The Georgia State Board of Pardons and Paroles (often referred to simply as the Parole Board) is an independent, constitutional agency responsible for making critical decisions about parole and clemency for individuals convicted of crimes under Georgia state law. It plays a vital role in Georgia’s criminal justice system by promoting rehabilitation and reintegration, while also considering public safety and the interests of victims.
This article explains how the parole board came about and how it works in theory.
We believe there are serious problems with the Georgia Parole board. Read about these problems here: Fixing Georgia’s Parole System.
1. Historical Background and Constitutional Authority
• Establishment: The Parole Board in Georgia was established as an independent decision-making body to separate parole and clemency considerations from the political branches of government and the judicial system.
• Constitutional Basis: The Board operates under authority granted by the Georgia Constitution and various statutes, with powers to grant and revoke parole, commute sentences (reducing them), and grant pardons or other forms of clemency.
2. Board Composition and Structure
• Board Members:
• The Board typically consists of five members who are appointed by the Governor.
• Each Board member serves staggered, renewable terms (traditionally seven-year terms) to ensure continuity.
• The members have varied professional backgrounds—some may come from law enforcement, the judiciary, corrections, or other relevant fields—to bring diverse perspectives to the decision-making process.
• Leadership Roles:
• Chairperson: The Board elects a Chair who serves as the principal spokesperson and administrator for the group.
• Vice-Chair: Assists the Chairperson and may step in during absences.
• Support Staff and Divisions:
• Investigative and Administrative Teams: Staff members collect, evaluate, and summarize information on offenders for the Board to review.
• Clemency and Parole Officers: Professionals who handle the logistical and investigative aspects of parole and pardon cases, including victim liaison and public inquiries.
3. Core Functions and Responsibilities
1. Parole Decisions
• The Board determines whether incarcerated individuals are eligible and suitable for conditional release before the completion of their full sentence.
• Decisions are based on factors like criminal history, nature of the offense, conduct in prison, participation in rehabilitation programs, and risk to the community.
2. Clemency (Pardons, Commutations, Reprieves)
• Pardon: A formal forgiveness that typically restores certain civil and political rights (such as voting or serving on a jury), but does not expunge or erase the conviction.
• Commutation: A reduction in the length or severity of a sentence.
• Reprieve: A temporary postponement of punishment, often used in cases of severe medical conditions or capital punishment.
3. Revocation of Parole
• If a parolee violates the conditions of their parole, the Board may revoke parole and order the person to serve the remainder of the sentence in custody.
4. Victim Outreach and Input
• The Board has responsibilities for notifying victims and considering victim impact statements in parole and clemency proceedings.
• This ensures that victims’ rights and concerns are recognized throughout the process.
4. How the Parole Board Operates
1. Case Investigation and Review
• File Preparation: A dedicated team prepares a case file, including the individual’s criminal record, disciplinary history, and any rehabilitative efforts (e.g., educational or vocational programs).
• Victim and Community Input: Input is gathered through written statements or interviews.
• Board Deliberations: The five members typically review the file independently. Some decisions may require a conference or group discussion, especially for more serious or high-profile cases.
2. Individual Voting
• Each Board member casts an independent vote regarding parole or clemency.
• A majority is needed for a final decision (i.e., at least three out of five).
3. Notification of Decision
• The inmate (or the applicant, in the case of clemency) is notified by mail.
• Victims and other relevant parties also receive notifications when appropriate.
4. Ongoing Oversight
• If parole is granted, the individual remains under supervision. If they violate conditions, the Board can hold a revocation hearing and potentially reincarcerate the parolee.
5. Tips for Navigating the Parole Board
1. Understand Eligibility Requirements
• Many individuals in state custody become eligible for parole after serving a certain percentage of their sentence. Check the Georgia Department of Corrections website or contact the Board to determine eligibility timelines.
2. Stay Organized
• Keep all records up to date: prison conduct reports, educational achievements, therapy or counseling documentation, and letters of support. A well-prepared file can strengthen a parole or clemency petition.
3. Use the Official Website
• The Board’s website (https://pap.georgia.gov/) contains application forms, frequently asked questions, and contact information.
4. Reach Out for Assistance
• Attorneys: Consult a lawyer for guidance on complex cases.
• Advocacy Organizations: Groups focusing on criminal justice reform or prisoner reentry might offer resources or workshops for inmates and families.
5. Be Respectful and Thorough
• When communicating with the Board, be concise, professional, and polite.
• Submit all required documents in a timely manner, following the Board’s instructions exactly.
6. Importance of Public Safety and Rehabilitation
The Board is committed to balancing public safety with opportunities for rehabilitation. By granting parole or clemency to those who demonstrate genuine reform, the Board promotes second chances and encourages positive behavior among inmates. Conversely, the Board also bears a responsibility to protect the community, ensuring that early releases and sentence modifications are not granted recklessly.
7. Contact Information and Additional Resources
• Georgia State Board of Pardons and Paroles
• Website: https://pap.georgia.gov/
• Phone: (404) 656-4661
• Mailing Address:
Georgia State Board of Pardons and Paroles
2 Martin Luther King, Jr. Drive, SE
Floyd Veterans Memorial Building, Balcony Level, East Tower
Atlanta, GA 30334
• Georgia Department of Corrections
• Website: https://gdc.ga.gov/
• Offender Query: https://services.gdc.ga.gov/GDC/OffenderQuery/jsp/OffQryForm.jsp
• State Bar of Georgia (for finding legal assistance)
• Website: https://www.gabar.org/
Conclusion
The Georgia State Board of Pardons and Paroles plays a pivotal role in the criminal justice system by offering a path for early conditional release and acts of clemency. Composed of professionals appointed by the Governor, the Board weighs multiple factors to ensure that decisions are fair, consistent, and uphold public safety. For individuals seeking parole or clemency—and for their families—the key to effective navigation is understanding how the Board functions, staying informed about eligibility requirements, and meticulously presenting evidence of rehabilitation or exceptional circumstances. Working with attorneys, advocacy groups, and community resources can further streamline the process and improve the likelihood of a favorable outcome.