Parole in the state of georgia was recently denied due to o.c.g.a 42-9-42(c). Can someone explain?

[TyJanelle]

What is the name of your state? Georgia

 

[Zigner]

What is the name of your state? Georgia

Yes, that means that parole was not granted based on the provisions of O.C.G.A. 42-9-42(c). Somebody's going to remain incarcerated.

Here's the code section: https://law.justia.com/codes/georgia/2010/title-42/chapter-9/article-2/42-9-42/

The relevant portion reads:
(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.

So it sounds like the board wasn't convinced that the person in question, if released, would be act as a respectable and law-abiding person and that release would be compatible with his (or her) own welfare or that of society. It could also hinge on the board not being convinced that he (or she) would be suitably employed and/or would not become a public charge.

 

[Just Blue]

What is the name of your state? Georgia

Since you provided absolutely no information pertinent to the specific case, what is it about this you don't understand regarding your case:
https://law.justia.com/codes/georgia/2010/title-42/chapter-9/article-2/42-9-42/

(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.

 

[Zigner]

Since you provided absolutely no information pertinent to the specific case, what is it about this you don't understand regarding your case:
https://law.justia.com/codes/georgia/2010/title-42/chapter-9/article-2/42-9-42/

I also added that information as an edit to my post above...

 

[TyJanelle]

So based on your knowledge this code have absolutely nothing to do with victims impact??

 

[Just Blue]

So based on your knowledge this code have absolutely nothing to do with victims impact??

No one said that. Please, provide some information regarding the specific situation to make it easier on you... and us.

 

[Zigner]

So based on your knowledge this code have absolutely nothing to do with victims impact??

I agree with Just Blue that nobody said that, and I will add that, based only on what you posted, there would be no way to tell if "victims impact" (impact statement, I'm assuming) had any bearing on the decision.

 

[TyJanelle]

And inmate was reviewed for parole ...Parole sent notification saying that they reviewed the case and chose to rescind original parole due to ocga 42-9-42c. They decided original parole date wasn't compatible with the welfare of society. Inmate has e a earned a year off sentence due to good behavior, good work history and completion of education programs and case plan ...but in the same breath parole is denied? Inmate is incarcerated for voluntary manslaughter. Completed 14 yrs of 20 yr sentence. Just trying to understand deny so that I can assist with appeal

 

[Zigner]

Just trying to understand deny so that I can assist with appeal

The best assistance you could provide would be to hire an attorney.

 

[Just Blue]

And inmate was reviewed for parole ...Parole sent notification saying that they reviewed the case and chose to rescind original parole due to ocga 42-9-42c. They decided original parole date wasn't compatible with the welfare of society. Inmate has e a earned a year off sentence due to good behavior, good work history and completion of education programs and case plan ...but in the same breath parole is denied? Inmate is incarcerated for voluntary manslaughter. Completed 14 yrs of 20 yr sentence. Just trying to understand deny so that I can assist with appeal

Are you an attorney? No? Then you can't "help" with his parole appeal...unless you are paying for his attorney.

 

[TyJanelle]

Lol if that was financially possible I wouldn't be here explaining or trying to understand for myself. Thank you kindly though.

 

[Just Blue]

Lol if that was financially possible I wouldn't be here explaining or trying to understand for myself. Thank you kindly though.

There is only so much assistance a layperson, such as yourself (and me for that matter), can LEGALLY do without violating the law.

If you wish you could call the Georgia Bar Association, get some referrals for Criminal Law Attorneys and get their opinion. https://www.gabar.org/


Usually the consult cost is reduced.

 

[Ohiogal]

Lol if that was financially possible I wouldn't be here explaining or trying to understand for myself. Thank you kindly though.

So you are admitting you want to practice law without a license? That is a big no no. You can be sanctioned and fined and maybe even criminally charged.

 

[TyJanelle]

In the state of georgia an attorney isn't needed to appeal the Parole board decision. A parole attorney actually isn't even advised. Im just try to gather as much insight and knowledge as possible(my reasoning for being here) to relay my findings because information is scarce for the incarcerated. He is actually doing the appeal himself. But again...thanks.

 

[Ohiogal]

In the state of georgia an attorney isn't needed to appeal the Parole board decision. A parole attorney actually isn't even advised. Im just try to gather as much insight and knowledge as possible(my reasoning for being here) to relay my findings because information is scarce for the incarcerated. He is actually doing the appeal himself. But again...thanks.

He should try the prison library.