§ 42-9-42 - Procedure for granting relief from sentence; conditions and prerequisites; violation of parole
               	 		
O.C.G.A.    42-9-42   (2010)
   42-9-42.    Procedure for granting relief from sentence; conditions and prerequisites; violation of parole 
      (a)  No  person shall be granted clemency, pardon, parole, or other relief from  sentence except by a majority vote of the board. A majority of the  members of the board may commute a death sentence to life imprisonment,  as provided in Code Section 42-9-20.
(b)  A  grant of clemency, pardon, parole, or other relief from sentence shall  be rendered only by a written decision which shall be signed by at least  the number of board members required for the relief granted and which  shall become a part of the permanent record.
(c)  Good  conduct, achievement of a fifth-grade level or higher on standardized  reading tests, and efficient performance of duties by an inmate shall be  considered by the board in his favor and shall merit consideration of  an application for pardon or parole. No inmate shall be placed on parole  until and unless the board shall find that there is reasonable  probability that, if he is so released, he will live and conduct himself  as a respectable and law-abiding person and that his release will be  compatible with his own welfare and the welfare of society. Furthermore,  no person shall be released on pardon or placed on parole unless and  until the board is satisfied that he will be suitably employed in  self-sustaining employment or that he will not become a public charge.  However, notwithstanding other provisions of this chapter, the board  may, in its discretion, grant pardon or parole to any aged or disabled  persons.
(d) (1)  Any person who is paroled  shall be released on such terms and conditions as the board shall  prescribe. The board shall diligently see that no peonage is allowed in  the guise of parole relationship or supervision. The parolee shall  remain in the legal custody of the board until the expiration of the  maximum term specified in his sentence or until he is pardoned by the  board.
      (2)  The board may require the  payment of a parole supervision fee of at least $10.00 per month as a  condition of parole or other conditional release. The monthly amount  shall be set by rule of the board and shall be uniform state wide. The  board may require or the parolee or person under conditional release may  request that up to 24 months of the supervision fee be paid in advance  of the time to be spent on parole or conditional release. In such cases,  any advance payments are nonreimbursable in the event of parole or  conditional release revocation or if parole or conditional release is  otherwise terminated prior to the expiration of the sentence being  served on parole or conditional release. Such fees shall be collected by  the board to be paid into the general fund of the state treasury.
(e)  If  a parolee violates the terms of his parole, he shall be subject to  rearrest or extradition for placement in the actual custody of the  board, to be redelivered to any state or county correctional institution  of this state.