Registered Victims and Prosecutors to be notified

Atlanta, GA – The State Board of Pardons and Paroles has proposed rule changes regarding the Board’s consideration of pardons for ex-offenders convicted of violent crimes including sex offenses. At the Board’s December 2nd meeting, the Board Members provisionally adopted a rule change opening a 30-day public comment period. At the end of the comment period, pursuant to the state’s Administrative Procedures Act, the Board would then move to adopt the rule changes unless other changes are considered.

Among the proposed changes is a provision to notify registered victims and the district attorney when an ex-offender convicted of a violent crime or sex offense applies for a pardon. The change will allow those receiving notification 10 days to respond with information prior to the Board making a final decision on the pardon.

Additionally, the Board is proposing that notifications will be made to registered victims and district attorneys when the Board is considering restoring firearm rights to any ex-offender. Registered victims and district attorneys would have 10 days to send the Board information regarding those cases. Applicants seeking a pardon with restoration of firearm rights will still be required to submit three letters of reference. Sex offenders seeking restoration of firearm rights will have to undergo a psychosexual evaluation and pass a polygraph test. The Board will continue to interview the applicants seeking restoration of firearm rights.

The Board is also proposing to change the waiting period to apply for a pardon from five to ten years for sex offenders who are required to be on the state’s sex offender registry. Currently, in order to be eligible for consideration of a pardon, ex-offenders must have completed all sentences, including all parole or probation supervision, and a minimum of five years beyond the end of the sentence without criminal involvement (activity or an arrest). 

The Board is proposing the new notification process, not required by law, in order to improve the overall pardon application process and is doing so by Board rule, also not required by law, in order to ensure transparency and to hold future parole boards accountable should there be a decision to weaken the process.

Executive Director of Parole, Michael Nail, stated that the changes are, “a direct testament to the commitment the current Parole Board has to see that these changes address transparency while continuing to ensure public safety.”

Over the past several months, the Board met with victim advocates, judges and district attorneys which resulted in dialogue that was considered in the proposed rule changes.  

Parole Board Chairman Terry Barnard noted the Board has been working for more than a year to improve the pardon process and the meetings with the DA’s have allowed that group to participate in the process.

Vice Chairman James Mills said, “Notification to DA’s and victims in writing, again, I think, is only making this process better.”

Board Members noted that the proposed rule changes will be available for the public’s review and comment.

In 2012, the Parole Board began addressing a major backlog of more than 1,400 pardon applications that had not been processed in a timely manner. As a result of addressing the backlog, a disproportionate number of pardon grants by comparison to previous years was recorded in 2013.

In October 2013, the Parole Board immediately ceased granting pardons for registered sex offenders after it was determined a pardon may eliminate the offender’s requirement to register as a sex offender.

A pardon is an order of official forgiveness from the state of Georgia and is attached to the ex-offender’s criminal record. However a pardon does not expunge, remove or erase the crime from the ex-offender’s record.

The State Board of Pardons and Paroles is a part of the executive branch of Georgia's government, constitutionally authorized to grant paroles, pardons, reprieves, remissions, commutations, and to restore civil and political rights.

To learn more about the pardon process please visit; www.pap.georgia.gov. 

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