Rule 475-3-.10 - Other Clemency. Amended(1)Reprieves:(a) The Board may at its discretion grant reprieves to inmates usually for a limited number of days for compassionate reasons or medical reasons. Since the Department of Corrections has a policy of granting special leaves to inmates for compassionate and medical reasons with certain restrictions, the inmate should first seek leave with the Department of Corrections. Written requests for reprieves should be submitted to the Board and supported by written evidence on which the reprieve is sought.(b) Requests for emergency reprieves for medical and compassionate reasons may be made by telephone to a representative of the Board or a Board member on weekends and official holidays.(c) The Board may grant supervised reprieves to inmates of more extensive periods of time for compassionate, medical and other reasons. Applications for supervised reprieve may be in any written form supported by written evidence on which the reprieve is sought.(d) Time on reprieve will be credited toward service of sentence provided the inmate complies with the conditions of the reprieve unless stated otherwise in the Board's order. However, should the reprieve be cancelled or rescinded due to noncompliance with the conditions thereof, no time served on reprieve will be credited as earned.(e) All reprieve requests will be considered on the written record and no hearing will be held by the Board for such consideration.(2)Commutation:(a) The Board will consider the request of any offender, sentenced in a court of this State prior to July 1, 1970, that full credit toward service of sentence(s) be given for each day spent in confinement awaiting trial and for each day spent in confinement in connection with and resulting from an order entered in the criminal proceedings for which sentence was imposed, in any institution or facility for treatment or examination of a physical or mental disability. Credit for such time in confinement is automatically credited to offenders who were sentenced after June 30, 1970.(b) Application for commutation of a death sentence may be in any written form and must contain grounds on which the request for commutation is based. After receiving an application, the Board will decide whether or not to consider commutation. This decision will be made after it appears that all appeals through the courts have ceased or been exhausted or anytime within 72 hours of the earliest time the execution could take place even if court action is still pending. Prior to the end of the court appeals, the Board will obtain complete information concerning the circumstances of the offense and criminal history. If the Board's decision is to consider commutation and sufficient time does not remain for the Board to conduct a complete and fair review of the case, the execution of the death sentence will be suspended for a period of time not to exceed ninety days in order to allow time for such a review. The review may or may not include a hearing.(c) The Board will consider a commutation of a sentence imposed in other than death cases only when substantial evidence is submitted to the Board in writing that the sentence is either excessive, illegal, unconstitutional or void, that the ends of justice would be best served thereby, and that such action would be in the best interests of society and the inmate. Evidence submitted under this requirement must be direct evidence and affirmatively stated in a petition not exceeding five (5) typed or handwritten, double-spaced pages, exclusive of exhibits. Writing shall be on only one side of each sheet with a margin of not less than two inches at the top and a margin of at least one inch on the sides and bottom of each page. The review of such commutation requests will be based on the written record and will not include a hearing.(3) A pardon is a declaration of record that a person is relieved from the legal consequences of a particular conviction. It restores civil and political rights and removes all legal disabilities resulting from the conviction. A pardon may be granted in two instances: (a) A pardon may be granted to a person who proves his innocence of the crime for which he was convicted under Georgia law. Newly available evidence proving the person's complete justification or non-guilt may be the basis for granting a pardon. Application may be submitted in any written form any time after conviction and must not exceed five (5) typed or handwritten, double-spaced pages, exclusive of any exhibits. Writing shall be on only one side of each sheet with a margin of not less than two inches at the top and a margin of at least one inch on the sides and bottom of each page. The Board will provide notice to registered victim(s) of the crime(s) and the district attorney(s) of the judicial circuits out of which all known convictions have occurred when considering granting a pardon of innocence to an applicant who was convicted of a serious offense as defined in O.C.G.A. § 42-9-42(b)(1); the victim(s) and district attorney(s) will have 30 days from the date of the notice to submit any information he/she wishes the Board to consider before making its decision on this matter. The review of such application and any victim or district attorney response will be based on the written record and will not include a hearing.(b) A pardon which does not imply innocence may be granted to an applicant convicted under Georgia law who has completed his/her full sentence obligation, including serving any probated sentence and paying any fine, and also been free of supervision (custodial or non-custodial) and/or criminal involvement for at least five consecutive years thereafter as well as five consecutive years immediately prior to applying for a pardon, unless the applicant was convicted of a sex offense and is still required to register on the sex offender registry, in which instance he/she must be free of supervision (custodial or non-custodial) and/or criminal involvement for at least ten consecutive years thereafter as well as ten consecutive years immediately prior to applying. The applicable waiting period may be waived if the waiting period is shown to be detrimental to the applicant's livelihood by delaying his/her qualifying for employment in his/her chosen profession. Application must be made by the ex-offender on a form available from the Board on request. The Board will provide notice to the registered victim(s) of the crime(s) and the district attorney(s) of the judicial circuits out of which all known convictions have occurred when considering granting a pardon that does not imply innocence to an applicant who was convicted of a serious offense as defined in O.C.G.A. § 42-9-42(b)(1); the victim(s) and district attorney(s) will have 30 days from the date of the notice to submit any information he/she wishes the Board to consider before making its decision on this matter. The review of such application and any victim or district attorney response will be based on the written record and will not include a hearing. (4) Firearm Rights: The Board will consider restoring firearm rights to former offenders requesting a Pardon or Restoration of Civil and Political Rights or to whom the Board previously granted a Pardon or Restoration of Civil and Political Rights without firearm rights if the applicant has completed his/her full sentence obligation, including serving any probated sentence and paying any fine, and also been free of supervision (custodial or non-custodial) and/or criminal involvement for at least five consecutive years thereafter as well as five consecutive years immediately prior to applying for restoration of such rights, unless the applicant was convicted of a sex offense and is still required to register on the sex offender registry, in which instance he/she must be free of supervision (custodial or non-custodial) and/or criminal involvement for at least ten consecutive years thereafter as well as ten consecutive years immediately prior to applying. However, the Board will not consider restoring firearm rights to any former offender convicted of a federal offense or dishonorably discharged from the Armed Forces. The Board will provide notice to the registered victim(s) of the crime(s) and the district attorney(s) of the judicial circuits out of which all known convictions have occurred when considering restoring firearm rights to former offenders; the victim(s) and district attorney(s) will have ten days from the date of the notice to submit any information he/she wishes the Board to consider before making its decision on this matter. The review of such application and any victim or district attorney response will be based on the written record and will not include a hearing.
(5) Conditional Transfer. Although the presence of a detainer does not necessarily preclude parole, the Board may parole "to the detainer" which is an Order of Conditional Transfer.(6) Removal of Disabilities. Under Georgia Law a person convicted of a felony involving moral turpitude loses his/her civil and political rights, including the right to vote, the right to hold public office, and the right to serve on a jury. The right to vote is restored automatically by operation of law upon completion of the sentence, including probation. Using an application form available on request, a person who was convicted under Georgia Law may apply for a Restoration of Civil and Political Rights. If the person was convicted under another state's law or under Federal law but is residing in Georgia and wishes to exercise civil and political rights in this State, he or she also may apply. A Restoration of Civil and Political Rights carries no implication of innocence and may be granted only to a person who has completed his or her full sentence obligation, including serving any probated sentence and paying any fine, and also been free of supervision (custodial or non-custodial) and/or criminal involvement for at least two consecutive years thereafter as well as two consecutive years immediately prior to applying for restoration of such rights. The two-year waiting period may be waived if the waiting period is shown to be detrimental to the applicant's livelihood by delaying his or her qualifying for employment in his or her chosen profession.(7) Early Terminations and Discharges: (a) The Board will consider an early termination of parole in the following circumstances: 1. The offender, serving a sentence for a non-violent offense, has served on parole two years with satisfactory adjustment in society.2. The offender, serving a sentence for the offenses of First Degree Arson, Firearms Offenses, or Trafficking, has served on parole three years with a satisfactory adjustment in society.3. The offender, serving a sentence for a violent offense, has served on parole five years with a satisfactory adjustment in society.(b) Application for any early termination or discharge from parole may be made in any written form stating the basis on which the discharge is sought.(8) Remission of a sentence is a lessening of the duration of confinement but does not reduce the length of term of the sentence. Any inmate whose confinement has been remitted to probated status may have the probation revoked by the Board thereafter for failure to carry out the terms and conditions thereof.Ga. Comp. R. & Regs. R. 475-3-.10
Ga. Const. 1983, Art. 4, § 2, ¶ 2; O.C.G.A. §§ 42-9-1, 42-9-42, 42-9-45, 42-9-52, 42-9-54, 42-9-56.
Original Rule entitled "Other Clemency" adopted. F. and eff. Jan. 7, 1970.Repealed: New Rule of same title adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.Amended: F. June 30, 1976; eff. July 20, 1976.Amended: F. Dec. 16, 1976; eff. Jan. 5, 1977.Amended: F. Mar. 15, 1979; eff. Apr. 4, 1979.Amended: F. Oct. 14, 1983; eff. Nov. 3, 1983.Amended: F. Apr. 29, 1985; eff. May 19, 1985.Amended: F. Jan. 4, 2007; eff. Jan. 24, 2007.Amended: F. Nov. 8, 2007; eff. Nov. 28, 2007.Amended: F: Aug. 4, 2009; eff. Aug. 24, 2009.Amended: F: Oct. 11, 2012; eff. Nov. 1, 2012.Amended: F: December 12, 2012; eff. January 1, 2013, as specified by the Agency.Amended: F. Jan. 8, 2015; eff. Jan. 28, 2015.Amended: F. Oct. 6, 2015; eff. Oct. 26, 2015.Amended: F. June 11, 2021; eff. July 1, 2021.