When can a person be discharged from parole?

In Georgia, the Board of Pardons and Paroles determines when a person may be discharged from parole. The Board has discretion under the law in most cases to grant early termination of a sentence being served on parole. Some offenses are not eligible for discharge.

O.C.G.A. § 42-9-52 statutorily grants the Board the authority to discharge a person from parole prior to the expiration of the term for which the person was sentenced. This is true if it is not an offense which is statutorily barred from early discharge. That authority includes the ability to pardon someone at the same time. Pardon or commutation of a sentence can also relieve the person of paying any fine, forfeiture or penalty.

The Board may also relieve a person on parole from further reporting while leaving the sentence in place.

The Board is given authority to set its own rules and regulations about how it will exercise its discretion.

These rules are set out in the Georgia Administrative Code at 475-3-.10 (7).

(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.