Created by FindLaw's team of legal writers and editors | Last reviewed March 02, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
You’ve done the crime in Georgia, now you are doing the time in county jail or state prison. But what about getting out early? You’ve heard about early release, but aren’t sure how it works. The good news is that you don’t have to submit a formal application for parole, yet it is important to understand how Georgia parole laws work, whether you’re eligible, and what to do if you are initially denied early release. Keep in mind, if you are granted parole and you violate the terms of your release, you are likely headed back into confinement for a period of time.
To break it down, parole is the discretionary release of an offender after they have served part of their sentence. In Georgia, inmates may only be granted parole by the State Board of Pardons and Paroles.
You don’t have to do much. The Parole Board will automatically consider you for release. The Board doesn’t hold formal hearings before making decisions, so you won’t go before the Board to argue your case. The Board will review each parole filing individually and then cast a vote to grant or deny parole.
The following table provides a basic overview of Georgia’s parole laws. Keep in mind, the Board is required by law to make parole decisions based on the risk a person may pose to public safety if he or she were released on parole. Speak to an attorney to learn more.
Statutes |
|
Persons Not Eligible for Parole |
|
What Governmental Body Considers Parole Release? |
|
Persons Eligible for Parole |
1. Inmates serving sentence for “serious violent felony (see above) or inmates serving sentence for fourth felony (see above). 2. Inmates serving sentences aggregating 21 years or more shall become eligible for parole consideration upon completion of seven years of the sentence. 3. Inmates serving a sentence for one of the following crimes will not be released on parole until the person has served “on good behavior” seven years in prison or one-third of the prison term imposed by the court, whichever occurs first : voluntary manslaughter, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of the Georgia Racketeer Influenced and Corrupt Organizations Act (RICO). 4. Inmates serving life sentences without the possibility of parole. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Inmates serving non-life sentences who are denied parole will be automatically reconsidered by the Board at least every five years after becoming eligible for parole. Inmates who are serving life sentences who are denied parole, will, by policy, be reconsidered for parole at regular intervals not to exceed eight years.
If you have additional questions about Georgia parole laws including eligibility and want to do your own research, click on the links below:
If you've served your time and are coming up for parole, why not have a legal expert on your side? A skilled Georgia criminal defense attorney can assist you in understanding the laws, whether or not you're eligible for release, and more.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Georgia attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.