Georgia Code
Article 2 - Grants of Pardons, Paroles, and Other Relief
§ 42-9-42.1. Use of Hiv Test Results in Granting Relief From Sentence; Conditions

History. Code 1981, § 42-9-42.1 , enacted by Ga. L. 1988, p. 1799, § 10.
Cross references.
Child committing delinquent act constituting AIDS transmission crime including testing and reporting, § 15-11-603 .
Editor’s notes.
Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: “The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.

Structure Georgia Code

Georgia Code

Title 42 - Penal Institutions

Chapter 9 - Pardons and Paroles

Article 2 - Grants of Pardons, Paroles, and Other Relief

§ 42-9-39. Restrictions on Relief for Person Serving a Second Life Sentence

§ 42-9-40. Parole Guidelines System

§ 42-9-41. Duty of Board to Obtain and Place in Records Information Respecting Persons Subject to Relief or Placed on Probation; Investigations; Rules

§ 42-9-42. Procedure for Granting Relief From Sentence; Conditions and Prerequisites; Public Access to Information; Violation of Parole

§ 42-9-42.1. Use of Hiv Test Results in Granting Relief From Sentence; Conditions

§ 42-9-43. Information to Be Considered by Board Generally; Conduct of Investigation and Examination; Determination as to Grant of Relief

§ 42-9-43.1. Citizenship Status of Prisoner; Deportation

§ 42-9-44. Terms and Conditions of Parole; Adoption of General and Special Rules; Violation of Parole; Certain Parolees or Releasees to Obtain High School Diploma or State Approved High School Equivalency (Hse) Diploma

§ 42-9-44.3. Definitions; Required Community Service; Liability; Work During Periods of Natural Disaster

§ 42-9-45. General Rule-Making Power

§ 42-9-46. Cases in Which Inmate Has Failed to Serve Time Required for Automatic Initial Consideration; Objections

§ 42-9-47. Notification of Decision to Parole Inmate

§ 42-9-48. Arrest of Parolee or Conditional Release Violator

§ 42-9-49. Reimbursement of Counties for Incarceration of Persons Arrested in Accordance With Code Section 42-9-48

§ 42-9-50. Preliminary Hearing for Parole or Conditional Release Violator; Ratification or Overruling of Decision of Hearing Officer by Board; Disposition of Violator

§ 42-9-51. Final Hearing for Parole or Conditional Release Violator; Order and Statement as to Disposition of Violator; Revocations Without Hearing and Temporary Revocations

§ 42-9-52. Discharge From Parole; Earned-Time Allowance; Granting of Pardons, Commutations, and Remissions of Fines, Forfeitures, or Penalties

§ 42-9-53. Preservation of Documents; Classification of Information and Documents; Divulgence of Confidential State Secrets; Conduct of Hearings

§ 42-9-54. Effect of Pardons Upon Civil and Political Disabilities; Conditional Pardons Prohibited

§ 42-9-55. Cooperation by Jails or Correctional Institutions With Board

§ 42-9-56. Restriction on Governor’s Powers

§ 42-9-57. Effect of Chapter on Probation Power of Courts; Cooperation by Board With the Department

§ 42-9-58. Effect of Chapter on Other Laws Respecting Parole and Probation

§ 42-9-59. Effect of Chapter on Previously Granted Pardons, Paroles, and Probations

§ 42-9-60. Overcrowding of Prison System as Creating State of Emergency; Paroling Inmates to Reduce Prison System Population to Capacity; Annual Report of Inmates Paroled

§ 42-9-61. Request for Report; Disclosure’s Impact on Confidentiality