In Georgia, the Board of Pardons and Paroles makes decisions regarding when a person can be released from parole. In most cases, the Board has wide power to grant an earlier release from a sentence being served on parole. Certain crimes are not eligible for discharge.

O.C.G.A. § 42-9-52 statutorily gives the Board the authority to discharge a person from parole prior to the end of the term for which the person was sentenced so long as the individual’s charges are not statutorily barred from early discharge. Pardon or commutation of a sentence can also relieve the person of paying any fine, forfeiture, or penalty.

The Board is given authority to set its own rules and regulations, Georgia Administrative Code at 475-3-.10 (7), which dictates how it can exercise its discretion. Those rules and regulations are:

(7) Early Terminations and Discharges:

(a) The Board will consider an early termination of parole in the following circumstances:

1. The offender, serving a sentence for a non-violent offense, has served on parole two years with satisfactory adjustment in society.

2. The offender, serving a sentence for the offenses of First Degree Arson, Firearms Offenses, or Trafficking, has served on parole three years with a satisfactory adjustment in society.

3. The offender, serving a sentence for a violent offense, has served on parole five years with a satisfactory adjustment in society.

(b) Application for any early termination or discharge from parole may be made in any written form stating the basis on which the discharge is sought.