Georgia Code
Article 2 - Grants of Pardons, Paroles, and Other Relief
§ 42-9-43. Information to Be Considered by Board Generally; Conduct of Investigation and Examination; Determination as to Grant of Relief

History. Ga. L. 1943, p. 185, § 14; Ga. L. 1986, p. 1596, § 4; Ga. L. 2009, p. 192, § 2/SB 151; Ga. L. 2013, p. 222, § 19/HB 349; Ga. L. 2015, p. 207, § 4/HB 71; Ga. L. 2017, p. 585, § 2-11/SB 174; Ga. L. 2021, p. 922, § 42/HB 497.
The 2013 amendment, effective July 1, 2013, added subsection (b); and redesignated former subsections (b) through (e) as present subsections (c) through (f), respectively. See editor’s note for applicability.
The 2015 amendment, effective July 1, 2015, in subsection (a), deleted “and” at the end of paragraph (a)(5); redesignated former paragraph (a)(6) as paragraph (a)(7) and added new paragraph (a)(6); in paragraph (a)(7), as redesignated, added“, including any information prepared by the victim or any individual offering or preparing information on behalf of the victim, for the purpose of the board’s consideration of a pardon or commutation of a death sentence if the victim has provided such information to the board; and” at the end; and added paragraph (a)(8); in subsection (c), designated the formerly existing provisions as paragraph (c)(3), and added paragraphs (c)(1) and (c)(2); substituted the present provisions of subsection (d) for the former provisions, which read: “Before releasing any person on parole, the board may have the person appear before it and may personally examine him or her. Thereafter, upon consideration the board shall make its findings and determine whether or not such person shall be granted a pardon, parole, or other relief within the power of the board; and the board shall determine the terms and conditions thereof. Notice of the determination shall be given to such person and to the correctional official having him or her in custody.”; in subsection (e), inserted “in custody” near the beginning and substituted “official having such person” for “officials having the person” near the middle; and deleted former subsection (f), which read: “The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim.”
The 2017 amendment, effective July 1, 2017, added paragraph (a)(2); redesignated former paragraphs (a)(2) through (a)(8) as present paragraphs (a)(3) through (a)(9), respectively; inserted “parole, conditional release,” in the middle of present paragraphs (a)(7) and (a)(8); in paragraph (c)(1), inserted “and at least 90 days’ advance written notification to such district attorney prior to making a final decision on parole or conditional release for a person sentence for a serious violent felony, as such term is defined in Code Section 17-10-6.1,” near the middle and substituted “actions and shall also provide the person being considered for parole or conditional release an opportunity to submit information” for “action” at the end; in paragraph (d)(1), inserted “or conditional release” near the middle of the first sentence, added the third sentence, and, in the last sentence, substituted “reports, files, records, information” for “records, papers, documents” near the beginning and added “, and if such person 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; substituted “if the victim has expressed a desire for such notification and has provided the board with a current mailing or e-mail address and telephone number” for “in accordance with Code Section 17-17-13” at the end of paragraph (d)(2); and substituted “pardon, parole, or conditional release,” for “pardon or a parole,” near the beginning of subsection (e).
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “email” for “e-mail” in the middle of the third sentence of paragraph (d)(1), and near the end of paragraph (d)(2).
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 of victim is ordered as condition of parole, § 17-14-4 .
Crime Victims’ Bill of Rights, T. 17, C. 17.
Editor’s notes.
Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.”
Law reviews.
For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Ga. St. U. L. Rev. 17 (2013).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).

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