Georgia § 17-10-16 - Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs.

§ 17-10-16. Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs.

Notwithstanding any other provision of law, a person who is convicted of an offense committed after May 1, 1993, for which the death penalty may be imposed under the laws of this state may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter. Notwithstanding any other provision of law, any person who is convicted of an offense for which the death penalty may be imposed and who is sentenced to imprisonment for life without parole shall not be eligible for any form of parole during such person's natural life unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person was innocent of the offense for which the sentence of imprisonment for life without parole was imposed. Such person shall not be eligible for any work release program, leave, or any other program administered by the Department of Corrections the effect of which would be to reduce the term of actual imprisonment to which such person was sentenced. (Code 1981, § 17-10-16 , enacted by Ga. L. 1993, p. 1654, § 3.) Code Commission notes. - Pursuant to Code Section 28-9-5, in 1993, "May 1, 1993," was substituted for "the effective date of this Code section" in subsection (a). Editor's notes. - Ga. L. 1993, p. 1654, § 7, effective May 1, 1993, provides: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, a defendant whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act provided that: (1) jeopardy for the offense charged has not attached and the state has filed with the trial court notice of its intention to seek the death penalty or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking the death penalty after remand." Ga. L. 1993, p. 1654, § 8, effective May 1, 1993, provides: "Except as provided in Section 6 of this Act [Code Section 17-10-32.1], the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act nor shall this Act be construed as repealing Code Sections 17-10-30, 17-10-31, or 17-10-32 of the Official Code of Georgia Annotated." Ga. L. 1993, p. 1654, § 9, effective May 1, 1993, provides: "No person shall be sentenced to life without parole unless such person could have received the death penalty under the laws of this state as such laws have been interpreted by the United States Supreme Court and the Supreme Court of Georgia." Law reviews. - For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 183 (1993).