Georgia Parole Laws

Under Georgia law, criminal offenders who have met certain criteria qualify for supervised early release or parole. For anyone incarcerated for a long period of time, parole is likely a foremost concern.

Unlike some states, Georgia does not have a formal parole application process. The Georgia State Board of Pardons and Paroles reviews all sentences as they become eligible, and reviews each case based on Georgia’s parole decision guidelines.

What Is Parole?

Parole is the discretionary release of an offender after they have served part of their sentence. In Georgia, the State Board of Pardons and Paroles determines parole eligibility based on a complex Parole Decision Guideline system. Georgia inmates do not need to request parole or appear at hearings. The parole board reviews sentences as they become statutorily eligible according to the penalty given at trial.

Once released on parole, a parolee is subject to terms and conditions of release similar to probation. A parolee must typically maintain steady employment, report to a parole officer, refrain from using drugs or alcohol, and avoid reoffending for the remainder of their prison sentence. Violating parole means returning to prison to complete the rest of their term.

Georgia Parole Laws

Georgia’s parole board is a five-person board appointed by the Governor and confirmed by the state Senate. Board members serve seven-year staggered terms so that members are not all appointed by the same Governor. The parole board also oversees pardons, commutations, and reprieves.

The board’s decisions come from a series of charts developed by the Georgia Department of Corrections. These guidelines include:

• The crime severity level
• Risk factors based on the current offense
• Risk factors based on crimes committed during incarceration, such as attacks on fellow inmates or corrections officers
• Confirmation of residence
• Behavior during incarceration, such as completion of drug treatment programs, education programs, work credit, etc.

Based on these charts and analyses, low-risk inmates can expect to serve 65% of their sentence before consideration for parole. Medium-risk inmates must serve 75% of their sentence, and high-risk inmates must serve 90% of their sentence.

Parole Eligibility

The parole process begins post-sentencing. A parole investigator examines court records, the inmate’s arrest history, and creates a case file. The investigator may talk to the arresting officer, friends and family members, witnesses, and victims in the case.

The investigator interviews the inmate and creates a personal history statement for the inmate. This statement includes the inmate’s post-release residence and work plans, ties to family and community, and their version of the offense they were incarcerated for.

The parole investigator sends the case file to the hearing examiner. The examiner reviews the file based on the parole decision guidelines and makes a recommendation to the board. The Department of Corrections submits a separate report on the inmate to the board.

The board reviews all recommendations and can accept the hearing examiner’s report. It can also make an independent decision to set a parole date or request more information, such as a psychiatric review or participation in a work-release program.

Based on all recommendations and guidelines, the board sets a tentative parole month (TPM) and notifies the inmate of that date. The board reminds the inmate that the TPM is conditional on the person’s continued good conduct.

Persons Not Eligible for Parole

Under Georgia law, some inmates are not eligible for parole or must complete a mandatory minimum term before parole consideration. Georgia’s parole eligibility guidelines contain score charts for sentences before 2008, between 2008 and 2017, and after 2017. Offenders and their attorneys should visit the State Board of Pardons and Parole page for complete information.

Serious Violent Felonies

Some crimes don’t allow for parole. These serious violent felonies include:

• Murder
• Armed robbery
• Kidnapping
• Rape and aggravated sexual battery
• Aggravated child molestation
• Aggravated sodomy

Inmates sentenced for these felonies receive a mandatory minimum sentence of 25 years followed by lifetime probation, with no parole release.

For life sentences issued before 2006, inmates must serve at least 14 years before a parole hearing. For life sentences issued after 2006, parole is not considered until the inmate completes 30 years of their term.

Recidivists

Regardless of the crime or the hearing examiner’s report, a defendant receiving a fourth felony conviction must complete the entire sentence and is not eligible for parole.

Persons Eligible for Parole

When and if an inmate becomes eligible for parole consideration depends on the crime they committed, their behavior while serving time, and any other past convictions. The minimums for each category of crime in Georgia are:

• Misdemeanor sentences: May receive parole after six months or one-third of the total sentence, whichever is greater
• Felony sentences: May receive parole after nine months or one-third of the total sentence, whichever is greater, subject to violent crime and mandatory minimum sentence restrictions

Good behavior is required for parole release for some less-violent crimes. This includes obtaining a low-risk recidivism assessment, completing a GED or high-school equivalence program, having no serious disciplinary infractions, and maintaining such behavior for at least seven years before parole consideration. Crimes that require good behavior include:

• Voluntary manslaughter
• Statutory rape
• Incest
• Cruelty to children
• First-degree arson
• Aggravated battery
• Aggravated assault
• Drug trafficking
• Violations of Georgia’s RICO Act

Reconsideration Times

If the board denies parole to an inmate with a non-life sentence, the case gets reconsidered every five years. The board reviews life sentences at minimum eight-year intervals.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the Georgia law(s) before making any legal decisions.

Georgia Parole Laws: Additional Resources

If you have additional questions about Georgia parole laws and want to do your own research, the following links may prove helpful:

• Factors Considered in Determining Sentences
• Georgia Criminal Statute of Limitations
• Probation FAQ

Need Legal Advice About Georgia Parole Laws? Speak With a Criminal Defense Attorney

It’s important to understand what’s going to happen at a parole hearing, and having an attorney explain Georgia’s parole laws to you is always helpful. If you’re released and under parole supervision, an attorney can help you avoid violations and parole revocation. Contact an experienced Georgia criminal defense attorney for help understanding your legal rights.