Parole Board Basics 
 
STATE BOARD OF PARDONS AND PAROLES 800 Peachtree Street, N.E., Room 610, Atlanta, Georgia 30308, Telephone: (404) 894-5360 
 
Fundamentals 
The State Board of Pardons and Paroles is composed of five members appointed by the Governor for seven-year terms subject to confirmation by the State Senate. Each year the Board elects one of its members to serve as chairman. 
The Board was established in 1943 by an amendment to the Georgia Constitution and functions as part of the Executive Branch of State governmen t. The Board is attached, for the purpose of receiving administrative support, to the Department of Offender Rehabilitation but performs its duties independently of that Department. 
The Role.of a Parole Board 
Executive clemency has a long history in America. It is typically administered today by an independent parole board, which performs a function vital if criminal justice is to remain a flexible and continuing process throughout. The parole board's existence assures that the executive branch of government, in addition to the legislative and judicial, has a discretionary role in criminal justice. 
The principle of separation of powers is upheld when the judiciary's regular involvement in a case ends at the time the offender is sentenced to prison. Then the parole board begins monitoring the inmate and drawing knowledge of the case from the court, police, prison, and society to form the basis of a just decision to grant or deny clemency. 
Persons are sentenced to prison for four purposes: punishment, incapacitation, deterrence, and rehabilitation. A parole board studies the need for and accomplishment of each of these purposes in eaeh case being considered. Justice demands that the handling of each case should be tailored to the crime and to the offender. 
A parole board's view of a case necessarily differs from that of a local court or law enforcement agency; the board can compare the case with thousands of others statewide. The board's unique central position and authority allow it to reduce sentencing disparity. Excessive harshness is more readily reduced, but excessive leniency in the form of a too-light confinement sentence may be corrected partially by parole denial. 
It would be difficult to over-estimate the importance of a parole board's investigative and decision-making authority being centralized. Any substitute prisoner-release mechanism triggered by numerous officials scattered in courthouses or prisons would be destined to be inequitable and probably not in the best interests of the citizens' safety or taxpayers' pocketbooks. 
Parole supervision works. This is the message from the Uniform Parole Reports Program of the National Council on Crime and Delinquency. Parole revocation rates nationwide have consistently been well below the recidivism rates for persons discharged straight from prison. In Georgia the parolee success rate regularly exceeds the national average. 
Discretion in releasing inmates appears inevitable. The question is where discretion is best placed and how it is best applied. The answer is provided in an independent, informed, just, and careful parole board. 
Rule-Making Authority 
The Board may at any time adopt rules not inconsistent with the law. 
Representation by Attorneys 
Representation by an attorney is not necessary for any type of clemency consideration. Consideration for parole is automatic, and application for other types of clemency is easy. Board procedures are not too formal or complex for the average person to understand. The decision whether to employ an attorney is a personal decision by the 
 
PAROLE ELIGIBILITY SCHEDULE 
 
FELONY 
Sentence Length In Years 
 
Parole Eligi bili ty 
Time 
 
2 and less. . . . . . . . . . . . . . 9 mo. 
 
2 10 mo. 1/2     .   .  .  . .   
 
3 
 
I yr. 
 
3Y2 
 
.. 
 
. . 1 yr. 2 mo. 
 
4. 
 
. . . . 1 yr. 4 mo. 
 
4Y2 
 
. 1 yr. 6 mo. 
 
5 
 
. 1 yr. 8 mo. 
 
6 
 
. 2 yr. 
 
7 
 
. 2 yr. 4 mo. 
 
8 
 
.. 2 yr. 8 mo. 
 
9 
 
. 3 yr. 
 
10 
 
. 3 yr. 4 mo. 
 
11 
 
.. 
 
. 3 yr. 8 mo. 
 
12 
 
.4yr. 
 
13 
 
. 4 yr. 4 mo. 
 
14 
 
. . .. . 4 yr. 8 mo. 
 
15 
 
5yr. 
 
20 
 
6 yr. 8 mo. 
 
11 and more . . . . 
 
7 yr. 
 
Life . . . . . . 
 
. 
 
7 yr. 
 
Death commuted by Board 
 
to Life after 1-1-77 
 
25 yr. 
 
Armed Robbery sentence for 
 
crime committed on or 
 
after 1-1-77 
 
At least 5 yr. 
 
MISDEMEANOR 
Consecu tive Sentenee Length 
In Months 
18 and less. 19 20 21 22 23 24 30 36 42 48 54 60 
 
Parole Eligi bili ty 
Time 
. 6 mo. .6 mo. 10 da. .6 mo. 20 da. .7 mo. .7 mo.l0da. . 7 mo. 20 da. .8 mo. lOrna. 12 mo. 14 mo. 16 mo. 18 mo. 20 mo. 
 
The Board is required by Georgia law to consider inmates for parole according to this eligibility schedule. Eligibility and consideration do not imply that parole will or will not be granted. 
 
offender, ex-offender, or anyone 'lcting in his behalf. 
Only licensed attorneys who are acti...~ members, in good standing, of the State Bar of G~PJgia may appear before the Board for a fee. The Bo~d may require an attorney representing a pers<Jn before the Board to file a sworn statement as to whether he is receiving a fee. 
A member of the Georgia General Assembly or other elected or appointed State official may not charge a fee for appearing before the Board regardless of whether he is an attorney. 
Written Communication Preferred 
The Board greatly prefers receiving written communication on a case rather than oral communication so that such communication may readily be made a permanent part of the case file. 
Confidentiality of Records 
AII information, both oral and written, received by the Board in the performance of its duty and which is not public record elsewhere and was not 
 
obtained in a public Board hearing is classified as confidential State secret unless declassified by resolution of the Board. Confidential information includes investigative and supervisory reports and recommendations for and against clemency. 
Majority Vote Decides Clemency 
A decision to grant any type of clemency is by majority vote. 
Acceptance of Conditions in Writing 
An inmate is informed of the conditions of his parole, reprieve, or other conditional clemency and must accept all conditions by signing the clemency document before the clemency will become effective. 
Withdrawal of Grant of Clemency 
The Board reserves the right to withdraw the grant of any form of clemency prior to the effective date if, in its discretion, it believes withdrawal to be justified. 
Earned Time 
The State Board of Pardons and Paroles does not administer the system of crediting Earned Time to an inmate's sentence for good behavior or good performance in prison. Only the Department of Offender Rehabilitation may credit, suspend the earning of, and remove Earned Time in prison. This system permits service of a non-life prison sentence in one-half its stated length. 
When a person is released on parole or other supervised release, his projected prison diseharge date with credited Earned Time becomes his projected date for discharge from supervision. 
Parole 
Parole is the discretionary release of an offender from confinement, after he has served part of his sentence, under continuing State custody and supervision and under conditions which, if violated, permit his reimprisonment. In Georgia, State and county inmates may be granted parole only by the State Board of Pardons and Paroles. 
Parole Rating Guidelines 
In the latter halfof 1979 the Parole Board plans to begin using parole rating guidelines to help render even more prompt, consistent, soundly based, and explainable parole decisions. The guidelines will incorporate the Board's philosophy that the more serious an inmate's offense, the longer he should be confined, and that the greater the probability he may violate parole, the less likely he will be paroled. 
The guidelines will be structured around a list of offenses ranked by the five Members according to offense severity. A second list will contain the other significant factors, such as prior criminal record and drug-abuse history, which have been scientifically identified from Georgia parolee ch'icords. An inmate's parole risk level will be detct1,nined by adding variously weighted unfavorable t::riminal and social characteristics, which increase his chances of becoming a parole failure. A guidelines chart will guide the Board to determine how long an inmate with a certain crimeseverity level, parole risk level, and court-imposed sentence length should serve in prison. Eventually, the plan is to tell the inmate early in his sentence exactly where he stands. (The guidelines will not be applied to inmates serving life sentcnces.) 
When the guidclines are fully implemented, it is intended to have a felony inmate interviewed within wecks aftcr he enters a State prison. Following that, thc Board expects to complete its investigations into his criminal and social history. Ultimately, it plans within nine months to tell 
 
 him whether to expect parole; if affirmative, when he may expect it; and show him, using the guidelines chart, why. If an inmate is given a tentative parole release date, it will be stressed to him that the parole will be postponed or cancelled if his prison record is not satisfactory. 
Because no chart can encompass all possible circumstances surrounding a parole decision, sometimes there will be a case in which the Board, in rendering its decision, decides to depart from guidelines. In such case the openness will continue via the requirement that any deviation from the guidelines will be justified in a written statement of the Board's reasons. 
The guidelines' most visible result will be to open to public scrutiny the parole decision process. When operational, the system should reveal and regulate the consistent exercise of discretion in paroling offenders and should provide for them an intelligently administered alternative to further incarceration. 
Parole Consideration 
An inmate serving a State felony or State misdemeanor sentence in the custody of the Department of Offender Rehabilitation is automatically considered for parole at the proper time. No application is necessary. 
An inmate serving a county misdemeanor sentence is considered for parole at the proper time if he has requested consideration. 
The Board will consider an inmate for parole regardless of appeals or other legal action by the inmate or his representative. If the offender, since receiving his current sentence, has not at any time entered custody of the Department of Offender Rehabilitation, he must request parole consideration. 
A request for parole consideration may be in any written form and must contain name under which the inmate was convicted, place where serving, offense(s), date(s), and court(s) of conviction, and length(s) of sentence(s). The request should be submitted as early as possible to allow enough time for necessary investigations. 
The Board may decide not to consider paroling an offender serving a Georgia sentence in custody at an out-of-State or Federal prison or at a mental hospital when favorable action of the Board would not result in the offender's release from confinement. 
Parole Decision by Independent Judgment 
When an inmate is considered for parole, the case file is given to one of the five Board members, who studies it, deliberates alone, and renders his independent decision. Then a staff member transfers the file to a second Board member, who writes his decision. This process continues until three decisions favoring parole or three decisions against parole have been colleeted. Thus every parole decision is the decision of a majority of the Board. 
Notification of Parole Decision 
On the same day an inmate's parole certificate is issued, he is sent a letter informing him of his tentative release date, which is approximately fourteen days later. A decision to grant parole is always tentative and may be reconsidered and reversed for cause prior to the inmate's release. 
An inmate denied parole is sent a letter informing him of the decision and giving reasons without disclosing confidential sources of information or possibly discouraging diagnostic opinions. 
Work Release Referral 
When an inmate is considered for parole, the Board may postpone a final parole decision until the inmate successfully completes at least four months on Work Release. An inmate thus selected for Work Release referral will be notified by letter, a copy of which will be sent to his warden. To the Work Release administrator in the Department of Offender Rehabilitation will go another copy, which will communicate the Board's request that the inmate be placed on Work Release. 
Consideration After Parole Denial 
An inmate not subject to parole rating guidelines who is denied parole is scheduled for his next parole consideration not more than three years later. 
 
Consideration After Escape 
An inmate who has escaped will not be considered for parole until his return to custody of Georgia prison authorities. If he was considered for parole before his excape, he will be scheduled for his next consideration one to three years after recapture. 
Consideration After Parole Revocation 
A person returned to prison after parole revocation or Youthful Offender Conditional Release revocation will be scheduled for parole consideration one to three years after revocation unless the Board directs otherwise in its order of revocation, votes to consider the case earlier, or unless a new sentence supersedes the revoked sentence for the purpose of computing parole eligibility. 
Time-Served Requirements for Parole 
Persons serving felony sentences or combination felony and misdemeanor sentences of less than twenty-one years become eligible for parole consideration after serving nine months or one-third of their sentences, whichever is greater. 
Persons serving felony sentences or combination felony and misdemeanor sentences of twen tyone or more years, including a life sentence, become eligible for parole consideration after serving seven years. 
Persons serving only misdemeanor sen tences become eligible for parole consideration after serving six months or one-third of their sentences, whichever is greater. 
To equate justice or in the best interests of society, the Board may make individual exceptions to the above time-served rules. 
Overriding the above rules where applicable, the Georgia Constitution states that persons who are convicted of Armed Robbery (committed on or after January 1, 1977) cannot be paroled or pardoned before serving at least five years, and states that persons whose death sentences are commuted by the Board to life imprisonment (on or after January 1, 1977) cannot be paroled or pardoned before serving 25 years. 
Exceptions to Time-Served Rules 
An inmate or his representative may apply to the Board in any written form presenting substantial evidence as to why the inmate should be considered for parole prior to his eligibility date. In determining whether to begin an investigation for a possible parole exception, the Board will consider the following: (I) A substantial showing that the sentence was 
excessively harsh and that a failure to grant an exception would be a miscarriage of justice. (2) A substantial showing of the necessity for early consideration to promote rehabilitation of the inmate. For example, such showing might include the inmate's proposed admission, within three months of the regular parole consideration date, into a college, university, technical school, or other educational facility which has acceptcd him for enrollment. Consideration will be given to the recommendation of the Department of Offender Rehabilitation, convincing evidence that the inmate can and will improve his situation through an early relcase and that he has already made substantial progress toward rehabilitation and will abide by the rules of a free society, and convincing evidence that con tinued incarceration of the inmate will serve no beneficial purpose. The Board emphasizes that family circumstances, business affairs, hardship, sickness, need, and other reasons shared almost universally by inmates are not such evidence on which the Board will make an exception. The Board considers a sentence imposed by a court to be fair, just, and correct unless there is a substantial showing to the contrary. 
Pre-Parole Investigations 
Before the Board initially considers an inmate for parole, it conducts investigations, detailed reports of which become a part of the Board's case file, which is separate from files maintained by the Department of Offender Rehabilitation. 
First, a parole officer studies arrest and court records and may talk with arresting officers, court officials, victims, and witnesses so he can write a Legal Investigation report on the details of the inmate's current offense and a summary of any prior offenses in the same county. 
 
IMPORTANT FACTORS IN PAROLE DECISION 
Certain factors have been designated by the Board as especially important when a person is considered for parole. The Board will not parole an inmate if there is substantial reason to believe he will engage in further criminal conduct or will not conform to specified conditions of parole. In its thorough and impartial investigation the Board will take into account any or all of the following factors: 
I. Prior History A. The inmate's employment history, education. and occupational skills and training (including military training). B. The inmate's past illegal use of controlled su bstances or past habitual and excessive use of alcohol. C. Any recommendations made by the sentencing court. D. The inmate's behavior and attitude during any previous experience of probation or parole. and the recency of such experience. E. Circumstances of the offense for which the inmate is serving a sentence. F. Any protests or recommendations filed with the Board regarding the inmate's suitability for parole. G. Any record which the inmate may have of past offenses. H. The inmate's reputation in the community. 
II. Prison Record ;\ The inmate's ability and readiness to assume obligations and undertake responsibilities. B. The inmate's vocational. educational, and other training since incarceration. 
c:. The inmate's conduct during his 
term of imprisonment. D. Any noticeable attitudinal change 
since the offense for which the inmate was incarcerated. E. The physical and cmotional status of the inmate. 1"- The inmate's positive cfforts on behalf of himself or on behalf of others. 
III. Forward View A. The inmate's family status, including whether his relatives display an interest in him or whether he has other close and constructive associations in the community. B. The type of residence, neighborhood, or community in which the inmate plans to live. C. The adequacy of the inmate's plans or prospects upon release. D. The availability of community resources to assist the inmate. 
Next, a parole officer interviews the inmate and completes a Personal History Statement questionnaire. The inmate is asked, among other things, where he has resided, attended school, and worked; who his family members are and where they live; whom he has chosen as references; where he plans to live and work; and what his own account is of his crime. 
Finally, a parole officer conducts a Social Investigation, which includes interviews with persons mentioned in the Personal History Statement as well as others. The written report presents a revealing picture of the inmate's life from birth to current imprisonment and may also indicate the degree of his truthfulness. 
Before any inmate is paroled, the Board reviews a Parole Review Summary from the Department of Offender Rehabilitation. This discusses the inmate's behavior, attitude, physical status, mental and cmotional condition, participation in activities, and performance in work and training. 
The Board may, at its discretion, request detailed psychological and! or psychiatric opinions 
 
 ~ 
 
before considering a case. Other documents in the case file usually include 
a Federal Bureau of Investigation record of arrests and convictions, Classification and Admission Summary (on the inmate's condition when he entered prison), Disciplinary Reports, all letters received, and summaries of information from headquarters visitors. 
Statewide Inmate Interview Program 
Time does not permit Board members personally to interview every inmate being considered for parole. However, under a continuing Board program, inmates nearing their parole consideration date are automatically selected for interview by a Board member if they meet certain criteria, which are available in writing on request. 
Visitors Welcome Every Tuesday 
The Board believes that enough information for parole consideration is obtained through regular official investigations. Therefore, the Board neither asks nor expects anyone to come to its Atlanta headquarters in hehalf of an inmate being considered for parole. Nevertheless, any person wishing to speak with a Board representative about a case is welcome to come to the Board's headquarters on any Tuesday which is not a State holiday hetween 8: 15 a.m. and 4: 15 p.m. No appointment is needed. Because the Board may begin reviewing a casc before the scheduled consideration month, a person desiring to talk about an inmate's parole consideration should do so as early as possible. 
Recommendations for Parole 
Soliciting recommendations or signatures on petitions is not required for favorable parole consideration. The views of persons familiar with a case arc ohtained through regular official investigations and kept confidential. The Board discourages seeking recommendations from officers of a court because many court officials do not consider this a proper judicial function. However, the Board welcomes information from any source, public or private, which may shed additional light on a case and welcomes voluntary recommendations or information from court and other public officials, from the inmate's relatives, neighbors, and friends, and from all others. 
Recommendations Against Parole 
The Board welcomes receiving all available information on a case, both favorable and unfavorable, and keeps such information and its source strictly confidential. Recommendations against granting parole should be made in writing over the signature of the writer or in person, and all reasons for opposing parole should be fully explained. 
Employment and Residence Plans 
It is necessary that an inmate have an acceptable employment offer or other definite means of support and an acceptable residence plan before his release on parole although not necessarily before the Board renders its decision. Special forms for offering employment and residence are available from the Board on request. The Board may, at its discretion, not require an employment plan for an aged or disabled inmate. 
Out-of-State Parole 
An inmate who wants to be paroled to another state should notify the Georgia State Board of Pardons and Paroles of his specific residence and employment plans, giving complete addresses. He may do this by informing the parole officer who interviews him for the Personal History Statement before his initial consideration or by writing directly to the Board. 
A prospective parolee has legitimate rcasons to request out-of-State parole if he has been a resident of the proposed receiving state, if his family lives there, and if suitable employment can be arranged before his release. The proposed receiving state wiil investigate the inmate's parole plans and will decide whether to accept him for supcrvision. The Georgia Board must also approve the inmate's parolc plans, and only the Georgia Board may grant parole. 
Detainer and Conditional Transfer 
A detainer indicating that an inmate is wanted to face charges or serve a sentence may be filed 
 
with the Department of Offender Rehabilitation by authorities in Georgia, another state, the Federal system, or the military. 
A detainer does not prevent an inmate from being considered at his normal parole consideration date. However, an inmate granted clemency would be conditionally transferred directly to the custody of the detaining authority. Only if the detaining authority released the person before the end of his Georgia sentence could his status, at the Board's discretion, actually become that of a parolee. 
Because detainers against Georgia inmates are filed with the Department of Offender Rehabilitation, all inquiries about them should be directed to that Department or to the detaining authority. 
Parole Supervision 
When released from confinement on parole, a parolee must report to his assigned parole officer without delay. The parole officer has two major responsibilities. First, the officer is a counselor who may help the parolee with family, budget, and job-placement problems, etc., or may refer the parolee to an appropriate agency for help. Second, the officer is responsible for assuring that the parolee understands the conditions of his release and that the conditions are followed. 
Arrest of Parolee 
When a parolee has reportedly violated a condition of his release, a Board warrant may be issued for his arrcst. If the allegcd violation is absconding from parole supervision or if the parolee is otherwise not availablc to the Board for a hearing, a temporary rcvocation order may be issued. This order suspends the running of the scntence from the date of the order. 
Preliminary Hearing for Alleged Violator 
A parolee charged with violating a parole condition will be afforded a preliminary hearing within a reasonable timc at or near the site of thc alleged violation before a Board hearing examiner not directly involved in the case. The purpose of this hearing is to determine whether there is probable cause to believe the parolee violated a parole condition and whether he should be held under arrest pending the Board's decision on revocation. 
The parolee will be given sufficient notice of the preliminary hearing to prepare his case. At the preliminary hearing the parolee may be represented by an attorney. The parolee may present witnesses and documentary evidence in his own behalf and cross-examine witnesses unless the hearing examiner conducting the hearing determines that a witness's safety would be jeopardized by revealing his identity. The parolee will be invited to make statements and answer questions but will not be required to do so. 
The hearing examiner who conducts the preliminary hearing may subpoena witnesses resident within the county of the alleged violation to appear at the hearing. He may also issue subpoenas for the production of documents or other written evidence at the hearing. 
A preliminary hearing need not be held when the parolee has been convicted of a new felony or misdemeanor in a court of record, has absconded from supervision, has signed a waiver of preliminary hearing, has admitted the violation to his parole officer, or has not been arrested on a Board warrant prior to a final hearing. 
Final Hearing for Alleged Violator 
A parolee charged with violating a parole condition will be afforded a final hearing before the Board unless he has been convicted of a new felony or misdemeanor in a court of record or admits the violation and signs a waiver of final hearing, but in either case the Board may decide to allow the parolee to continue on parole. The final hearing will be an informal, non-adversary proceeding, and the Board will consider all relevant evidence and information. 
At the final hearing the parolee will have the same rights a parolee has at a preliminary hearing as specified above. 
The Board may subpoena witnesses from throughou t Georgia to appear at the final hearing and may issue subpoenas for the production of documents or other written evidence at the hearing. 
After the final hearing the Board will decide by majority vote whether to continue or revoke parole. 
 
Discharge from Parole 
When a person is released on parole, his projected prison discharge date with credited Earned Time becomes his projected date for discharge from parole supervision. 
Early Discharge from Parole 
The Board will consider granting an early discharge from parole, upon petition from the parole officer, when the parolee has served four years on parole on a life sentence with a satisfactory adjustmen t in society or three years on parole on a life sentence with an exemplary adjustment in society; or when the parolee has served three years on parole on a lesser sentence with a satisfactory adjustment in society or two years on parole on a lesser sentence with an exemplary adjustment in society. The parolee who meets these requirements may apply to the Board through his parole officer for a Restoration of Civil and Political Rights with commutation. 
Reprieve 
Reprieve is the temporary suspension of a prison sentence to release an offender under conditions which, if violated, permit his reimprisonment. A reprieve may be granted by the State Board of Pardons and Paroles to release an inmate for compassionate reasons, for medical reasons, or for other reasons defined by Board policy. Because a reprieve, unlike a parole, is a sentence suspension, a reprievee returned to prison as a reprieve violator receives no credit on his sentence for the time spent on reprieve. 
Reprieve for Compassionate Reasons 
A reprieve lasting a few hours or a few days may be granted to an inmate so that he may visit a critically ill member of his immediate family or attend the funeral of a member of his immediate family. A reprieve may also be granted when a natural disaster or other unusual occurrence threatens the welfare of the inmate, members of his family, or the public at large. A reprieve for compassionate reasons will be granted at the Board's discretion only when it has been determined that the reprieve is compatible with the best interests of society and the State. An inmate granted a reprieve of this type will have the reprieve period credited to his sentence if he does not violate a condition of the reprieve. 
If there is not enough time to submit a request for a reprieve in writing, the Board will accept a request in person or by telephone. The request should include the name of the critically ill patient and his illness or the name of the deceased, telephone number of physician or funeral director who will confirm this information, relation of patient or deceased to inmate, hospital where patient is being treated or date, time, and location of funeral, a proposed residence during reprieve, and travel arrangemen ts. 
A prison warden, following certain standards set by the Department of Offender Rehabilitation, may authorize an emergency special leave within Georgia when there is serious illness or death in an inmate's immediate family. Therefore, an inmate thinking of requesting a reprieve for compassionate reasons from the Board should first request, if policy permits, an emergency special leave from his warden. 
Reprieve for Medical Reasons 
A medical reprieve may be granted to an inmate when it is shown he is suffering from a definable illness for which necessary treatment is available only outside the State prison system. The written request for such a reprieve should be supported by a specific and detailed statement from a physician. An inmate thinking of requesting a medical reprieve from the Board should first determine through his warden whether a special leave may be authorized by the Department of Offender Rehabilitation. 
Commutation 
Commu tation is the reduction of a sentence to one which is less severe. 
 
 r 
 
Commutation of Unjust Sentence 
The Board will consider commuting a sentence, other than a death sentence, only when it receives substantial written evidence that the sentence is either excessive, illegal, unconstitutional, or void; evidence that justice would be served by a commutation; and evidence that commutation would be in the best interests of society and the inmate. Application may be in any written form. 
Without convincing evidence to the contrary, the Board presumes that a court sentence is fair and correct. 
Commutation of Death Sentence 
The Board will consider an application for commutation of a death sentence and will hold a hearing if feasible. When sufficient time for consideration does not remain, the Board will request the Governor to grant a stay of execution. If the Governor refuses the Board's request for a stay of execution, the Board is prohibited under the Georgia Constitution from granting clemency in the case. 
Application for commutation of a death sentence may be in any written form and must contain grounds on which the request is based. A copy of the application normally will be furnished to the district attorney of the judicial circuit of conviction at least five days before the hearing. The Board requests that an application for commutation of a death sentence not be submitted until all legal remedies in State and Federal courts have been exhausted. If no application is submitted, the Board itself may initiate consideration of commutation. 
In each case the Board conducts a thorough investigation. The Board studies the detailed circumstances of the offense, the offender's background, the conduct of the trial, the appellate record, and extensive interviews with persons whose knowledge may shed additional light on the case. Substantial evidence of sufficiently mitigating facts is required to justify commutation. 
The Board may commute a death sentence by majority vote. 
The Georgia Constitution states that a person whose death sentence is commuted by the Board to life imprisonment (on or after January 1, 1977) cannot be pardoned or paroled before serving 25 years. 
Remission 
Remission of a sentence is the lessening of the duration of confinement without reducing the length of sentence. The Board may remit all or part of a confinement sentence to probation. 
Supervision After Remission 
An offender whose confinement sentence is remitted to probation must report to a parole officer, who will explain the release conditions. 
Violation and Hearings 
An offender whose confinement sentence was remitted to probation by the Board and who is accused of violating a condition of release will be subject to the same arrest and hearing procedures and afforded the same rights applicable to an accused parole violator. 
Youthful Offender 
Conditional Release 
Youthful Offender Conditional Release is the release of an offender from confinement who was sentenced under the Youthful Offender Act of 1972 and who has fulfilled contracted release requirements. The Board releases him under continuing State custody and supervision and under conditions which, if violated, permit his reimprisonment. 
Court Selects Youthful Offenders 
A person age 17 to 25 who is convicted of a non-capital felony may be sentenced to prison under the Youthful Offender Act of 1972. The sentencing court alone decides who will be so sentenced. The selected offender receives an in- 
 
determinate sentence of zero to six years unless the statutory maximum for his offense is less than six years, in which case he receives a sentence of zero to whatever is the maximum, or unless a probated sentence (not First Offender Act) with less than six years remaining is revoked and the offender is committed to confinement under the Youthful Offender Act, in which case he receives a sentence of zero to whatever is the remaining time. As an inmate he enters the Youthful Offender Program administered by the Department of Offender Rehabilitation but with release and revocation authority vested in the State Board of Pardons and Paroles. 
Board Guidelines Determine Release Date 
The Department of Offender Rehabilitation negotiates a behavioral contract with a Youthful Offender for his release at a specified date provided he completes stated programs, accomplishes stated rehabilitative goals, and maintains satisfactory conduct. The contracted release date is selected by the Department guided by Boardestablished categories of confinement lengths, which take into account the inmate's offense, prior history, and personal needs. To become effective, the contract must be endorsed by the inmate, the Department, and the Parole Board. 
Poor Performance Is Penalized 
A Youthful Offender who fails to fulfill his contracted release requirements may have his release date postponed. 
Gross misbehavior or willful lack of effort to fulfill release requirements may result in the inmate's removal from the Youthful Offender Program. Removal may be by the Department of Offender Rehabilitation acting alone or at the recommendation of the State Board of Pardons and Paroles. 
Parole Consideration 
An inmate sentenced as a Youthful Offender who has not been contractually released by the time he completes one-third of his maximum sentence is at that time considered for parole. 
Release of Youthful Offender 
A Youthful Offender who fulfills his contract is granted a Youthful Offender Conditional Release by the Board. The releasee is supervised by a parole officer and must obey the same standard conditions a parolee must obey as well as any special conditions appropriate to the case. 
A releasee accused of violating a condition of his Youthful Offender Conditional Release will be subject to the same arrest and hearing procedures and afforded the same rights applicable to an accused parole violator. 
A releasee whose release is revoked mayor may not be returned to the Youthful Offender Program. If he is, a new release contract will be negotiated. If he is not, he will be considered for parole within three years after revocation. 
Discharge of Youthful Offender 
When a person is released on Youthful Offender Conditional Release, his projected prison discharge 
PAROLE BOARD DOES NOT RUN PRISONS 
The State Board of Pardons and Paroles has no responsibility to run the State prison system. Only the Department of Offender Rehabilitation administers the prisons, transfers an inmate from one prison to another, assigns an inmate to prison programs, makes an inmate a trusty, gives an inmate a furlough at special times like Thanksgiving and Christmas, computes time to be served, issues time sheets, provides medical care, grants visiting and mail privileges, and takes prison disciplinary action, including suspension of earning Earned Time. The Parole Board is not responsible for any of those things. Questions about those things should be directed to the Department of Offender Rehabilitation, 800 Peachtree Street, N.E., Atlanta, Georgia 30308. 
 
date with credited Earned Time becomes his projected date for discharge from supervision. After being supervised for one year, the releasee may be recommended by his parole officer for early discharge. 
Pardon 
A pardon is a declaration of record by the Boai"d 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. 
Basis for Granting Pardon 
A pardon may be granted in two instances: (I) 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. (2) A pardon which docs not imply innocence may be granted to an applicant convicted under Georgia law who has completed his full sentence obligation, including serving any probated sentence and paying any fine, and who has thereafter completed five years without any criminal involvement. The five-year waiting period after sentence completion may be waived if the waiting period is shown to be detrimental to the applicant's livelihood by delaying his qualifying for employment in his chosen profession. Application must be made by the ex-offender on a form available from the Board on request. No pardon is automatic; the Board judges the merits of each individual case. The Georgia Constitution states that persons who arc convicted of Armed Robbery (committed on or after January 1, 1977) cannot be pardoned or paroled before serving at least five years, and states that persons whose death sentences are commuted by the Board to life imprisonment (on or after January 1, 1977) cannot be pardoned or paroled before serving 25 years. 
Removal Of Disabilities 
Under the Georgia Constitution, a person convicted of a felony or any other "crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary," loses his civil and political rights, including the right to vote, the right to hold public office, and the right to serve on a jury. Using an application form available on request, a person who was convicted under Georgia law may apply to the Board 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 also may apply. 
Restoration of Civil and Political Rights 
A Restoration of Civil and Political Rights carries no implication of innocence and may be granted only to a person who has completed his sentence or served four years on Georgia parole on a life sentence with a satisfactory adjustment in society (three years with exemplary adjustment) or served three years on Georgia parole on a lesser sentence with a satisfactory adjustment in society (two years with exemplary adjustment). 
Automatic Rights Restoration 
The Board automatically restores civil and political rights to a felony parolee or Youthful Offender Conditional Releasee upon discharge from supervision if he has no other sentence to serve or pending criminal charge against him. 
Published June 1979