Georgia Parole Law

Georgia Parole Law

When someone is serving a prison sentence in Georgia, parole can be one of the most important parts of the case. Families often want to know when their loved one may be considered, what the Parole Board looks at, and whether anything can be done to help. Georgia parole law can be confusing because parole is not the same as an appeal, a new trial, or a courtroom hearing.

In most cases, the Georgia State Board of Pardons and Paroles reviews the person’s file, considers written information, and decides whether parole should be granted, denied, or reviewed again later. The Board explains that it draws information from sources such as courts, police, prison records, and the community when making parole decisions.

At The Law Firm of Abbi S. Taylor, we help families understand the Georgia parole process and prepare organized, thorough, and insightful parole presentations. The goal is to make sure the Board has clear, accurate, and helpful positive information about the incarcerated person and their accomplishments and plans for the future, when the case is reviewed.

Quick Answers About Georgia Parole Law

Who decides parole in Georgia?

Parole decisions are made by the Georgia State Board of Pardons and Paroles. The Board has complete discretion on whether or not to grant parole.

Is parole automatic?

No. Even when someone is eligible for parole, release is not guaranteed. The Board states that most Georgia inmates have a right to be considered for parole, but they do not have a right that requires release. They state that parole is a privilege, not a right.

Does Georgia have parole hearings?

Georgia parole decisions are not handled like courtroom hearings. The Board reviews the case file prepared by their investigator and submitted information from an attorney, if any, as well as the Crime Severity Level (CSL) and guidelines for that CSL.

What is a PED?

A PED is a Parole Eligibility Date. It does not mean it is when anyone gets released. It means one third of the person’s prison sentence (or 9 months if they have a 2 year sentence or less). If the person’s sentence is longer than 20 years, the PED is 7 years. Prior to or at PED, the Board will determine the person’s TPM.

What is a TPM?

A TPM is a Tentative Parole Month. It is not a final parole decision. It means the Board will complete a final review and, if appropriate, set a parole release date.

Can a lawyer help with parole?

Yes. An experienced lawyer can help review the case, identify missing or inaccurate information, gather helpful records, organize support materials, and prepare a structured parole presentation. The lawyer can correct credit for time served before sentencing, incorrect decisions in the Board decision and make sure that the Board has an accurate account of the person’s history, the incident and their future plans.

How Georgia Parole Works

Parole allows a person to serve part of a prison sentence in the community under supervision. It does not erase the sentence. It does not overturn the conviction. It is a form of supervised release.

In Georgia, parole is handled by the State Board of Pardons and Paroles. After sentencing, the court’s role usually ends, and the parole process becomes a separate review handled by the Board. The Board reviews information about the offense, the sentence, the person’s history, prison conduct, programming, risk factors, and release plans.

For many families, the most important thing to understand is this: Georgia parole is largely a file-based process.That means the Board is often making decisions based on what is in the file and what is submitted for review. If the file is incomplete, outdated, confusing, or missing important context, that can cause the incarcerated person to spend years longer in prison.

"Ms. Taylor was very honest and straightforward about the parole process and the steps involved before and after my hearing. I stand before you today a free man because of Ms. Taylor’s efforts."

Parole Eligibility in Georgia

Parole eligibility means a person may be considered for parole. It does not mean the person will be released.

The Board’s FAQ explains that most parole-eligible Georgia inmates become statutorily eligible for parole consideration after serving one-third of their prison sentence, but eligibility depends on the sentence and the type of offense.

Some cases have special rules. Some offenses may require more time to be served. Some people may not be eligible for parole at all. Life sentences and serious offenses may involve different review timelines.

This is why families should be careful about relying on general information online. The parole timeline depends on the specific sentence, offense, date of sentence, criminal history, and Georgia parole guidelines that apply to the case.

What the Georgia Parole Board Considers

The Board may consider many different types of information, including:

  • the original offense
  • the sentence imposed
  • prior criminal history
  • institutional conduct
  • disciplinary history
  • education, work, and programming in prison
  • treatment or counseling participation
  • risk and needs information
  • victim or community input
  • release plans
  • housing and employment support
  • family and community stability

The Board’s own materials explain that it gathers knowledge from multiple sources, including courts, police, prison, and society. The Board does not gather any positive information on the incarcerated person.That is one reason parole preparation should be thorough and well organized. The Board may already have a large amount of information.

A parole presentation should not simply repeat emotional requests for release. It should help organize the case in a clear and useful way.

Why the Parole File Matters

In a courtroom, a lawyer can often speak directly to a judge. In Georgia parole consideration, the process is different. The parole file is the center of the review.

That file may include information about the conviction, sentence, criminal history, prison conduct, programming, disciplinary history, and other records. It may also include information that is incomplete, outdated, or misunderstood.

An experienced parole lawyer may be able to help by reviewing the available information, identifying concerns, gathering helpful documentation, and presenting the strongest available facts in a professional format.

The point is not to overwhelm the Board with volume. The point is to make the important information easy to understand.

What Is a Georgia Parole Presentation?

A Georgia parole presentation is an organized submission prepared for parole review. It may include information about the person’s background, accountability, rehabilitation, conduct in prison, programming, treatment, education, work history, release planning, and support system. Every individual is different and their presentation is unique to their situation.

A strong parole presentation may address:

  • what the person has done while incarcerated
  • whether the person has completed meaningful programming
  • whether there is a stable release plan
  • where the person would live
  • whether employment or support is available
  • what family or community support exists
  • whether treatment or counseling will continue
  • why supervised release may be appropriate

This is different from a casual letter-writing campaign. Family support can matter, but it should be presented in a way that supports the larger parole review.  A strong parole presentation should be honest, organized, and grounded in the facts of the case.

What a Georgia Parole Lawyer Can Do For You

A parole attorney will fight for your loved one's freedom

A Georgia parole lawyer can help families understand what stage the case is in and what information may be helpful before the Board reviews the case.

A lawyer cannot guarantee parole. The Board makes that decision. But a lawyer can help make sure the information submitted is clear, complete, and focused on the factors that matter.

Depending on the situation, a lawyer may help:

  • what the person has done while incarcerated
  • whether the person has completed meaningful programming
  • whether there is a stable release plan
  • where the person would live
  • whether employment or support is available
  • what family or community support exists
  • whether treatment or counseling will continue
  • why supervised release may be appropriate

TPM, PED, and Other Georgia Parole Terms

Families often hear parole terms before they fully understand what they mean.

A PED, or Parole Eligibility Date, is the date when the person may become eligible for parole consideration. It does not mean release will happen on that date.

A TPM, or Tentative Parole Month, is also not a final release date. The Board explains that a TPM is when it will complete a final review and, if appropriate, set a parole release date. A TPM may depend on good conduct or completion of certain programs.

The Board may also deny parole or reconsider a case later. For non-life sentence cases, the Board may establish a TPM or deny parole entirely at the time of consideration. The Board also states that it may reconsider and change a prior decision for any reason, at any time, up to the date of release.

That is why it is important to understand where the case stands before deciding what to submit.

Georgia Parole Is Not the Same as an Appeal

Parole and appeals are different.

An appeal, habeas corpus case, or other post-conviction matter usually focuses on legal errors, constitutional issues, or challenges to the conviction or sentence.

Parole focuses on supervised release.

The Parole Board is not deciding whether the person was wrongly convicted. It is deciding whether the person should be released under supervision based on the sentence, offense, conduct, risk factors, rehabilitation, and release plan.

In some cases, a person may have both parole questions and post-conviction questions. But they should not be confused. The strategy for parole is different from the strategy for an appeal.

Reconsideration After Parole Is Denied

A parole denial can be devastating for a family. But a denial does not always mean there is nothing left to do.

Reconsideration may be appropriate when there is new information, corrected information, additional rehabilitation, improved institutional conduct, a stronger release plan, or meaningful developments that were not previously presented.

If the Board has already denied parole, the next submission should usually offer something useful, new, better organized, or more complete.

A lawyer can help review what happened, what may be missing, and whether a reconsideration request makes sense.

How Families Can Help

Families often want to help but are not sure what to do. Thebest first step is usually to get organized.

Helpful family support may include:

  • stable housing information
  • employment possibilities
  • transportation support
  • treatment or counseling plans
  • family support details
  • community ties
  • documentation of positive changes
  • a realistic reentry plan

The strongest support is usually practical. The Board needs to know what life would look like if the person is released. A clear plan can be extremely helpful.

Talk With a Georgia Parole Lawyer

If your loved one is being considered for parole in Georgia, you do not have to guess your way through the process.

The Law Firm of Abbi S. Taylor, known as The Parole Goddess, helps families understand Georgia parole law, parole eligibility, TPMs, Board review, and parole presentation materials.
We can review the situation, explain what may be helpful, and help prepare a focused submission for the Board.

Contact The Law Firm of Abbi S. Taylor to discuss your loved one’s parole situation and what steps may be available.

FaQ's

Q.

What is the State Board of Pardons and Paroles?

A.

The Georgia State Board of Pardons and Paroles is a five-member panel assigned the power to grant pardons, paroles, and other forms of clemency. The Board has discretion to release inmates from imprisonment once an inmate has served part of his or her prison sentence.

The Parole Board uses Parole Decision Guidelines when determining whether or not an inmate should be released on parole. The Guidelines, also called the “grid system, weigh an inmate’s crime severity and his or her likelihood of success on parole”.

The Parole Board also has the sole constitutional authority in Georgia to commute death sentences to either life imprisonment or life without parole.

Q.

Who is eligible for parole?

A.

In Georgia, inmates serving a felony sentence in prison are automatically considered for parole by the time they reach their Parole Eligibility Date (PED) which is one-third of their prison sentence. No application is necessary. An inmate will be considered for parole even if the inmate’s case is on appeal.

Q.

What Cases Are Not Eligible For Parole?

A.

Certain inmates are not eligible for parole. These cases include the following:

  • Inmates serving life sentences without the possibility of parole,
  • Inmates convicted of four or more felonies and sentenced as a recidivist;
  • Inmates serving non-life sentences for violent felonies such as rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, armed robbery, or kidnapping.

Q.

What happens at a parole hearing for a parole date?

A.

When considering parole, the Parole Board will review a recommendation of months, or a percentage of the sentence, that the inmate should serve. The recommendation is based on the Parole Decision Guidelines, which weighs the severity of the crime, the likelihood of reoffending, and the offender’s criminal and social history.

The Parole Board will then make a decision regarding the release date, which is called a Tentative Parole Month (TPM). However, a TPM is not a final decision. The Parole Board will complete its review of the case file and determine whether to set a release date at the TPM.

Q.

Can I appeal a parole decision?

A.

In Georgia, inmates may appeal parole decisions under two circumstances.
First, an inmate may ask the Parole Board to reconsider its decision if parole was denied, or they may ask for an earlier reconsideration date. A request for reconsideration will not be granted, however, unless the inmate has new and compelling information for the Parole Board.

Second, an inmate can request the Parole Board to correct an error in its calculation under the Parole Decision Guidelines. This request can be made if, for example, the Parole Board made an error in the risk to reoffend or an error in the crime severity level.

Q.

Do I need a parole attorney?

A.

Individuals who are eligible for parole are not required to hire an attorney, however, hiring a parole attorney can help your chances of receiving a favorable parole decision. The Parole Board will review information provided by law enforcement, the prosecution, court officials, victims and the Georgia Department of Corrections. If you do not have a parole attorney, the Parole Board will not have the positive information you want them to consider.

A parole attorney can ensure that favorable information is shared with the Parole Board. For example, a parole lawyer can help ensure that your file contains accurate and positive information, challenge inaccurate material, and request reconsideration of previous decisions.

Q.

Will my loved one be able to attend the parole hearing?

A.

In Georgia, the Parole Board does not hold hearings before making parole decisions and does not allow people in prison to go before the Board to argue their case. The members of the Parole Board review each parole file individually, then each member casts his or her vote to grant or deny parole. The Board does not meet as a group to make parole decisions. Does a life sentence really mean a life sentence?

Q.

Will my loved one be able to attend the parole hearing establishing the TPM?

A.

No, the Board does not currently conduct any in person hearings.

Q.

Can you guarantee that the parole decision will be successful?

A.

We can never guarantee that we will be successful and that your loved one will get parole, but we will work hard to the very best of our ability to reach a favourable decision. We have a very good success rate and evaluate a case before being hired. We do our very best to ensure that your loved one’s voice is heard and that all positive information and background is considered.

Q.

How does the PIC points system work?

A.

A loved one can earn Performance Incentive Credits by completing their case plan, working on some of the work details and other educational programs. Each point, up to 12 PIC points, can be awarded by the Board to take one month per point off of the established TPM. However, PIC points are discretionary, just like parole. The Board can choose to award credit for some, all or none of the person’s PIC points.

Q.

My loved one received a letter from the Board stating that he has a Parole Eligibility Date. What should he do with the letter?

A.

The family should contact a parole attorney straight away.

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