GPS RESEARCH LIBRARY: The Fulton County ruling on the Parole Board's 90 percent policy ============================================================ Georgia Prisoners' Speak — gps.press Generated: 2026-11-13 14:36:09 EST Research Date: 2026-11-11 Topic: Parole JSON: https://gps.press/research-data/the-fulton-county-ruling-on-the-parole-boards-90-percent-policy/?format=json SUMMARY ---------------------------------------- The Fulton County court ruling on the Parole Board's 90 percent policy and the record around it. DATA GAPS (8) ---------------------------------------- - [reported] No match for Fulton County 90 percent parole ruling in Prison Legal News search A search of Prison Legal News (prisonlegalnews.org) for 'Fulton', 'Superior Court of Fulton County', and '90%' returned no match in an attempt to locate the Fulton County ruling on the Parole Board's 90 percent policy. Tags: parole,legal,policy Sources: Prison Legal News search (prisonlegalnews.org) - [reported] No match for case identifiers in Parole Board 2005 annual report A search of the Georgia Board of Pardons and Paroles 2005 annual report for 'Civil Action', 'Docket No', 'v. State Board of Pardons', 'the State appealed', and 'on appeal' returned no match. Tags: parole,legal,policy Sources: Georgia board (pap.georgia.gov) - [reported] No match for 90 percent policy withdrawal language in 2005 annual report A search of the Georgia Board of Pardons and Paroles 2005 annual report for 'withdrew the 90', 'suspended the 90 percent', 'December 9, 1997', and 'In March 2005 the Board' returned no match. Tags: parole,legal,policy Sources: Georgia board (pap.georgia.gov) - [reported] No match for Fulton County ruling in Eleventh Circuit unpublished opinion 200416062 A search of the Eleventh Circuit unpublished opinion 200416062 (media.ca11.uscourts.gov) for 'Fulton', 'Fulton County', 'March 2005', and 'superior court' returned no match. Tags: parole,legal,policy Sources: media.ca11.uscourts.gov: 200416062 - [reported] No match for December 1997 references in Parole Board 2004 annual report A search of the Georgia Board of Pardons and Paroles 2004 annual report for 'December 9, 1997', 'December 9', and 'December 1997' returned no match. Tags: parole,legal,policy Sources: pap.georgia.gov: annual report 2004 - [reported] No match for 90 percent policy language in Parole Board 2006 annual report A search of the Georgia Board of Pardons and Paroles 2006 annual report for 'no force or effect', 'Fulton County Judge', 'December 9, 1997', and '90% policy' returned no match. Tags: parole,legal,policy Sources: pap.georgia.gov: annual report 2006 - [reported] No match for Fulton County Superior Court plus Board of Pardons plus 90% on CourtListener A CourtListener search for 'Fulton County Superior Court', 'no force or effect', 'implemented improperly', and '90 percent' returned no match. Tags: parole,legal,policy Sources: CourtListener search: 'Fulton County' 'Board of Pardons and Paroles' '90%' - [confirmed] Fulton County court records search unavailable The Fulton County Superior Court Clerk's public case-search page states that reSearchGA access to Fulton County Superior and Magistrate Court records is currently unavailable. Tags: legal,investigations Sources: Find a Case | Fulton County Superior Court, GA LEGAL FACTS (11) ---------------------------------------- - [confirmed] OCGA 50-13-2 excludes Parole Board from APA agency definition O.C.G.A. § 50-13-2(1) defines "agency" for purposes of the Georgia Administrative Procedure Act and expressly excludes the State Board of Pardons and Paroles from that definition. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 50-13-2 (GPS's copy of the Code) - [confirmed] OCGA 42-9-45(d) requires APA-compliant rulemaking O.C.G.A. § 42-9-45(d) requires all rules and regulations adopted by the State Board of Pardons and Paroles under that Code section to be adopted, promulgated, amended, repealed, filed and published in accordance with Chapter 13 of Title 50, the Georgia Administrative Procedure Act. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 42-9-45 (GPS's copy of the Code) - [confirmed] OCGA 42-9-40(b) requires parole guidelines via APA rules O.C.G.A. § 42-9-40(b) requires the Board's parole guidelines system to be adopted by rules or regulations conforming to Chapter 13 of Title 50, the Georgia Administrative Procedure Act. Tags: legal,parole,policy Sources: Official Code of Georgia Annotated § 42-9-40 (GPS's copy of the Code) - [confirmed] Tillman v. Gee: habeas relief for misadvice on 90 percent parole In Tillman v. Gee, the Georgia Supreme Court affirmed habeas relief where a Fulton County armed robbery defendant's 2001 guilty plea was found involuntary because trial counsel and the court misrepresented that he would be eligible for parole after serving 90 percent of his sentence. Date: 2008-01-01 Tags: legal,parole Sources: TILLMAN v. GEE (2008) | FindLaw - [confirmed] 90 percent policy adopted December 9, 1997 The Georgia Board of Pardons and Paroles adopted the 90 percent-to-serve policy on 9 December 1997 and applied it to all inmates convicted after 1 January 1998. Date: 1997-12-09 Tags: legal,parole,policy Sources: media.ca11.uscourts.gov: 200416062 - [confirmed] Fulton County judge ruled 90% policy ineffective The Board's FY2005 Annual Report states that the new rule replacing the 90% policy came about after a Fulton County Judge ruled that "the Board's 90% policy in 1997 was implemented improperly and as a result is ineffective and has no force or effect." Date: 2005-01-01 Tags: legal,parole,policy Sources: Georgia board (pap.georgia.gov) - [confirmed] Smith v. Williams: counsel deficient for unawareness of 90% rule In Smith v. Williams, Georgia Supreme Court No. S04A0289, the Court found trial counsel deficient because she was unaware of Georgia's new parole board guidelines, effective for convictions entered on or after January 1, 1998, that required Smith to serve 90% of his sentence for vehicular homicide. Date: 2004-01-01 Tags: legal,parole Sources: Smith v. Williams :: 2004 :: Supreme Court of Georgia Decisions :: Georgia Case Law :: Georgia Law :: U.S. Law :: Justia - [confirmed] Smith v. Williams: reversed and remanded for prejudice findings In Smith v. Williams, the Georgia Supreme Court held that because Smith's conviction was entered after January 1, 1998, the effective date of the 90% rule, he was subject to its provisions and would not be eligible for parole until he had served a much greater portion of his sentence than his attorney had advised, and the Court reversed and remanded for findings on prejudice. Date: 2004-01-01 Tags: legal,parole Sources: Smith v. Williams :: 2004 :: Supreme Court of Georgia Decisions :: Georgia Case Law :: Georgia Law :: U.S. Law :: Justia - [confirmed] March 3, 2005 order: 90% policy ineffective A Fulton County Superior Court judge signed an order on March 3, 2005 ruling that the Parole Board's 90% policy adopted in 1997 was implemented improperly and as a result is "ineffective and has no force or effect." Date: 2005-03-03 Tags: legal,parole,policy Sources: 03/10/2005 Court Rules 90% Policy "Ineffective" - [confirmed] Jackson v. State Board: retroactive 90% policy ex post facto A federal district court (N.D. Ga.) held in Jackson v. State Board of Pardons and Paroles that the Board's retroactive application of its 1998 policy revision requiring specified violent felons to serve 90% rather than 1/3 of their time before first parole eligibility violated the ex post facto clause, even for offenders sentenced before the policy's effective date. Date: 2002-01-01 Tags: legal,parole,policy Sources: Georgia Parole Board's "90% Policy" Ruled Ex Post Facto - [confirmed] Jackson v. State Board citation The federal case in which a U.S. District Court (N.D. Ga.) held that retroactive application of the Georgia Parole Board's 1998 90% policy revision was unconstitutional is titled Jackson v. State Board of Pardons and Paroles, cited as 2002 WL 1609804 (N.D. Ga. 2002). Date: 2002-01-01 Tags: legal,parole Sources: Georgia Parole Board's "90% Policy" Ruled Ex Post Facto POLICYS (9) ---------------------------------------- - [confirmed] Board voted November 18, 2005 to adopt replacement rule At its November 18, 2005 Board Meeting, the Board voted to adopt a new agency rule relating to parole consideration for inmates, which would replace the Board's prior 90% policy and apply to offenses committed on or after January 1, 2006. Date: 2005-11-18 Tags: parole,policy Sources: Georgia board (pap.georgia.gov) - [confirmed] Replacement rule: Crime Severity Level VIII parole percentages The replacement rule assigns offenders convicted of a listed set of crimes to Crime Severity Level VIII, with a 90% guidelines recommendation for a Parole Success Score of 0 to 8, 75% for a score of 9 to 13, and 65% for a score of 14 to 20. Date: 2005-01-01 Tags: parole,policy Sources: Georgia board (pap.georgia.gov) - [confirmed] January 1998 guideline policy for 20 violent crimes The Board's FY2004 Annual Report states that in January 1998 the Parole Board implemented a new guideline policy recommending that inmates convicted of one of 20 violent crimes serve ninety percent of the court-imposed sentence before release to parole supervision. Date: 1998-01-01 Tags: parole,policy Sources: pap.georgia.gov: annual report 2004 - [confirmed] Board declined to appeal and applied ruling to prior cases The Board's news release dated March 10, 2005 states that after consulting with the Attorney General's office, the Board decided not to appeal the March 3, 2005 Fulton County ruling and to apply the ruling to all cases previously considered using the 90% policy. Date: 2005-03-10 Tags: legal,parole,policy Sources: 03/10/2005 Court Rules 90% Policy "Ineffective" - [confirmed] Proposed Rule 475-3-.05 paragraph seven percentages The proposed new paragraph seven of Agency Rule 475-3-.05 would give Crime Severity Level VIII offenders a Parole Guidelines recommendation of 90%, 75%, or 65% of the prison sentence depending on Parole Success Score. Date: 2005-10-06 Tags: parole,policy Sources: 10/06/2005 Notice of Intent to Consider Amending an Agency Rule - [confirmed] Board scheduled November 18, 2005 vote on rule amendment The Board would consider the amendment to Agency Rule 475-3-.05 at its open meeting scheduled for 2:00 p.m. on Friday, November 18, 2005, in the Board's Hearing Room, 5th floor, 2 Martin Luther King, Jr., Dr., Atlanta, Georgia. Date: 2005-11-18 Tags: parole,policy Sources: 10/06/2005 Notice of Intent to Consider Amending an Agency Rule - [confirmed] Board unanimously adopted new agency rule November 18, 2005 The Board's news release "Parole Board Adopts New Agency Rule," for immediate release 11/18/2005, states that on that date the State Board of Pardons and Paroles "unanimously voted to adopt a new agency rule relating to parole consideration for inmates" that "will replace the Board's prior 90% policy and will apply to offenses committed on or after January 1, 2006." Date: 2005-11-18 Tags: parole,policy Sources: 11/18/2005 Parole Board Adopts New Agency Rule - [confirmed] Rule 475-3-.05 amended effective January 1, 2006 Rule 475-3-.05 ("Parole Consideration") was amended, filed December 9, 2005, effective January 1, 2006, as specified by the Agency. Date: 2005-12-09 Tags: parole,policy Sources: law.cornell.edu: Ga Comp R Regs R 475 3 .05 - [confirmed] Rule 475-3-.05 prior repeal and re-adoption July 2001 Before the amendment filed December 9, 2005, Rule 475-3-.05 had been repealed and a new rule of the same title adopted, filed July 9, 2001, effective July 29, 2001. Date: 2001-07-09 Tags: parole,policy Sources: law.cornell.edu: Ga Comp R Regs R 475 3 .05 STATISTICS (5) ---------------------------------------- - [confirmed] 90% Service Policy chart total cases The Board's FY2004 Annual Report's "90% Service Policy" chart covers a total of 12,790 cases. Value: 12790.0 cases Tags: parole,policy Sources: pap.georgia.gov: annual report 2004 - [confirmed] 5,057 cases (37%) serving 100% of sentence The Board's FY2004 Annual Report's "90% Service Policy" chart shows 5,057 cases (37% of all cases) serving 100% of sentence. Value: 5057.0 cases (vs. 37 percent of all cases) Tags: parole,policy Sources: pap.georgia.gov: annual report 2004 - [confirmed] 6,613 cases (48%) serving 90% of sentence The Board's FY2004 Annual Report's "90% Service Policy" chart shows 6,613 cases (48% of all cases) serving 90% of the sentence. Value: 6613.0 cases (vs. 48 percent of all cases) Tags: parole,policy Sources: pap.georgia.gov: annual report 2004 - [confirmed] 768 cases (6%) serving between 90% and 100% The Board's FY2004 Annual Report's "90% Service Policy" chart shows 768 cases (6% of all cases) serving between 90% and 100% of the sentence. Value: 768.0 cases (vs. 6 percent of all cases) Tags: parole,policy Sources: pap.georgia.gov: annual report 2004 - [confirmed] 352 cases (3%) serving less than 90% The Board's FY2004 Annual Report's "90% Service Policy" chart shows 352 cases (3% of all cases) serving less than 90% of the sentence. Value: 352.0 cases (vs. 3 percent of all cases) Tags: parole,policy Sources: pap.georgia.gov: annual report 2004 CASE DETAILS (2) ---------------------------------------- - [reported] Massengale v. Parole Board filed December 2003 A Middle District of Georgia magistrate judge's recommendation describes that plaintiff James Roy Massengale, Jr. filed suit against the Georgia Board of Pardons and Paroles in Fulton County Superior Court in December 2003, docketed as Massengale v. Parole Board, 2003-CV-78567. Date: 2003-12-01 Tags: legal,parole Sources: Case 1:04-cv-00048-WLS -RLH Document 34 Filed 04/17/06 Page 1 of 9 - [reported] Boston v. Nix filed in Fulton County Superior Court A Prison Legal News litigation-document listing titled "Boston v. Nix, Post Trial Brief, Ga, Parole, 2007" identifies the case as filed in the Superior Court of Fulton County, State of Georgia, with plaintiffs including Milford Boston, Joseph V. Durbin, Robin B. Page, Kevin L. Williams, and Sharon Jones. Date: 2007-01-01 Tags: legal,parole Sources: 90 percent parole Georgia Fulton - Search FINDINGS (2) ---------------------------------------- - [reported] GDC official: 90% policy drove prison population growth A Georgia Department of Corrections official said prison population growth over the prior four years had been driven by the 90 percent parole policy instituted by the Georgia Board of Pardons and Paroles in January 1998, under which offenders committing any of 20 serious crimes must serve 90 percent of their court-imposed sentence, and that he knew of no serious discussions about repealing the two strikes law or the 90 percent policy. Tags: parole,policy,facilities Sources: SCHR - Equal Justice, page 2 - [confirmed] Board found 90% policy subject to legal challenge The Board's news release dated for immediate release 10/06/2005, "Notice of Intent to Consider Amending an Agency Rule," states the Board found its 90% policy for certain high level offenses "is subject to legal challenge that requires the Board to cease using it." Date: 2005-10-06 Tags: legal,parole,policy Sources: 10/06/2005 Notice of Intent to Consider Amending an Agency Rule DATASETS (1) ---------------------------------------- # 90% Service Policy case distribution (FY2004) Distribution of cases under the Board's 90% Service Policy by percentage of sentence served, as reported in the Board's FY2004 Annual Report chart (total 12,790 cases). Sentence Served Category Cases Percent of All Cases ------------------------------------------------------- 100% of sentence 5057 37 90% of sentence 6613 48 Between 90% and 100% 768 6 Less than 90% 352 3 KEY ENTITIES (19) ---------------------------------------- - Boston v. Nix [case]: 2007 Fulton County Superior Court case with multiple plaintiffs regarding parole. - CourtListener [program]: Legal research platform GPS plans to query for Eleventh Circuit retaliation rulings naming GDC officials. - Fulton County Superior Court [organization]: Court where Wellpath filed its lawsuit against GDC and others. - Ga. Comp. R. & Regs. 475-3-.05 [legislation]: Georgia Parole Board regulation on parole consideration; authority note cites Ga. Const. 1983, Art. 4, § 2, ¶ 2 and O.C.G.A. §§ 42-9-1, 42-9-40, 42-9-45. (aka: Parole Consideration) - Georgia Administrative Procedure Act [legislation]: Georgia statute governing agency rulemaking and contested cases; its 'agency' definition in OCGA § 50-13-2 excludes the State Board of Pardons and Paroles. (aka: APA) - Georgia Board of Pardons and Paroles [organization]: Georgia's parole authority, operates reentry services including Reentry Partnership Housing (RPH) - Georgia Court of Appeals [organization]: Georgia's intermediate appellate court - Georgia Department of Corrections [organization]: State agency responsible for operating Georgia's prison system. Subject of federal DOJ investigation in 2022-2023 for constitutional violations including food-related deaths. (aka: GDC) - Georgia Supreme Court [organization]: Highest court in Georgia; issued Cook v. State ruling and denied Bharadia's DNA evidence claim - Jackson v. State Board of Pardons and Paroles [case]: 2002 federal district court case in which the retroactive application of Georgia's 1998 '90% policy' for violent felons was ruled unconstitutional. - Massengale v. Parole Board [case]: December 2003 suit against the Parole Board in Fulton County Superior Court. (aka: 2003-CV-78567) - O.C.G.A. § 42-9-40 [legislation]: Georgia statute requiring adoption of the parole guideline system; qualified in Sultenfuss by § 42-9-42(c). (aka: Section 42-9-40, O.C.G.A.) - O.C.G.A. § 42-9-45 [legislation]: Georgia statute governing automatic initial parole consideration timing and eligibility thresholds, including violent-crime and felony provisions. (aka: Code Section 42-9-45) - O.C.G.A. § 50-13-2 [legislation]: Georgia Administrative Procedure Act definition of 'agency,' which expressly excludes the Board of Corrections and its penal institutions. - Prison Legal News [organization]: Publication that published 'Locked In, Priced Out: Markups and Kickbacks in Prison Commissaries' in January 2025. (aka: PLN) - Smith v. Williams [case]: 2004 Georgia Supreme Court case finding counsel deficient for unawareness of 90% parole rule. (aka: No. S04A0289) - State Board of Pardons and Paroles [organization]: Georgia state entity that serves as a reporting entity for sexual abuse allegations in prisons - Tillman v. Gee [case]: 2008 Georgia Supreme Court habeas case affirming relief for misadvice on 90 percent parole eligibility. - U.S. Court of Appeals for the Eleventh Circuit [organization]: Federal appellate court that decided United States v. Davis and Newsome. (aka: 11th Circuit) SOURCES (24) ---------------------------------------- - 03/10/2005 Court Rules 90% Policy "Ineffective", Georgia State Board of Pardons and Paroles (2005-03-10) [press_release, primary] URL: http://web.archive.org/web/20051119120713/http://www.pap.state.ga.us/NewRelea.nsf/0/3F7A99A9737C9D0285256FC0006B1EEF?OpenDocument - 10/06/2005 Notice of Intent to Consider Amending an Agency Rule, Georgia State Board of Pardons and Paroles (2005-10-06) [press_release, primary] URL: http://web.archive.org/web/20051119120713/http://www.pap.state.ga.us/NewRelea.nsf/0/7A21D89C3EB754818525709200468872?OpenDocument - 11/18/2005 Parole Board Adopts New Agency Rule, Georgia State Board of Pardons and Paroles (2005-11-18) [press_release, primary] URL: http://web.archive.org/web/20051119120713/http://www.pap.state.ga.us/NewRelea.nsf/0/55F7661A98B4EA93852570BD007689AA?OpenDocument - 90 percent parole Georgia Fulton - Search, Prison Legal News [data_portal, tertiary] URL: https://www.prisonlegalnews.org/search/?q=90+percent+parole+Georgia+Fulton - Case 1:04-cv-00048-WLS -RLH Document 34 Filed 04/17/06 Page 1 of 9, GovInfo (2006-04-17) [legal_document, primary] URL: https://www.govinfo.gov/content/pkg/USCOURTS-gamd-1_04-cv-00048/pdf/USCOURTS-gamd-1_04-cv-00048-0.pdf - CourtListener search: '90% policy' Georgia Court of Appeals 2003-2011, CourtListener (2026-09-23) [data_portal, secondary] URL: https://www.courtlistener.com/api/rest/v4/search/?q=%2290%25+policy%22&type=o&court=ga+gactapp&filed_after=2003-01-01&filed_before=2011-01-01 - CourtListener search: 'Fulton County' 'Board of Pardons and Paroles' '90%', CourtListener (2026-09-23) [data_portal, secondary] URL: https://www.courtlistener.com/api/rest/v4/search/?q=%22Fulton+County%22+%22Board+of+Pardons+and+Paroles%22+%2290%25%22 - CourtListener search: 'no force or effect' '90 percent' parole Georgia, CourtListener (2026-09-23) [data_portal, secondary] URL: https://www.courtlistener.com/api/rest/v4/search/?q=%22no+force+or+effect%22+%2290+percent%22+parole+Georgia&type=o - CourtListener search: 'no force or effect' '90%' Georgia Court of Appeals, CourtListener (2026-09-23) [data_portal, secondary] URL: https://www.courtlistener.com/api/rest/v4/search/?q=%22no+force+or+effect%22+%2290%25%22&type=o&court=ga+gactapp - Find a Case | Fulton County Superior Court, GA, Fulton County Superior Court Clerk [data_portal, primary] URL: https://www.fultonclerk.org/504/Find-a-Case - Georgia board (pap.georgia.gov), Georgia Board of Pardons and Paroles (2005-01-01) [official_report, primary] URL: https://pap.georgia.gov/document/document/annual-report-2005/download - Georgia Parole Board's "90% Policy" Ruled Ex Post Facto, Prison Legal News by John E. Dannenberg (2003-01-01) [journalism, secondary] URL: https://www.prisonlegalnews.org/news/2003/apr/15/georgia-parole-boards-quot90-policyquot-ruled-ex-post-facto/ - law.cornell.edu: Ga Comp R Regs R 475 3 .05, Cornell Legal Information Institute [legal_document, primary] URL: https://www.law.cornell.edu/regulations/georgia/Ga-Comp-R-Regs-R-475-3-.05 - media.ca11.uscourts.gov: 200416062, U.S. Court of Appeals for the Eleventh Circuit [legal_document, primary] URL: https://media.ca11.uscourts.gov/opinions/unpub/files/200416062.pdf - Official Code of Georgia Annotated § 42-9-40 (GPS's copy of the Code), Georgia Prisoners' Speak (2026-10-28) [legislation, primary] URL: https://gps.press/ocga/42-9-40/ - Official Code of Georgia Annotated § 42-9-45 (GPS's copy of the Code), Georgia Prisoners' Speak [legislation, primary] URL: https://gps.press/ocga/42-9-45/ - Official Code of Georgia Annotated § 50-13-2 (GPS's copy of the Code), Georgia Prisoners' Speak [legal_document, primary] URL: https://gps.press/ocga/50-13-2/ - pap.georgia.gov: annual report 2004, Georgia Board of Pardons and Paroles (2004-01-01) [official_report, primary] URL: https://pap.georgia.gov/document/document/annual-report-2004/download - pap.georgia.gov: annual report 2006, Georgia Board of Pardons and Paroles (2006-01-01) [official_report, primary] URL: https://pap.georgia.gov/document/document/annual-report-2006/download - Prison Legal News search (prisonlegalnews.org), Prison Legal News (2026-09-23) [data_portal, secondary] URL: https://www.prisonlegalnews.org/search/?q=90+percent+policy+parole+Georgia+Superior+Court - SCHR - Equal Justice, page 2, Southern Center for Human Rights (2003-01-01) [journalism, secondary] URL: http://web.archive.org/web/20031217211030/http://www.schr.org:80/GEJ/Media/gej_media_billshipp.html - Smith v. Williams :: 2004 :: Supreme Court of Georgia Decisions :: Georgia Case Law :: Georgia Law :: U.S. Law :: Justia, Justia (2004-01-01) [legal_document, primary] URL: https://web.archive.org/web/2023/https://law.justia.com/cases/georgia/supreme-court/2004/s04a0289-1.html - State Board of Pardons and Paroles Annual Report FY 2007, State Board of Pardons and Paroles by State Board of Pardons and Paroles [official_report, primary] URL: https://pap.georgia.gov/document/document/annual-report-2007/download - TILLMAN v. GEE (2008) | FindLaw, FindLaw (2008-01-01) [legal_document, primary] URL: https://caselaw.findlaw.com/ga-supreme-court/1248515.html