Synopsis

The Board finds that its Rule 475-3-.05 regarding Parole Consideration, specifically paragraphs (10)(a), (12)(a), (13)(a), (14)(a), (15)(a), and (16)(a) is in need of revision so as to correct  grammatical errors and reduce the Crime Severity Levels for some theft and drug offenses.  The existing Rule contains grammatical errors and assigns higher Crime Severity Levels for some theft and drug offenses than the Board currently desires.  Therefore, in accordance with the Board’s grant of authority pursuant to the Georgia Constitution, and in accordance with O.C.G.A. § 42-9-45 and O.C.G.A. § 50-13-4, notice is hereby given to the public of the Board’s intent to amend paragraphs (10)(a), (12)(a), (13)(a), (14)(a), (15)(a), and (16)(a) of Rule 475-3-.05 pertaining to Parole Consideration.

                                                         Proposal

Note: Lined through text is proposed to be deleted and underlined text is proposed to be added.

Pursuant to the provision(s) of the Administrative Procedures Act, notice is hereby given to all interested persons that the State Board of Pardons and Paroles proposes to amend paragraphs (10)(a), (12)(a), (13)(a), (14)(a), (15)(a), and (16)(a) of Rule 475-3-.05 pertaining to Parole Consideration as follows:

475-3-.05 Parole Consideration

(10)(a) Offenders considered for parole using the Parole Decision Guidelines System

who are incarcerated for the following offenses shall be assigned a Crime Severity Level

of VII: attempted aggravated child molestation, attempted armed robbery, attempted

kidnapping, attempted aggravated sexual battery, attempted aggravated sodomy, pimping

or pandering a child under the age of 18, RICO, probation revocation based in on a Level

VIII offense, or probation revocation based on a Serious Violent Felony.

(12)(a) Offenders considered for parole using the Parole Decision Guidelines System

who are incarcerated for the following offenses shall be assigned a Crime Severity Level

of V: aggravated assault (no injury or weapon), arson I, VGCSA - Cocaine or

Methamphetamine - 28 to 199 grams, identity fraud, VGCSA – Marijuana – 10 to 1,999

pounds, manufacturing Methamphetamine – 2nd offense or child injured, VGCSA –

Opiates – 4 to 0 four grams or less, VGCSA – sale/distribution/intent to sell Schedule I or II drugs –3rd offense, or VGCSA – Methamphetamine Trafficking – less than 200 grams.

(13)(a) Offenders considered for parole using the Parole Decision Guidelines System

who are incarcerated for the following offenses shall be assigned a Crime Severity Level

of IV: arson II – $2,000, burglary – non-dwelling, over $5,000 or six or more counts,

homicide by vehicle – not DUI/habitual violator, manufacturing Methamphetamine –

near a child, serious injury by vehicle, theft of vehicle – four or more counts or 4th or

more offense, theft – over $10,000, VGCSA – sale/distribution/intent to sell Schedule I or II drugs – 2nd  3rd offense or greater.

(14)(a) Offenders considered for parole using the Parole Decision Guidelines System

who are incarcerated for the following offenses shall be assigned a Crime Severity Level

of III: burglary – non-dwelling – two to five counts - $2,001 to $5,000, credit card fraud

– more than 10 counts or $1,000, criminal damage – life in danger or over $2,000,

destroying or injuring police dog or horse, forgery I – over 10 counts or $1,000,

manufacturing Methamphetamine – 1st offense, obstruction of officer, possession/theft of

material to manufacture illegal drugs – 2nd offense, terroristic threat, theft – $5,000 to

$10,000 25,000 or more, theft of vehicle – for profit or 2nd and 3rd counts not for profit or 3rd offense, or VGCSA – 2ndsale or 3rd or greater possession – 2nd and 3rd offense.

(15)(a) Offenders considered for parole using the Parole Decision Guidelines System

who are incarcerated for the following offenses shall be assigned a Crime Severity Level

of II: bad checks – $2,000 or more, burglary – non-dwelling – $300 to $2,000 – one

count, credit card fraud – 10 or less counts or less than $1,000, criminal damage II – $300

to $2,000, forgery I – 10 or less counts or less than $1,000, possession of illegal firearm

or explosives, possession/theft of materials to manufacture illegal drugs – 1st offense,

reckless conduct by HIV-infected person, theft – $1,000 to $4,999 5,000 to $24,999, theft of vehicle – not for profit – 2nd offense, VGCSA – possession – 2nd offense, or VGCSA – sale/intent to sell/distribution – 1st offense.

(16)(a) Offenders considered for parole using the Parole Decision Guidelines System

who are incarcerated for the following offenses shall be assigned a Crime Severity Level

of I: bad checks – under $2,000, burglary – non-dwelling, less than $300 – one count,

credit card theft, criminal interference with government property, escape – no weapon,

aiding escape – no weapon, forgery II – 10 or less counts or less than $1000, habitual

violator, possession/passing forged prescriptions – 1st offense, possession of tools to

commit a crime, theft – less than $1,000 $4,999 or less, theft of vehicle – not for profit – one count – 1st offense, or VGCSA – possession – one count 1st offense.

The State Board of Pardons and Paroles will receive views presented by interested parties and otherwise consider this amendment of its Agency Rules at its next monthly open meeting, currently scheduled for 10:00 a.m. on Thursday, December 6, 2012, in the Board’s Hearing Room, 5th 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. § 42-9-1; O.C.G.A. § 42-9-40; O.C.G.A. § 42-9-45; and O.C.G.A. § 42-9-56.

                                                          This 6th day of November, 2012.

                                                                        La’Quandra L. Smith

                                                                        Secretary to the Board