Georgia Code
Article 2 - Grants of Pardons, Paroles, and Other Relief
§ 42-9-42. Procedure for Granting Relief From Sentence; Conditions and Prerequisites; Public Access to Information; Violation of Parole

History. Ga. L. 1943, p. 185, § 13; Ga. L. 1974, p. 474, § 1; Ga. L. 1975, p. 795, § 1; Ga. L. 1984, p. 775, § 1; Ga. L. 1985, p. 414, § 1; Ga. L. 1986, p. 1596, § 3; Ga. L. 2015, p. 207, § 3/HB 71; Ga. L. 2015, p. 422, § 5-86/HB 310; Ga. L. 2017, p. 585, § 2-10/SB 174.
The 2015 amendments.
The first 2015 amendment, effective July 1, 2015, in subsection (b), designated the provisions as paragraph (2), added paragraphs (1) and (3); and, in paragraph (2), deleted “clemency,” following “A grant of”. The second 2015 amendment, effective July 1, 2015, inserted “or she” near the end of paragraph (d)(1), and substituted “department” for “board” near the end of paragraph (d)(2). See Editor’s notes for applicability.
The 2017 amendment, effective July 1, 2017, in subsection (c), inserted “or her” and “or she” throughout, and inserted “or herself” in the second sentence; in paragraph (d)(1), added “, and if he or she is serving a split sentence, the board’s conditions shall include all of the terms of probation imposed by the sentencing court” at the end of the first sentence, and in the last sentence, substituted a comma for “or until” near the middle, and added “, or his or her supervision is terminated as provided in Code Section 42-9-52” at the end; in paragraph (d)(2), deleted “other” preceding “conditional” near the end of the first sentence, and deleted the former third and fourth sentences, which read: “The board may require or the parolee or person under conditional release may request that up to 24 months of the supervision fee be paid in advance of the time to be spent on parole or conditional release. In such cases, any advance payments are nonreimbursable in the event of parole or conditional release revocation or if parole or conditional release is otherwise terminated prior to the expiration of the sentence being served on parole or conditional release.”; and substituted the present provisions of subsection (e) for the former provisions, which read: “If a parolee violates the terms of his parole, he shall be subject to rearrest or extradition for placement in the actual custody of the board, to be redelivered to any state or county correctional institution of this state.”
Cross references.
Power of board to order adult offender to make restitution to victim as condition of any relief ordered, § 17-14-3 .
Power of board to grant parole prior to completion of one-third of sentence if restitution to victim is ordered as condition of parole, § 17-14-4 .
Editor’s notes.
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Law reviews.
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).

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