilities. Under Georgia Law a person convicted of a felony involving moral
turpitude loses his/her civil and political rights, including the right to
vote, the right to hold public office, and the right to serve on a jury. The
right to vote is restored automatically by operation of law upon completion of
the sentence, including probation. Using an application form available on
request, a person who was convicted under Georgia Law may apply for a
Restoration of Civil and Political Rights. If the person was convicted under
another state's law or under Federal law but is residing in Georgia and wishes
to exercise civil and political rights in this State, he or she also may apply.
A Restoration of Civil and Political Rights carries no implication of innocence
and may be granted only to a person who has completed his or her full sentence
obligation, including serving any probated sentence and paying any fine, and
also been free of supervision (custodial or non-custodial) and/or criminal
involvement for at least two consecutive years thereafter as well as two
consecutive years immediately prior to applying for restoration of such rights.
The two-year waiting period may be waived if the waiting period is shown to be
detrimental to the applicant's livelihood by delaying his or her qualifying for
employment in his or her chosen profession.
(7) Early Terminations and Discharges:
(a) The Board will consider an early
termination of parole in the following circumstances:
1. The offender, serving a sentence for a
non-violent offense, has served on parole two years with satisfactory
adjustment in society.
2. The
offender, serving a sentence for the offenses of First Degree Arson, Firearms
Offenses, or Trafficking, has served on parole three years with a satisfactory
adjustment in society.
3. The
offender, serving a sentence for a violent offense, has served on parole five
years with a satisfactory adjustment in society.
(b) Application for any early termination or
discharge from parole may be made in any written form stating the basis on
which the discharge is sought.
(8) Remission of a sentence is a lessening of
the duration of confinement but does not reduce the length of term of the
sentence. Any inmate whose confinement has been remitted to probated status may
have the probation revoked by the Board thereafter for failure to carry out the
terms and conditions thereof.
Ga.
Const. 1983, Art. 4, § 2, ¶ 2; O.C.G.A. §§
42-9-1, 42-9-42, 42-9-45, 42-9-52, 42-9-54, 42-9-56.
