Georgia § 42-9-46 - Cases in which inmate has failed to serve time required for automatic initial consideration; objections.

§ 42-9-46. Cases in which inmate has failed to serve time required for automatic initial consideration; objections.

When the board considers a case in which an inmate has not served the time required by Code Section 42-9-45 for automatic initial parole consideration, the board shall notify in writing, at least ten days prior to such early consideration, the sentencing judge, the district attorney of the circuit in which the inmate was sentenced, and any victim of a violation of Chapter 5 of Title 16 or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's contact information has been provided to the board with a current mailing or e-mail address and telephone number. Such notice shall provide a time frame in which such individuals may file an objection to early parole consideration. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim shall be given notice of a hearing date if a hearing will be held and, in order to express their views and make their recommendation as to whether the inmate should be granted early parole, may appear at such hearing or may make a written statement to the board. If an objection was filed and the board grants early parole, it shall issue a statement explaining its reasoning for granting such parole and such statement shall be served on any party who filed an objection. (Ga. L. 1972, p. 410, § 1; Ga. L. 1975, p. 793, § 1; Ga. L. 1990, p. 1001, § 1; Ga. L. 2015, p. 207, § 5/HB 71; Ga. L. 2017, p. 585, § 2-13/SB 174.) The 2015 amendment, effective July 1, 2015, substituted "person's contact information is provided pursuant to Code Section 17-17-13" for "person's name and address are provided on the impact statement pursuant to Code Section 17-10-1.1" near the end of the first sentence. The 2017 amendment, effective July 1, 2017, substituted the present provisions of this Code section for the former provisions, which read: "Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve the time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge, the district attorney of the county in which the person was sentenced, and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's contact information is provided pursuant to Code Section 17-17-13. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled." Law reviews. - For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).