A parole-eligible inmate serving a felony sentence in the custody of the Department of Corrections is automatically considered for parole. No application is necessary.
Most parole-eligible inmates are statutorily eligible for parole after serving one-third of their prison sentence. However, few inmates are granted parole at their initial eligibility date. Eligible inmates are automatically considered for parole, regardless of appeals or other legal action by the inmate or his or her representative.
A decision to grant any type of clemency requires an affirmative vote by a majority of the members of the Parole Board. Excluding life sentences, at the time of consideration, the Board will establish a Tentative Parole Month TPM in the future or will deny parole entirely.
The Board may reconsider and change a prior decision in a case, for any reason, at any time, up to the date of release. Georgia inmates who are eligible for parole have a right to be considered for parole, but they do not have a right or "liberty interest" which requires release on parole. A TPM is not a final release decision. Life sentenced inmates are considered when they become eligible under Georgia law see below, State Law and Life Sentences.
If parole is denied to a life sentenced inmate, the Board, by policy, will reconsider the case again at least once every eight years. The duration between considerations is a decision made by the Board.
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Life sentenced inmates who have been denied parole and have a scheduled reconsideration date may receive expedited parole reviews if the Board receives new information that warrants an earlier review. Sincethere have been two statutory changes pertaining to serious violent felonies that determine parole eligibility for a life sentenced offender.
If a crime considered to be a "seven deadly sin" was committed prior tothe offender is eligible after seven years. Inoffenders committing these crimes became eligible after serving fourteen years.
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Representation by an attorney is not required for any type of clemency consideration. The decision whether to employ an attorney is a personal decision of the offender or those acting in his or her behalf. The Board may require an attorney representing a person before the Board to file a sworn statement as to whether he or she is receiving a fee.
Before the Board considers an inmate for parole, it conducts investigations on the inmate, which are used to create a file on the inmate. Parole Board files are separate and distinct from files maintained by the Department of Corrections. First, a Parole Investigator studies arrest and court records and may talk with arresting officers, court officials, victims, and witnesses in order to 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. Next, a Parole Investigator interviews the inmate and completes a Personal History Statement questionnaire.
The inmate is asked, among other things, where he has resided and worked; who his family members are and where they live; where he plans to live and work upon release; and what his own is of his crime. Before the Board makes a final decision to parole an offender, the Board reviews a Parole Review Summary from the Department of Corrections.
This discusses the offender's behavior, attitude, physical status, mental and emotional condition, participation in self-improvement activities, and work performance. The Board may, at its discretion, request a psychological or psychiatric interview of the inmate.
Other documents in the case file include a Federal Bureau of Investigation or Georgia Crime Information Center record of arrests and convictions, Dating and Admission Summary on the inmate's condition when he entered prisonDisciplinary Reports, relevant and non-repetitive correspondences, and summaries of interviews with persons contacting the Board. Victims, prosecutors district attorneys Georgia the public may send the Board information. Registered victims of a crime are given notification at the time the Board is considering a parole release allowing for a period the victim may send the Board information about the case.
Registered crime victims may also use dating automated system to call-in and receive an offender status update. Review V. Now six months prior to an offender becoming parole eligible, the Board sends a notification to the judge and district attorney requesting information about the case. As a result of legislation enacted during the session, the Parole Board notifies the district attorney if an offender convicted of a serious violent felony is being considered for parole or conditional release.
This notification is made at a minimum of days prior to the Georgia decision to parole or conditionally release an inmate. Those serious violent felonies are: murder; armed robbery; kidnapping; rape; aggravated child molestation; aggravated sodomy, and; aggravated sexual battery O. The Board shall also give the offender being considered an opportunity to submit information. This additional notification allows for another opportunity for the Parole Board Members to receive additional or current community views regarding the scheduled parole for the offender.
Judges, district attorneys and registered victims also receive a hour statutory notification that the offender is about to be paroled. The Board may receive information about the case during this period.
The inmate is notified that he is being recommended to that Department for work release. The Department of Corrections, not the Parole Board, handles placement of the inmate in a suitable facility.
Inmates convicted of a fourth or more felony, and sentenced as a recidivist, Inmates sentenced to life without parole. Life Sentence Parole Considerations sentenced to life with parole eligibility Life sentenced inmates are considered when they become eligible under Georgia law see below, State Law and Life Sentences. State Law and Life Sentences Sincethere have been two statutory changes pertaining to serious violent felonies that determine parole eligibility for a life sentenced offender. Attorney's services are not required for Clemency Consideration Representation by an attorney is not required for any type of clemency consideration.
Pre-Parole Investigations Start the Process Before the Board considers an inmate for parole, it conducts investigations on the inmate, which are used to create a file on the inmate.