Georgia Code
Article 2 - Grants of Pardons, Paroles, and Other Relief
§ 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

History. Ga. L. 1982, p. 1356, §§ 2-5; Code 1981, § 42-9-60 , enacted by Ga. L. 1982, p. 1356, § 6; Ga. L. 1983, p. 3, § 31; Ga. L. 1984, p. 22, § 42; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1; Ga. L. 1986, p. 1596, § 5; Ga. L. 1997, p. 143, § 42.
Code Commission notes.
Pursuant to Code Section 28-9-5 , in 1985, the amendment of this Code section by Ga. L. 1985, p. 149, § 42, was treated as impliedly repealed and superseded by Ga. L. 1985, p. 283, § 1, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
Editor’s notes.
Section 1 of Ga. L. 1982, p. 1356 (§ 6 of which enacted this Code section) did not amend the Official Code of Georgia Annotated or any prior law. Sections 1 through 5 of the 1982 Act became effective April 14, 1982, but, unlike §§ 2 through 5, § 1 did not stand repealed on November 1, 1982; see § 7 of the 1982 Act. Section 1 reads as follows: “The General Assembly recognizes that the number of persons convicted of crimes in the State of Georgia and sentenced to serve terms of imprisonment in the state prison system has increased greatly in recent years; that, under the moral requirements of humane treatment for prisoners, there is a limit to the present capacity of penal institutions comprising the prison system of the State of Georgia; that, because of the limited present capacity of the state penal system, there is a resulting crisis in overcrowding of local jail and detention facilities due to the backlog of convicted persons awaiting transfer to the state prison system; that the delay in time required to construct new state prison facilities in order to increase the capacity of the state prison system would cause little present relief of the crisis of overcrowding which exists in jail and local detention facilities; that there is an uncertainty as to future needs for additional capacity in the state prison system if alternatives to incarceration are adequately developed and utilized after the present crisis has passed; that there is an uncertainty as to the necessity for local governments to build additional bed space in jails and local detention facilities at their own expense to alleviate the present overcrowding crisis if the present state capacity may be better utilized to relieve that crisis; and, finally, that the release of state prison inmates not otherwise eligible for release on parole is necessary to alleviate the overcrowded prison system during a declared emergency. It is the purpose of this Act to authorize the Governor and the State Board of Pardons and Paroles to remedy an emergency with regard to the overcrowding of the state prison system.

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