BOPP Annual Report FY2018 — Georgia Parole Board

In FY18, the clemency investigators completed 38,919 investigations for the Parole Board.

During Fiscal Year 2018, the population of offenders on parole under community supervision decreased from 22,737 on July 1, 2017, to 22,047 on June 30, 2018.

The cumulative number of offenders under parole supervision in Georgia during the fiscal year was 33,646.

The number of offenders discharging from parole was 8,501 in FY18.

In FY18, a total of 7,703 warrants were issued by the Parole Board for alleged parole violators.

In FY18, the GCIC Unit entered 4,494 warrants into the GCIC/NCIC system.

During FY18, the Board revoked 2,525 parole violators, returning the offenders to prison to serve their sentences in confinement. The number revoked decreased by 156 from the previous fiscal year.

Of the FY18 total number of revocations, less than 1% were revoked on the basis of technical violations only, which include but are not limited to drug use, curfew violations, or failure to pay fines and fees.

Parole Board Members conducted 310 final revocation hearings during FY18.

There were 286 preliminary revocation hearings in FY18.

During FY 2018, the Parole Board commuted the sentences of 88 offenders under SB 174, ending the prison/parole portion of their sentence and moving the case to probation supervision. Senate Bill 174, passed in 2017, included a provision requiring the Board to consider commuting the sentences of specific offenders serving a split sentence who have successfully completed twelve (12) consecutive months of parole supervision (O.C.G.A. § 42-8-21).

During FY18, the Interstate Compact Unit released 566 offenders to out-of-state supervision.

As of June 30, 2018, there were 2,436 Georgia offenders under active parole supervision in Compact states and 1,373 other Compact state offenders on parole supervision in Georgia.

Via the ICE Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) Program, 117 foreign national offenders were released to ICE for deportation at an estimated cost avoidance of $6,122,724.

During FY18, 39,196 documents were scanned into the case management systems (Portal, CONS and TRIM system) utilized by the Board to make parole decisions.

There were 1,224 active lifer offender parole files scanned and 5,718 archived files imaged during the fiscal year. There are approximately 163,372 archived files remaining to be imaged.

The New Direction Recovery Program located at the Treutlen Probation Detention Center is an intensive addiction program for parolees who are both higher risk and higher need offenders. For FY18, 57 parolees were referred to the program. As of June 30, 2018, ten (10) parolees had graduated from the program and were returned to parole supervision.

In FY18, 12,416 phone calls from victims were handled by staff of the Georgia Office of Victim Services.

In FY18, 17,483 outgoing correspondences were sent to victims in response to concerns.

In FY18, 9,430 correspondences were received from victims and filed with the office.

For FY18, there were 3,422 new V.I.P. registrants (victims registered with the office).

In FY18, 6,917 phone calls from victims were logged into the V.I.P. system.

In FY18, the V.I.P. system made 935 calls to victims of crime.

Board Members met with more than 500 crime victims and family members during the fiscal year discussing the parole status of offenders. The meetings allow for victim input prior to the parole decision process.

Through June 30, 2018, the Parole Board has conducted 29 of these events across Georgia, meeting with nearly 4,000 crime victims and family members. The Victims Visitors' Day program began in 2006. Through FY18, 29 separate events have been conducted, 21 different communities have hosted, and the Parole Board has met with 3,849 victims including family members.

On October 17, 2017, more than 160 victims attended the Victims Visitors' Day in Cordele, Georgia. The report elsewhere states 165 victims of crime including family members attended. As a result, new or additional victim information was added to 75 parole case files.

The largest ever Victims Visitors' Day was held at Georgia Piedmont Technical College in Clarkston (DeKalb County) in April of 2018. A total of 356 victims including family members attended the first two-day event in the Parole Board's history. The individual meetings conducted between crime victims, the Board and parole staff involved 167 parole case files.

According to exit surveys at these two events, 98% of victims participating in FY18 stated that all of their questions were answered to their satisfaction.

In FY18, the Georgia Office of Victim Services conducted fifteen (15) Victim Offender Dialogue sessions involving victims and offenders.

During the fiscal year, the Victim Support Partners group expanded to seventeen (17) victim-volunteers who compiled more than 505 volunteer hours supporting other Georgia crime victims.

Total Expenditures for FY 2018 were $17,512,005. Personal Services accounted for $15,320,152 (87.5% of expenditures).

Total Funds for FY2018 were $17,776,655, comprised of State funds of $17,585,140, Federal funds of $102,602, and Other funds of $88,913.

The agency budget decreased by 70% between FY 2015 and FY 2018, following the creation of the Department of Community Supervision (DCS) in FY 2015 and the transfer of parole supervision functions and funding to DCS.

In FY18, the State Board of Pardons and Paroles had 182 full-time employees: 148 female and 34 male.

Staff by race/ethnicity in FY18: Multi-Racial 1, Asian 2, Hispanic 2, Black 101, White 76.

Staff by age groups in FY18: 20-29: 13, 30-39: 26, 40-49: 52, 50-59: 71, 60 Plus: 20.

Training delivered in FY 2018: 3,182 hours to sworn staff, 2,016 hours to non-sworn staff, and 3,180 hours delivered by Pardons and Paroles.

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. 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. Today, as the inmate population exceeds 50,000, the Board still consists of five voting members.

The Board is the only entity in Georgia with the constitutional authority to commute a death sentence. The Governor does not have this authority in Georgia. Board Members conduct a clemency meeting for the condemned inmate after which they may commute a death sentence to life with or without the possibility of parole, issue a stay or deny clemency.

Three of the five board members must agree on a decision for parole to be granted.

Since 1995, there have been two statutory changes pertaining to serious violent felonies that determine the minimum amount of the sentence to be served to become parole eligible for offenders sentenced to life with parole eligibility. 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 these crimes became eligible after serving 14 years. If the crime is committed after July 1, 2006, the offender is eligible for parole after serving 30 years.

If parole is denied to an inmate serving life, the Board, by policy, will reconsider the case again at least once every eight years. The duration between considerations is a decision made by the Board.

The 'seven deadly sins' offenses are murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery (O.C.G.A. § 17-10-6.1).

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. § 42-9-47)

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. § 17-17-13)

Revocation can occur during a Parole Revocation Hearing, when the offender signs a waiver to a revocation hearing, or automatic revocation if the conditions exist according to O.C.G.A. § 42-9-51.

Revisions to the guidelines were completed in 2017. Updates included raising the crime severity level of certain conviction types. On the risk to reoffend scale, the Board now includes prior arrest episodes in place of conviction history for the offender. Research has proven arrests to be a better statistical predictor of future criminal behavior.

Parole 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.

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.

A state law adopted in 2015 created a notification process informing registered victims and prosecutors, in specific cases, when an offender is seeking a pardon. The Parole Board exceeds the statutory requirements and sends these notifications regarding all applications received.

The Board works closely with and supports the reentry efforts of the Department of Corrections by participating in offender population meetings and the agency's Family Day, where offender families are able to meet with staff from both agencies.

In FY 2018, the Board completed a review of its offender violations and revocation process in collaboration with the Robina Institute. As a result the agency is focusing on recommendations for improvements allowing for the best decision making involving offenders who violate parole conditions. Recommendations from the research are being worked into a new module through a partnership with Applied Research Services, Inc.

The agency is engaged in a joint research project with Georgia Tech to determine factors among similarly situated individuals that lead to success and what the Parole Board can mandate prior to any clemency release and post release to provide the best possible chance of an individual being successful.

A new investigations module was developed to allow for 'real time' tracking of legal investigations regarding offender parole cases and it will result in a new computer software system that will enhance the entire investigative process. The new system will result in a more efficient movement of cases through the investigative process, resulting in more timely decision making by the Board.

A new scanning process has been developed improving the management of the thousands of documents that are scanned into the agency's electronic case management system. As a result, all documents are now properly scanned eliminating the rescanning of documents.

In FY 2018, the Board updated the agency strategic plan aligning goals and the vision with those of the Governor. The plan guides the agency's progress to benefit all Georgians.

The process of preparing a case for consideration by the Board is completed electronically in CONS (Clemency Online Navigation System). CONS has proven to be more effective and efficient than the prior paper based process. CONS allows Parole Board Members to access the offender's case material and make clemency decisions electronically. The agency has completed the process of submitting life-sentenced inmate cases to the Board electronically. Now all parole eligible inmate cases in Georgia may be voted electronically by the Board.

The Tentative Parole Month or 'tentative grant' can be rescinded at any time. The TPM is not a release date or a final parole release decision. A release date that is set can be rescinded at any time prior to the release.

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

In a move to make the Parole Board more accessible to all Georgians, the October 2017 monthly Parole Board meeting was moved from Atlanta to Cordele.

At the June 2018 monthly Parole Board meeting, the 75th anniversary of the State Board of Pardons and Paroles was commemorated. Relatives of the first three Parole Board Members attended and were recognized with board resolutions.

'A Parole Success and a Recipe for Returning Offenders' was released at the November 2017 monthly Parole Board meeting. Carey Parrott received a pardon from the Board as a result of his successful reentry following years in prison and completion of his sentences. In the video, Parrott explains his successes and recommendations for other returning citizens.

Governor Nathan Deal re-appointed Parole Board Member Terry Barnard to the State Board of Pardons and Paroles. The appointment, Mr. Barnard's second full term, was made in December of 2017.

David J. Herring was appointed to the State Board of Pardons and Paroles on August 1, 2018, by Governor Nathan Deal.

In August 2018, Ms. Bunn was appointed by Governor Deal to the State Commission on Family Violence.

Partnerships were formed with various law enforcement organizations during the fiscal year. Parole leadership participated in various training meetings and conferences to include: the Georgia Association of Chiefs of Police, the Prosecuting Attorneys' Council of Georgia, the Georgia Sheriffs' Association, and the Georgia Association of Criminal Defense Lawyers.

Parole staff attended inmate graduations throughout the fiscal year, showing support for the achievements of offenders. During the fiscal year, the Parole Board took opportunities to notify graduates of their parole release at the graduation, sending a powerful message to the inmate population about the importance of program completions.

The Board is the sole authority in the state to make informed decisions on which state inmates are deserving of parole, thereby ensuring that the state's prison beds are dedicated to the offenders who have committed the most serious crimes.

Today, as the inmate population exceeds 50,000, the Board still consists of five voting members. On average, more than 40% of the 50,000 plus inmate population serve out their entire prison sentence while incarcerated in the Georgia Department of Corrections.

Of the remaining 60% of inmates, of those who are paroled, more than 70% continue to show positive traits while under parole supervision and successfully complete parole.

Parole came to Georgia in 1908 when the General Assembly voted to give the Prison Commission authority to implement a system of 'parole or conditional pardons.' Parole could be granted upon the approval of the full Commission and the Governor.

The General Assembly enacted legislation, and signed it into law in February of 1943, creating the State Board of Pardons and Paroles as an independent agency to administer executive clemency. In August of 1943, Georgia voters ratified, by a ratio of four and a half to one, a landmark amendment to the State Constitution establishing the State Board of Pardons and Paroles as an independent agency authorized to grant paroles, pardons, reprieves, commute sentences, including death sentences, and remove disabilities imposed by law.

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

The Board has six criminal investigators who conduct face-to-face interviews of ex-offenders seeking restoration of firearm rights and inmates serving a life sentence with the possibility of parole.

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. District operations managers are P.O.S.T. certified officers.

District operations managers are required to annually complete 20 hours of P.O.S.T. training to include weapons requalification.

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 of training annually.

Beginning January 1, 2017, Board-sworn staff must participate in De-escalation and Community Policing training. Both sworn and non-sworn staff must complete Unlawful Harassment and Professionalism and Ethics training each year.

The State Board of Pardons and Paroles, in FY18, was a member of the Interstate Commission for Adult Offender Supervision (ICAOS). ICAOS is comprised of all 50 states, the District of Columbia, Puerto Rico and the United States Virgin Islands.

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. VOD requires a lengthy preparation process involving both the victim and the offender working separately with a trained facilitator.

V.I.P. is a 24-hour automated information system providing registered crime victims and/or their family members with access to information about their offender. Upon registering, victims are issued a PIN (Personal Identification Number). When accessing the system (800-593-9474), victims can learn the status of the offender.

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.

During FY 2015, HB310 created the Department of Community Supervision (DCS). An Executive Order transferred $10,058,280 to DCS at the beginning of FY 2016. 400+ Parole Officers remained on the Parole payroll throughout FY 2016, although operationally transferred to DCS. In FY 2017, PAP transferred $29,720,450 in state funds, mainly for payroll, to DCS.

Increase in FY 2018 budget due to law enforcement raises (20%) and 2 new positions.

As Parole Board Chairman, 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.

As vice chairman, Mr. Owens 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.

The Parole Board exceeds the statutory requirements and sends these notifications regarding all applications received for pardons, not just specific cases as required by law.

The Board's 'Secondary Solicitation of Information' is sent to the prosecuting district attorney's office and the judge regarding an offender convicted of a serious felony. The notification is made six months prior to the offender's statutorily mandated parole eligibility date. More than 3,000 such notifications were sent in FY18.

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. Use of this technology has reduced travel costs for all three agencies involved in the process; the Parole Board, the Department of Corrections and the Department of Community Supervision.

The appropriate recommendations and enforcement of intermediate sanctions, such as treatment referral, administrative hearings, electronic monitoring 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 who are not a threat to public safety back into compliance with their parole conditions.

State law authorizes the Parole Board Members to issue warrants for the arrest of alleged parole violators.

The Parole Board has the authority to commute an offender's sentence to time served. This includes offenders serving parole. Offenders serving parole may petition to have their prison sentence commuted by the Board.

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 for a required period of years following the completion of their sentence(s).

Documents 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 petition for commutation of a death sentence.

Many documents in the parole file on the offender are public. They may include sentencing documents, notifications to the offender regarding the Board's decision, notice of consideration for parole prior to serving one-third of the sentence, notice of the final decision to parole, correspondence sent by the Board in response to an offender's correspondence, 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.

In closing, I reiterate that the State Board of Pardons and Paroles exists to benefit public safety. An effective parole decision making process delivers informed, data driven decisions resulting in successful parole completions.

To be the number one paroling authority in the nation we must continue to find ways of improving. We're currently engaged in several projects to meet this goal.

In order to achieve continued enhancement of the process, operationally we must continue our partnerships with stakeholders across the state. Every taxpayer funded agency should be looking for ways to collaborate with stakeholders and each other, specifically as it relates to providing for public safety. For the operations of the State Board of Pardons and Paroles, this is referred to as the four Es: Engaging all stakeholders in the clemency process, Educating stakeholders on the clemency process, Encouraging stakeholders to become or remain actively involved in the clemency consideration process and, if we are successful with the first three Es, the fourth E will be realized and that is the Enhancement of the clemency consideration process.

We are committed to protecting victims' rights to include an interest in their healing which was evident again in FY18 as we conducted more one-on-one meetings with crime victims than in any previous year. More than 500 victims, including their family members, met with the Board. Victims have an integral position in the parole decision making process.

As you review the report, you will find that the parole decision making process incorporates scientific best practices, is data driven and evidence based. It is a process made public through multiple notifications that enables stakeholders, including the community, to contribute by providing information and input regarding an offender's case.

While serving the Parole Board and the citizens of Georgia in this capacity, I have ensured the operations of the agency remained mission focused, ensuring public safety, protecting victims' rights and providing offenders with opportunities for positive change.

For a fourth consecutive year, parole releases were down during FY18. Meanwhile, prison commitments increased for a second consecutive year.

In 1973, life-sentenced inmates convicted of serious violent felonies 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 2018, a life-sentenced inmate served on average more than 26 years in prison prior to being released.

Georgia's parole completion rates have remained above 70% from FY14 through FY18, consistently exceeding the national average. The national average was approximately 57% in FY18.

Parole revocations by fiscal year: FY14: 2,380; FY15: 2,655; FY16: 2,505; FY17: 2,681; FY18: 2,525. The number revoked in FY18 decreased by 156 from the previous fiscal year.

Fiscal year cost avoidance: FY14 $469 million, FY15 $451 million, FY16 $450 million, FY17 $377 million, FY18 more than $450 million.

Life sentence cases granted parole by fiscal year: FY14: 133; FY15: 151; FY16: 163; FY17: 104; FY18: 119. Life sentence cases denied parole: FY14: 577; FY15: 1,230; FY16: 1,504; FY17: 1,471; FY18: 1,517.

Parole releases by fiscal year: FY14: 16,212; FY15: 13,520; FY16: 13,374; FY17: 10,468; FY18: 10,363.

Cost per day for incarceration vs. parole: FY14: $52.81 vs. $4.03; FY15: $52.81 vs. $4.49; FY16: $52.95 vs. $3.54; FY17: $53.76 vs. $2.12; FY18: $61.00 vs. $2.11.

The population of offenders on parole under community supervision decreased from 22,737 on July 1, 2017, to 22,047 on June 30, 2018.

There were 421 fewer pardon and restoration of rights applications received during FY18 compared to the previous year. There were 237 fewer grants in FY18 than the previous fiscal year.

Georgia's percentage of parolees successfully completing parole in FY18 was 72%, compared to the national average of approximately 57% according to Bureau of Justice Statistics figures.

The parole decision making process incorporates scientific best practices, is data driven and evidence based. By utilizing the Board's Parole Decision Guidelines Rating System, the process is scientific and data driven.

The guidelines account for the severity of the crime and the offender's risk to reoffend. The offender's risk to reoffend is determined by weighted factors concerning the offender's criminal and social history that the Board has found to have value in predicting the probability of further criminal behavior. The updated guidelines take into account statewide sentencing averages and parole decisions by previous boards.

The fiscal year cost avoidance is calculated based on the FY18 cost per day to incarcerate a state inmate in Georgia ($61.00) compared to the community supervision cost per day ($2.11).

Research has proven arrests to be a better statistical predictor of future criminal behavior than conviction history.

The comprehensive electronic case file generally includes investigative reports, reports from the Department of Corrections, the offender's criminal history, circumstances of current offenses, information from the district attorney, victims and other stakeholders. The Clemency Division provides a thorough assessment and a recommended number of months-to-serve based upon the application of the Parole Decision Guidelines Rating System, if applicable.

Information that may be in the parole file that the Board Members can consider when determining if an eligible inmate receives parole includes: 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, 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 arrests, number of prior felonies, prior revocations, prior incarcerations, personal history statement, and parole release plan.

After the agency receives an offender's sentencing information electronically from the Department of Corrections, parole investigators collect details of conviction offenses, interview inmates for personal history statements and complete post sentence investigations. For cases other than a life sentence, hearing examiners review all of the information contained in the investigations conducted by parole investigators. In order to make equitable recommendations to the Board Members, hearing examiners process and prepare rating summaries utilizing the agency's Parole Decision Guidelines Rating System. Following the hearing examiner's review, the cases and recommendations are electronically forwarded to the Board Members for consideration.

As the TPM approaches, the hearing examiner will conduct a final review of the offender's case file. The final review determines if there is any reason a release date should not be set. Parole could be delayed or denied as a result of the offender not completing required programming, prison misconduct, or because of detainers, warrants or new sentences.

Inmates serving a life sentence are considered when they become eligible under Georgia law. Unlike other offenders, the Board's guidelines are not used and a TPM is not the result of the Board's decision. The Board's decision is either to grant or deny parole. A parole eligible inmate serving a life sentence who receives a 'grant' parole decision may be required to complete a Department of Corrections' work release program as a precondition to parole.

When a violation occurs, the supervising officer generates a report detailing the delinquent behavior. Upon receipt of the report, the district operations manager conducts a thorough case investigation to determine what action the Board should take in the best interest of public safety. Based on the investigation, the district operations manager makes a recommendation to the Board. The recommendation could be treatment referral up to revocation of parole.

Upon the establishment of probable cause, Parole Revocation Hearings are held to address violations of parole. Each hearing is presided over by an individual Board Member who hears all of the evidence in the case and makes a recommendation to the full Board to either revoke parole and return the offender to prison or continue parole and community supervision. Most offenders facing parole revocation proceedings admit their parole violations and sign a waiver to be returned to prison eliminating a final hearing.

The Parole Board's pardon application and decision making process includes thorough pardon investigations and provides the most comprehensive information available to assist the Board in making quality pardon decisions. The current application requires applicants to provide information including their version of criminal offenses, justification for why they should be considered for a pardon, including a description of how they have contributed to their community.

The Board continued efforts to solicit case information as required by state law and also continued providing notification of parole considerations not required by statute.