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O.C.G.A. § 42-9-40

Parole guidelines system

Applied in 3 court decisions — leading case Hayward v. Marshall (2010)

Most recently applied in 246 Cal. Rptr. 3d 834 - In re Mcghee (April 2019)

Ga

How often courts cite this section

199220002010201910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The board shall adopt, implement, and maintain a parole guide-

lines system for determining parole action. The guidelines system shall be used in determining parole actions on all inmates, except those serving life sentences, who will become statutorily eligible for parole consideration. The system shall be consistent with the board’s primary goal of protecting society and shall take into consideration the severity of the current offense, the inmate’s prior criminal history, the inmate’s conduct, and the social factors which the board has found to have value in predicting the probability of further criminal behavior and successful adjustment under parole supervision.

(b) The guidelines system required by subsection (a) of this Code section shall be adopted by rules or regulations of the board. The rules or regulations shall be adopted in conformity with Chapter 13 of Title

50, the “Georgia Administrative Procedure Act.”

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.