BOPP Annual Report FY2016 — Georgia Parole Board

The Clemency Division's scanning and imaging unit imaged 14,884 files in FY 2016.

In FY16, 7,233 parole certificates were issued.

In FY16, 426 out-of-state parole orders were issued.

In FY16, 904 conditional transfers were processed.

In FY16, 183 out-of-state conditional transfers were processed.

In FY16, 1,517 supervised reprieves were granted.

In FY16, 21 out-of-state supervised reprieves were granted.

In FY16, 2,850 commutations were granted.

In FY16, 25 medical reprieves were granted.

In FY16, 215 out-of-state ICE orders were processed.

In FY16, 9,159 offenders were discharged from parole.

In FY16, 6,888 initial decisions were made under the Parole Decision Guidelines.

In FY16, 1,551 other guidelines decisions were made.

In FY16, 8,439 total guidelines decisions were made.

In FY16, 1,504 life-sentenced cases were denied parole.

In FY16, 163 life-sentenced cases were granted parole.

In FY16, 1,667 total life-sentenced case decisions were made.

In FY16, 100 restorations of rights were granted.

In FY16, 587 pardons were granted.

In FY16, 687 total pardons and restorations were granted.

In FY16, 1,479 pardon and restoration of rights applications were received.

In FY16, 241 pardons were granted without firearms being restored.

In FY16, 346 pardons were granted with firearms being restored.

In FY16, 71 restorations of civil and political rights were granted.

In FY16, 29 restorations of civil and political rights with firearms restored were granted.

There was an increase of 206 over the number of applications approved by the Board from the previous year. During the fiscal year there were 503 fewer applications filed compared to the previous year.

During FY16, the Parole Board sent 1,450 notifications regarding ex-offenders applying for pardons.

In FY16, there were 207 admissions to the No Turning Back Recovery Program at the Washington Parole Detention Center.

One hundred forty-two (142) parolees graduated from the No Turning Back Recovery Program (including those admitted the previous year) and were returned to parole supervision.

In FY16, there were 63 discharges from the No Turning Back Recovery Program. Those offenders were returned to the general prison population.

In FY16, 447 offenders were released/paroled to out-of-state supervision.

As of June 30, 2016, 1,908 offenders were under out-of-state supervision.

As of June 30, 2016, 1,112 offenders were under Georgia supervision from other states.

In FY16, 215 offenders were released to ICE for deportation.

In FY16, 7,140 phone calls from victims were handled by staff of the Georgia Office of Victim Services.

In FY16, 12,270 correspondences were sent to victims in response to concerns.

In FY16, 4,716 victim impact statements and notifications were filed with the office.

For FY16, there were 1,905 new V.I.P. registrants.

In FY16, 6,796 phone calls from victims were logged into the V.I.P. system.

In FY16, the V.I.P. system made 581 calls to victims of crime.

In FY16, the Georgia Office of Victim Services conducted six Victim Offender Dialogue sessions involving victims and offenders.

In FY16, the Board conducted three Victims Visitors' Days resulting in more than 400 victims and family members meeting directly with the Board Members in the communities where the victims live.

According to exit surveys, 97% of victims participating in the three Victims Visitors' Days in FY16 stated that all of their questions were answered to their satisfaction.

More than 150 Georgia crime victims attended the Parole Board's Victims Visitors' Day held on July 30, 2015, at Fort Valley State University.

170 crime victims met with the Parole Board in Brunswick, Georgia, at the Victims Visitors' Day held on October 15, 2015, at the Glynn County Courthouse.

The 25th Victims Visitors' Day was the largest in history with 223 victims attending on April 19, 2016, in Jonesboro, Georgia.

Through FY16, 25 separate Victims Visitors' Day events have been conducted over ten years, 17 different communities have hosted, and the Parole Board has met with more than 3,000 victims.

For the only reporting month (June) of FY 2016, 275 second solicitations/notifications were sent to judges and prosecutors.

In FY 16, the Board voted 82% of the time with the guidelines recommendation which may include denying parole.

There were more than 54,000 state inmates incarcerated in Georgia prisons and other facilities at the close of FY16.

There were 24,968 offenders under parole supervision (in-state and out-of-state) at the close of FY16.

FY2016 total expenditures for the State Board of Pardons and Paroles were $45,782,940.

In FY2016, personal services expenditures were $42,181,904.

In FY2016, regular operating expenditures were $1,134,224.

In FY2016, motor vehicle expenditures were $781,282.

In FY2016, equipment expenditures were $29,032.

In FY2016, telecommunications expenditures were $192,246.

In FY2016, computer charges were $252,845.

In FY2016, contracts expenditures were $652,040.

In FY2016, real estate rental expenditures were $270,572.

In FY2016, county jail subsidy expenditures were $288,795.

In FY2016, federal funds totaled $142,982.

In FY2016, other funds totaled $293,321.

In FY2016, GO Bonds totaled $765,000.

In FY2016, state funds totaled $44,581,637.

In FY2016, total funds were $45,782,940.

In FY16, $13,327,120 was collected in total for parole supervision fees, victim compensation, and restitution fees via the consolidated banking unit of the Department of Corrections.

An Executive Order transferred $10,058,280 to the Department of Community Supervision at the beginning of FY 2016.

In FY 2017, $29,720,450 in state funds, mainly for payroll, was transferred to DCS.

The agency budget has decreased by over 70% since the beginning of FY 2016.

At the beginning of Fiscal Year 2016, the agency had 589 employees: 167 non-sworn and 422 sworn.

On July 1, 2016, the agency had 186 employees: 131 non-sworn and 55 sworn.

As of July 1, 2016, the agency had 34 male and 152 female employees.

As of July 1, 2016, employee ages: 20-29 years: 5; 30-39 years: 41; 40-49 years: 53; 50-59 years: 67; 60+ years: 20.

As of July 1, 2016, employee ethnicity: Multi-racial: 1; Asian: 2; Hispanic: 2; Black: 101; White: 80.

In FY2016, staff training hours delivered totaled 661.

In FY2016, sworn staff training hours delivered totaled 2,386.

In FY2016, non-sworn staff training hours delivered totaled 945.

In FY2016, instructor training hours delivered to other agencies totaled 1,522.

Forty-seven parole investigators work in the Clemency Division. Thirty-nine parole investigators are assigned to the field and predominantly complete post sentence investigations and profiles for all offenders sentenced by Georgia courts. Eight parole investigators are assigned to work within the prisons to conduct personal history statements on inmates during the diagnostic process.

400+ Parole Officers remained on the Parole payroll throughout FY16, although operationally transferred to DCS.

In 1943, the Board was established through a constitutional amendment and consisted of three members.

In 1973, as the prison population rose to 9,000, the Constitution was amended to increase the Board to five members.

The State Board of Pardons and Paroles is the only entity in Georgia with the constitutional authority to commute a death sentence. The Governor does not have this authority in Georgia.

The Georgia Constitution provides that Parole Board Members are to be appointed by the Governor to seven year staggered terms, subject to confirmation by the State Senate.

If a crime considered to be a 'seven deadly sin' was committed prior to 1995, the offender is eligible after seven years.

In 1995, offenders committing seven deadly sin crimes became eligible after serving fourteen years.

If the crime is committed after July 1, 2006, the offender is eligible for parole after serving thirty years.

If parole is denied to a life-sentenced inmate, the Board, by policy, will reconsider the case again at least once every eight years.

Applicants seeking a pardon for offenses requiring registration on Georgia's Sex Offender Registry must be crime free for ten years following the completion of all sentences, as opposed to five years for all other conviction types. These applicants must also provide a current copy of their most recent risk level evaluation as assigned by the Sexual Offender Registration Review Board (SORRB), provide a psychosexual evaluation, and submit to a disclosure polygraph as part of the application process.

Legislative changes in 2015 resulted in changes to the pardon process. A notification process was created informing registered victims and prosecutors, in specific cases, when an offender is seeking a pardon.

The Parole Board's policy regarding supervision fees require that each parolee pay only one type of fee. Court-ordered restitution which goes directly to the victim is the first priority. Payments to the Georgia Crime Victims Emergency Fund (GCVEF), as required by statute, are next, followed by parole supervision fees.

Sworn staff must complete a minimum of 20 hours annually which includes mandatory firearms requalification and use of deadly force. Non-sworn staff must complete a minimum of eight hours annually.

In FY 16, the Board voted 82% of the time with the guidelines recommendation which may include denying parole. Board Members maintain discretion and authority to determine, in the interest of public safety, which individuals should not be paroled and remain in prison.

The Board's 72% parole successful completion rate remains among the top in the nation and well above the national average.

This is the second consecutive year that parole releases have declined in Georgia, as prison commitments have decreased each of the last two years.

In 1973, life-sentenced inmates served less than nine years in prison, on average, before being released from prison. By year 2000, the average had risen to more than 15 years. By 2010, the average time served on a life sentence was nearly 20 years and in 2015, a life-sentenced inmate served on average more than 25 years in prison prior to being released.

Parole revocation numbers declined from 2,618 in FY12 to 2,505 in FY16, with intermediate years showing 2,199 (FY13), 2,380 (FY14), and 2,655 (FY15).

In FY16, prison incarceration cost $52.95 per day while parole supervision cost $3.54 per day.

In FY12, prison incarceration cost $51.19 per day.

In FY13, prison incarceration cost $53.00 per day.

In FY14, prison incarceration cost $52.81 per day.

In FY15, prison incarceration cost $52.81 per day.

In FY12, parole supervision cost $4.94 per day.

In FY13, parole supervision cost $4.32 per day.

In FY14, parole supervision cost $4.03 per day.

In FY15, parole supervision cost $4.49 per day.

In FY12, cost avoidance due to parole was $351 million.

In FY13, cost avoidance due to parole was $409 million.

In FY14, cost avoidance due to parole was $469 million.

In FY15, cost avoidance due to parole was $451 million.

In FY12, Georgia's parole completion rate was 72%.

In FY13, Georgia's parole completion rate was 74%.

In FY14, Georgia's parole completion rate was 72%.

In FY15, Georgia's parole completion rate was 72%.

In FY12, the national parole completion rate was 58%.

In FY13, the national parole completion rate was 62%.

In FY14, the national parole completion rate was 59%.

In FY15, the national parole completion rate was 59%.

In FY16, the national parole completion rate was 62%.

In FY12, 12,606 offenders were released from prison.

In FY13, 15,634 offenders were released from prison.

In FY14, 16,212 offenders were released from prison.

In FY15, 13,520 offenders were released from prison.

In FY12, 2,618 parole violators were returned to prison.

In FY13, 2,199 parole violators were returned to prison.

In FY14, 2,380 parole violators were returned to prison.

In FY15, 2,655 parole violators were returned to prison.

"The Board believes that by meeting with crime victims in their communities, victims are empowered and it allows them to chart a pathway toward becoming a survivor. That is the purpose behind a Victims Visitors' Day." – Parole Board Chairman Terry Barnard

The State Board of Pardons and Paroles is the only entity in Georgia with the constitutional authority to commute a death sentence. The Governor does not have this authority in Georgia. Additionally, the Board is also the sole authority in the state to make informed decisions on which state inmates are deserving of parole.

Registered victims of a crime are given notification at the time the Board is considering a parole release, allowing for a period of time for the victim to send the Board information about the case. (O.C.G.A. § section 17-17-13)

Judges, district attorneys, sheriffs (of the county of residence prior to arrest) and registered victims also receive a 72-hour statutory notification that the offender is about to be paroled. (O.C.G.A. § section 42-9-47)

Parole eligibility is governed by O.C.G.A. 42.9.45 (b) and 42.9.46 (1/3).

Pending release notifications are governed by O.C.G.A. 42.9.47 and O.C.G.A. 42.9.44(a).

During FY 2015, HB310 was passed creating the Department of Community Supervision (DCS).

With the direct supervision of parolees being transferred to the newly created Department of Community Supervision, the State Board of Pardons and Paroles changed from an agency of nearly 700 employees to fewer than 200.

The Board's parole consideration process is now completely electronic. From data input to voting by the Board Member, the process is paperless and completely electronic. During FY16 the Board completed the conversion of life-sentenced cases from paper or hardcopy files to electronic files.

Life-sentenced cases that historically have taken approximately 90-days to process to the Board, now take less than two weeks.

The Parole Board holds the sole constitutional authority to grant executive clemency to a condemned inmate. In Georgia, no inmate is entitled to parole, however, by law, most are eligible for consideration.

Three of the five board members (a majority) must agree on a decision.

Eligible inmates are automatically considered for parole.

The Tentative Parole Month or 'grant' can be rescinded at any time. The TPM is not a release date or a final parole release decision.

A life-sentenced inmate receiving a 'grant' parole decision may be required to complete a Department of Corrections' work release program as a precondition to parole.

A pardon does not expunge, remove or erase crimes from a person's criminal record. A pardon is an order of official forgiveness and may be granted to individuals who have maintained a good reputation in their community and have remained crime free following the completion of their sentence(s).

Parole Revocation Hearings are conducted from the Board's central office in Atlanta via video conferencing or in person at the Georgia Diagnostic and Classification Prison in Jackson, Georgia. Use of this technology has reduced travel costs not only for the Parole Board, but for both the Department of Corrections and the Department of Community Supervision, as well.

District Operations Managers are assigned to the ten (10) Judicial Districts and are an integral link between the Board and the Department of Community Supervision (DCS) as it relates to parole violators.

The Georgia Parole Board, in FY16, was a member of the Interstate Commission for Adult Offender Supervision (ICAOS). ICAOS is responsible for creating and upholding the rules of the Commission. ICAOS is comprised of all 50 states, the District of Columbia, Puerto Rico and the United States Virgin Islands.

The Georgia Office of Victim Services operates the Victim Information Program or V.I.P. This is a 24-hour automated information system which provides crime victims and their families with access to information about the offender.

VOD can only be initiated by the victim and the offender must voluntarily agree to participate and must acknowledge his/her role in the crime.

During FY16, the Georgia Office of Victim Services initiated the Victim Support Partners program whereas crime victims partner with the office to lend their support to other victims of crime. This new statewide network of dedicated victim volunteers was established to assist, guide and comfort other crime victims.

The Victims Visitors' Day program began in 2006.

The Board conducts monthly meetings at which policy decisions are made. Offender cases are not discussed and parole decisions are not made at the monthly Board Meetings.

Parole consideration hearings are not held; however, each offender entering the Georgia prison system is interviewed by Board personnel.

The Board also actively solicits input and accepts pleas for and protests against executive clemency throughout the consideration process from community stakeholders, including victims and criminal justice partners.

The Board's scientific guidelines and risk assessment system, information from victims, the courts, district attorneys, the offender and the public, result in Board decisions that reflect the views of the community and the current state of the criminal justice system in Georgia while keeping Georgians safe.

The Parole Decision Guidelines incorporate a scientifically based, data driven risk assessment instrument with time to serve guidelines. Through application, the amount of sentence an offender should serve prior to possibly being released on parole is predictable.

The Board is currently updating the guidelines system to reflect the latest sentencing trends based on Georgia offender information. This process improvement will provide Board Members with additional scientific data to assist in making the most informed decisions possible.

Parole allows for the effective management of the finite resource of prison beds allowing the Department of Corrections to utilize the number of beds available for the most serious offenders.

Without parole, the offender has little incentive to improve while incarcerated and little incentive to complete programming and make significant change.

During the fiscal year, the Parole Board worked effectively within Georgia's Criminal Justice Reform framework resulting in a safer Georgia for all.

The appropriate recommendations and enforcement of intermediate sanctions, such as treatment referral, administrative hearings, voice recognition or GPS monitoring, day reporting centers and parole detention centers results in the low percentage of technical parole violators being revoked and returned to prison.

The purpose of intermediate sanctions is to bring the offenders back into compliance and revoke to prison the offenders who are a threat to public safety.

State Prison costs for FY16 are not available at the time this report is published and therefore are estimated costs.

Restitution collections are reported as a combined total of funds collected by the Department of Corrections and the Parole Board.

The Georgia/National Average Completion Rates chart cites the Bureau of Justice Statistics as the national source.

Documents that are not public and protected by Georgia law from public disclosure include but are not limited to: victim correspondence; the offender's medical information; GCIC/NCIC reports; the hearing examiner's executive summary of the offender's case; the Board ballot; the offender's residence plan verification; correspondence to the Board including from those opposing parole for the offender; parole investigations; pardon application; and the petition for commutation of a death sentence.

Many documents in the parole file on the offender are public. They may include (if applicable to the offender) but are not limited to: sentencing documents; notifications to the offender regarding the Board's decision; notice of consideration for parole prior to serving one-third of the sentence (only if applicable); notice of the final decision to parole; correspondence sent by the Board in response to an offender's correspondence or in response to correspondence sent on behalf of the offender; parole certificate; notice of the preliminary revocation hearing; the preliminary hearing summary; the waiver of the preliminary revocation hearing; notice of the final revocation hearing; the waiver of the final revocation hearing; revocation orders; the public portion of the revocation hearing recording; court production orders; detainers; subpoenas; Board arrest warrants; the certificate of discharge from parole; the pardon order; restoration of political and civil rights order; commutation order; and Board orders in death penalty cases.

The following is information that may be in the offender's parole file that the Board Members can consider when determining if someone receives parole: aggravating circumstances; victim impact statements; prosecutor/judicial statements; legal investigations including details/circumstances of the crime(s); the parole guidelines recommendation, if applicable; inmate progress reports; inmate interviews, if applicable; program completions/failures; prison conduct; inmate disciplinary reports; amount of the prison sentence served; inmate's mental health status and progress; if probation is to be served after confinement; offender's age at the crime commit date; prior parole considerations; number of prior felonies; prior revocations; prior incarcerations; personal history statement; and the parole release plan.

Parole could be delayed or denied as a result of the offender not completing required programming, poor prison conduct, or because of detainers, warrants or new sentences. A release date that is set can be rescinded at any time prior to the release.

Life-sentenced inmates who have been denied parole and have a scheduled reconsideration date may receive expedited parole reviews if the Board receives new information that warrants an earlier review.

During FY16, the Board Members and senior staff continued visiting state prisons, meeting and informing inmates of the Board's expectations in order to be approved for parole.

During the fiscal year, with the goal of enhancing public safety in Georgia, the Board leadership and senior management conducted meetings to inform and educate both criminal justice partners and stakeholders about the parole consideration process in Georgia and the Board's critical role and responsibility in the criminal justice system. These meetings involved local law enforcement, judges, prosecutors, state, city and county officials, and community leaders.

The agency is guided by the 4Es: Engaging Stakeholders, Educating the Community, Eliciting Active Participation, and Enhancing Operations. Ultimately, enhanced operations equate to improved public safety.

During the fiscal year, the Board developed and put into action an additional solicitation/notification process whereas judges and district attorneys are now notified when the Board, by law, must consider an eligible offender for parole. The process allows the judge and prosecutor to send the Board correspondence regarding the case that reflects current community views.

In order to ensure the Board has current information about the cases, in June of 2016, the Board implemented a second solicitation/notification to judges and district attorneys. Now, six months prior to an offender becoming parole eligible, the Board sends a notification to the judge and district attorney informing them that the Board is preparing the case for statutory parole consideration and is requesting information about the case.

Based on an agreement between the Board and the Prosecuting Attorneys' Council of Georgia, notification is made for specific offenses including attempted aggravated child molestation, attempted aggravated sexual battery, attempted aggravated sodomy, attempted armed robbery, attempted kidnapping, pimping or pandering a child under the age of 18, RICO prohibited activities, trafficking persons for sexual servitude, aggravated assault (with injury or weapon), aggravated assault on a police officer, aggravated assault with intent to murder, rape or rob, aggravated battery, aggravated battery on a police officer, aggravated stalking, attempted murder, attempted rape, burglary of an occupied residence, burglary of an unoccupied residence (committed on/after 10/21/13), bus hijacking, child molestation, cruelty to a child 1st degree, enticing a child for indecent purposes, feticide by vehicle, hijacking motor vehicle, home invasion 1st and 2nd degree, homicide by vehicle while DUI or habitual violator, incest, involuntary manslaughter, robbery, statutory rape, VGCSA - Cocaine or Meth (400+ grams), VGCSA - Marijuana (10,000+ pounds), VGCSA - Opiates (28+ grams), voluntary manslaughter, murder and felony murder, kidnapping and kidnapping with bodily injury, aggravated child molestation, aggravated sexual battery, aggravated sodomy, armed robbery, and rape.

Parole investigators conduct and complete investigations collecting information about the offender's conviction offenses. The process includes interviewing inmates for personal history statements and completing post sentence investigations.

In 2015, the Parole Board made changes to the investigation procedures for a pardon applicant requesting restoration of firearm rights and for investigations necessary for inmates serving a life sentence. Both types of investigations require face-to-face interviews with the offender and/or ex-offender. These interviews are now conducted by the Board's criminal investigators who are P.O.S.T. certified.

Since 2011, the process of preparing a case for consideration by the Board has been completed electronically in CONS (Clemency Online Navigation System). CONS has proven to be more effective and efficient than the prior paper based process.

The Board in 2006 implemented a digital document management system for the imaging of the Board's closed files. The imaging process is a key part of the larger Clemency Online Navigation System (CONS), and integrates digital images into the division's electronic business model.

Currently all parole eligible inmate cases in Georgia are voted electronically by the Board.

The No Turning Back Recovery Program located at the Washington Parole Detention Center is an intensive addiction treatment program for parolees who are both higher risk and higher need offenders who were not successful in community-based treatment and supervision.

The Georgia Office of Victim Services is supported by three state agencies which are the State Board of Pardons and Paroles, the Department of Corrections and the Department of Community Supervision.

The Victim Offender Dialogue (VOD) program provides an opportunity for victims of violent crimes to have a structured, safe, direct, one-on-one meeting with the offender who committed the crime. The program allows the victim and offender to discuss the crime and its impact on the victim. VOD requires a lengthy preparation process involving both the victim and the offender working separately with a trained facilitator.

Additional services of the Georgia Office of Victim Services include: Victim Impact Statements and Protest Letters are submitted to the Parole Board for review; Notification of parole consideration, release, and supervision of offenders; Advocacy for victims, including assisting victims with unwanted contact from offenders and offender compliance with court-mandated conditions; Victim referrals to community based resources and services; and Preparation and orientation for family members of homicide victims for pending executions in death penalty cases.

During the fiscal year, the Parole Board worked effectively within Georgia's Criminal Justice Reform framework resulting in a safer Georgia for all.

Mr. Barnard also serves on the Board of Community Supervision. The board has regulatory oversight of the Department of Community Supervision which is responsible for the supervision of felony offenders on probation and parole in Georgia.

Mr. Mills currently serves on the Board of Community Supervision.