BOARD PROPOSES AMENDMENT TO AGENCY RULE 457-3-.06

The Georgia State Board of Pardons and Paroles proposes to amend its Agency Rule 475-3-.06, relating to time-served requirements for parole consideration at its next open meeting scheduled for 10:00 a.m. on October 5, 2004. The meeting will be held in the Georgia Department of Corrections Conference Room, 8th Floor, East Tower, 2 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.

To receive a copy of the proposed amendment, or to make written comment, please contact the Parole Board's Legal Services Office at 404-651-6671. Public comment will be allowed at the October 5, 2004 Board Meeting.


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So what does that mean exaclty?/?????? Are you going to the meeting?

oen

What is Agency Rule 475-3-.06????

That is what I want to know........it sounds positive but I can't find out WHAT EXACTLY it means. I got an email about it from another group and went to the site last week, but I can't find out what it means for us. I am planning to request a copy for review. I may go to the meeting too.

Milton E. "Buddy" Nix, Jr.
Board Chairman
Garland R. Hunt, Esq.
Vice-Chairman
Garfield Hammonds, Jr.
Member
Dr. Eugene P. Walker
Member
J. Michael Light
Member


News Release
For immediate release 09/03/2004
Phone: (404) 651-5897
FAX: (404) 463-6627 Contact: Heather Hedrick
Director of Public Information
Heather_Hedrick@pap.state.ga.us


BOARD PROPOSES AMENDMENT TO AGENCY RULE 457-3-.06



The Georgia State Board of Pardons and Paroles proposes to amend its Agency Rule 475-3-.06, relating to time-served requirements for parole consideration at its next open meeting scheduled for 10:00 a.m. on October 5, 2004. The meeting will be held in the Georgia Department of Corrections Conference Room, 8th Floor, East Tower, 2 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.

If you would like to make a public comment about the proposed amendment, please plan to do so at the Parole Board meeting scheduled for October 5, 2004. The proposed amendment is below:

NOTICE OF INTENT TO CONSIDER AMENDING AN AGENCY RULE

Synopsis

The Board finds that the Georgia Supreme Court’s ruling in Ray et al. v. Carthen, 275 Ga. 459, requires the modification of the rule pertaining to the time-served requirements for parole consideration. Therefore, in accordance with the Board’s grant of authority pursuant to O.C.G.A.§ 42-9-45, notice is hereby given to the public of the Board’s intent to amend its rules pertaining to the time-served requirements for parole consideration.

Proposal

(Note: Underlined text is proposed to be added; lined-through text is proposed to be deleted.)

Pursuant to the provision of the Administrative Procedures Act, notice is hereby given to all interested persons that the State Board of Pardons and Paroles proposes to amend its Agency Rule 475-3-.06, relating to Time-Served Requirements for Parole Consideration, by striking said rule in its entirety and inserting in lieu thereof a new rule to read as follows:

475-3-.06 Time-Served Requirements for Parole Consideration. Amended.
(1) An inmate serving a life sentence, for which parole is authorized by law, is
automatically considered for parole on the date permitted by applicable constitutional or
statutory law.
(2) An inmate serving a sentence other than life imprisonment, for which parole
consideration is authorized by law, is considered under Parole Decision Guidelines. As
soon as After investigations are complete, the Board applies the Parole Decision Guidelines to the particular circumstances of the inmate’s case renders a decision and notifies the inmate that he or she is denied parole throughout his or her confinement or notifies the inmate of a tentative parole month for some future time.
(3) If, upon the initial application of the Parole Decision Guidelines System, it is recommended that an inmate be denied parole throughout his or her confinement, the inmate will be considered for parole at the expiration of one-third of the sentence or sentences.

The State Board of Pardons and Paroles will receive views presented by interested parties and otherwise consider these amendments of this Agency Rule at its next monthly open meeting scheduled for 10:00 a.m. on Tuesday, October 5, 2004, in the Department of Corrections Conference Room, 8th floor, 2 Martin Luther King, Jr., Dr., Atlanta, Georgia. Written comments regarding this matter should be forwarded to the Board’s Legal Office at 2 M.L.K. Jr. Dr., Atlanta, Georgia 30334. If you have any questions, you should call the Board’s Legal Office at 404.651.6671.
Citation of Applicable Authority: Ga.Const.1983 Art.4, §.2, ¶ 2; O.C.G.A. § 42-9-20; O.C.G.A. § 42-9-40; O.C.G.A. § 42-9-42; O.C.G.A. § 42-9-45; O.C.G.A. § 42-9-46 and Ray v. Carthen 275 Ga. 459.

This 3rd day of September 2004.



Tracy D. Masters
Secretary to the Board

I called the PAP and was told it had nothing to do with the 90% policy and someone else called and was told it did! Does anyone know?

Oh god if it goes thru J could be home 6 months sooner which means around 5-05 ok yall keep me posted if this passes. I think I will print it and sent it to him. He was told that he will not go before the parole board again and will be realeased on the maximum release date. Our sons birthday is May 13 ----will be make it home before his 5th birthday.......? OOHHH I got a new date to pray for.

ONE

I don't want to sound stupid, but I don't understand what all of this means? Can anyone explain it to me? My son has to do 12 years under the 90% policy, with 10 more years to go. Is this something that could effect him? Oh God, I pray so!

Keb--
I cant answer your question. I do know someone will be around later that can answer your question. I made a copy for J and I am mailing it to him today. I have been really down lately. So much going on in my little head. I am gonna try and visit him soon with our son. For some reason I cant get all the should have's would haves out of my head and it's killing me. I do good for a while then boom. SOrry to ramble. I hope the mailroom will allow him to have this copy I printed for him.

ONE

I was told by the PAP and by another site that this proposed amendment is NOT related to the 90% policy.............. :( I was disappointed too because so many are in this predictament. But maybe that will be next. We ALL need HOPE but I don't want anyone living on false hope, so I am just passing along what I was told. I guess we'll soon see.........................this will still be a good thing for families whose loved one's have very long or life sentences. And it is good that the PAP is stepping up in any capacity to do any positive changes when looking back at their track record.