Staff Analysis of the Legislation
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HB 71 amends Chapter 17 of Title 17 and Chapter 9 of Title 42 of the O.C.G.A, to create new avenues of accountability and transparency for the State Board of Pardons and Parole. It seeks to make records from the
Board¿s decisions accessible to the public. Information related to evidence, votes on commutation and pardons, and the sex offender registry are covered. Section 1 amends Code Section 17-17-13 by adding the requirement that, within 72 hours of receiving a request to commute a
death sentence, the Board must provide notification to a victim of the date set for hearing such request and provide the victim with the opportunity to file a written response to the request. Section 7 amends Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, by adding subparagraph (D) to 42-9-53(b)(2). This subparagraph requires the Board to disclose upon request all records, papers, and documents the Board considered in granting or denying a pardon or commuting a death sentence, after a decision has been reached. It lists exceptions to disclosure, including internal communication among board members. When the Board considers granting a pardon, it must notify the prosecutor who prosecuted the crimes at issue. |
