The 2015 General Assembly adopted a bill into law that pertains to areas of the clemency processes of the Parole Board.
House Bill 71 (HB71) was adopted and amends the Crime Victims' Bill of Rights (O.C.G.A. §17-17-13) and places into law new procedures regarding pardons and the commutation of a death sentence.
Regarding the pardon process, HB71 requires the Parole Board to notify registered victims if an ex-offender is seeking a pardon. In order to notify these victims, they must first be registered with the Georgia Office of Victim Services. Those victims who are registered will have 20 days to send the Board any information they wish the Board to consider as the Board determines whether the ex-offender is deserving of a pardon. The law also states that the Board will notify district attorneys in the most serious cases, which include 41 felonies and the "Seven Deadly Sins," which are aggravated child molestation, aggravated sexual battery, aggravated sodomy, armed robbery, kidnapping, murder and rape.
Prior to the adoption of the law, the Board already had begun implementing new notification procedures regarding the pardon process by sending notifications to registered victims and prosecutors. HB71 expanded on the Board's new procedures.
When making a decision relating to a pardon for a serious offense (as defined above) the Board's decision (which has always been public) must reflect the Board's consideration of the evidence offered that supports the Board's decision to grant the pardon. The law requires the Board to consider information sent in by victims and district attorneys when preparing to make a pardon decision. The Parole Board has always considered all information submitted by victims and district attorneys prior to making a final decision on any clemency relief. HB71 also requires the Board to consider, before granting a pardon, if the ex-offender is or was required to register as a sex offender. If a pardon is granted, the Board's decision must be given to any victims and district attorneys who submitted information to the Board.
The significant changes regarding the pardon process are the notifications to victims and district
Clemency and Parole Consideration 2015 General Assembly
FY15 Statistical Activity and Clemency
State Board of Pardons and Paroles Fiscal Year 2015 Annual Report
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on a presentation
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attorneys and the Board's requirement to include in its written decision the Board's findings which reflect the Board's consideration of the evidence offered supporting the Board's granting of the pardon.
HB71 included new procedures for the Parole Board regarding the executive clemency process concerning death sentence cases. Much of the new law's language codifies Board procedures already in place. Victims and district attorneys in the cases are notified by the Board and information received from those parties is considered by the Board Members when determining whether to commute a death sentence. The most significant change as a result of the new law is the requirement to include in its written decision the Board's findings which reflect the Board's consideration of the evidence offered supporting the Board's decision to commute a death sentence to life with parole eligibility or life without parole eligibility.