Georgia § 42-9-43 - 1. Citizenship status of prisoner; deportation.

§ 42-9-43. 1. Citizenship status of prisoner; deportation.

In determining whether to grant parole the board shall be authorized to make inquiry into whether the prisoner is lawfully present in the United States under federal law. If the board determines that the prisoner is not lawfully present in the United States, the board shall be authorized to make inquiry into whether the prisoner would be legally subject to deportation from the United States while on parole. If the board determines that the prisoner would be legally subject to deportation from the United States while on parole, the board may: Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal cases; Consider the likelihood that deportation may intervene to frustrate that state interest if parole is granted; and Where appropriate, decline to grant parole in furtherance of the state interest in certain and complete execution of sentences. Any grant of parole to an alien prisoner, as such term is defined in Code Section 42-1-11.1 , who is subject to deportation shall be conditioned upon the deportation of such prisoner pursuant to a final removal order and a further condition that such prisoner abide by the deportation order and all immigration laws of the United States. (Code 1981, § 42-9-43.1 , enacted by Ga. L. 2007, p. 34, § 2/SB 23; Ga. L. 2010, p. 263, § 3/SB 136.) Cross references. - Factoring into sentencing determinations citizenship status of convict, § 17-10-1.3 . Editor's notes. - Ga. L. 2007, p. 34, § 3/HB 23, not codified by the General Assembly, provides that: "The General Assembly finds that this Act states factors for consideration in discretionary decision-making processes within the criminal justice system. The General Assembly finds that such factors could have been considered prior to or without the enactment of this Act. Accordingly, it is the intention of the General Assembly that this Act may be applied with respect to offenses committed prior to its effective date as well as offenses committed on or after its effective date. However, if there should be a judicial determination that retrospective application is prohibited, it is the intention of the General Assembly that retrospective application should be severable." This Act became effective May 11, 2007. Ga. L. 2010, p. 263, § 1/SB 136, not codified by the General Assembly, provides: "It is the intent of the General Assembly to ensure that alien prisoners subject to deportation are not released from prison into the Georgia community. It is further the intent of this legislative body to reduce the costs and expenses of operating state prisons by reducing the number of alien prisoners incarcerated in the Georgia penal system and to expedite the deportation process of such prisoners. Moreover, Georgia should support the rearrest and revocation of parole of any alien prisoner who reenters the United States in violation of a release on a reprieve with a detainer to United States Immigration and Customs Enforcement. The General Assembly intends to require state agencies to take part in the Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program funded and operated by the United States government and take all measures to fully cooperate and communicate with state, local, and federal agencies for the implementation of such program."