Georgia House of Representatives - 1995/1996 Sessions

HB 207 - Pardons and Paroles, State Board; determination notice; public record

Page Numbers - 1/ 2

1. Klein  39th            2. Ashe  46th              3. Campbell  42nd
4. Davis  60th            5. Irvin  45th


House Comm: SI&P       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/13/95  Read 1st Time                                                                
              1/23/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 207                                             LC 9 8024






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 9 of Title 42 of the Official
  1- 2  Code of Georgia Annotated, relating to the granting of
  1- 3  pardons, paroles, and other relief by the State Board of
  1- 4  Pardons and Paroles, so as to provide that notice of the
  1- 5  board's determination, including certain information related
  1- 6  thereto, shall be given to the person seeking a pardon,
  1- 7  parole, or other relief and to the correctional official
  1- 8  having such person in custody and shall be a public record;
  1- 9  to provide for nonconfidentiality of certain notices and
  1-10  records; to provide an effective date; to repeal conflicting
  1-11  laws; and for other purposes.

  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Article 2 of Chapter 9 of Title 42 of the Official Code of
  1-14  Georgia Annotated, relating to the granting of pardons,
  1-15  paroles, and other relief by the State Board of Pardons and
  1-16  Paroles, is amended by striking subsection (b) of Code
  1-17  Section 42-9-43, relating to a determination as to a grant
  1-18  of relief, and inserting in lieu thereof a new subsection
  1-19  (b) to read as follows:

  1-20    "(b) Before releasing any person on parole, the board may
  1-21    have the person appear before it and may personally
  1-22    examine him or her. Thereafter, upon consideration, the
  1-23    board shall make its findings and determine whether or not
  1-24    the person shall be granted a pardon, parole, or other
  1-25    relief within the power of the board; and the board shall
  1-26    determine the terms and conditions thereof. Notice of the
  1-27    determination, including the names of the members
  1-28    considering the case and each such member's determination,
  1-29    shall be given to the person and to the correctional
  1-30    official having him such person in custody and shall be a
  1-31    public record, notwithstanding any provision of Code
  1-32    Section 42-9-53."




                                 -1- (Index)

                                                   LC 9 8024

                         SECTION 2.

  2- 1  Said article is further amended by striking subsection (b)
  2- 2  of Code Section 42-9-53, relating to the preservation of
  2- 3  documents, and inserting in lieu thereof a new subsection
  2- 4  (b) to read as follows:

  2- 5    "(b) All information, both oral and written, received by
  2- 6    the members of the board in the performance of their
  2- 7    duties under this chapter and all records, papers, and
  2- 8    documents coming into their possession by reason of the
  2- 9    performance of their duties under this chapter shall be
  2-10    classified as confidential state secrets unless otherwise
Nlity    provided by law or until declassified by a resolution of
  2-12    the board passed at a duly constituted session of the
  2-13    board; provided, however, that the board shall be
  2-14    authorized to disclose to an alleged violator of parole or
  2-15    conditional release the evidence introduced against him or
  2-16    her at a final hearing on the matter of revocation of
  2-17    parole or conditional release."

                         SECTION 3.

  2-18  This Act shall become effective upon its approval by the
  2-19  Governor or upon its becoming law without such approval.

                         SECTION 4.

  2-20  All laws and parts of laws in conflict with this Act are
  2-21  repealed.





















                                 -2- (Index)