Three Categories of Inmates Ineligible for Parole in Georgia

An attorney who leads a team of associates in Atlanta, Georgia, Michael Kennedy McIntyre has headed his firm since 1985. Michael Kennedy McIntyre & Associates handles postconviction representation including representation before the Georgia Board of Pardons and Paroles. Most Georgia inmates have the legal right of parole consideration unless they fall into one or more of the three following categories. First and foremost, any inmate serving a life sentence without parole cannot file for parole consideration. Second, any inmate serving a non-life sentence for a serious felony committed after December 31, 1994, is ineligible for parole due to the Georgia General Assembly passage of State Bill 441. Felony crimes covered by this bill include armed robbery, kidnapping, and aggravated sexual battery. Third, the Georgia court system cannot grant parole to inmates who have received more than three felony convictions under a recidivist sentence. Although individuals who are unencumbered by the above restrictions are automatically eligible for parole consideration, the Georgia Parole Board must approve any form of clemency for all state inmates.

Petition for Removal from the Georgia Sex Offender Registry Process

Michael Kennedy McIntyre & Associates deals exclusively in post-conviction representation. One of the services Michael Kennedy McIntyre & Associates offers clients is representation for removal from the Georgia Sex Offender Registry. Before the application for removal from the sex offender registry, the individual must confirm eligibility based on several factors. The factors include completion of required incarceration, parole, probation, and supervision as part of the sentence. If completed, other variables to be removed from the registry include completion of 10 years since the sentence and a Level 1 (low) risk assessment designation by the Sex Offender Registration and Review Board (SORRB). Six other additional criteria mainly cover using deadly weapons, physical restraint, physical harm, and transporting the victim during the offense. If eligible, the individual files a petition for release in the county’s Superior Court at the location of conviction or residence, if from out of state. Copies of the petition should be sent to the sheriff and district attorney of both counties. If the SORRB has not classified the offender, as happens if there was no recent conviction, the court orders a risk assessment and classification within 90 days. If the classification is above the level I, the individual can appeal. If at Level I or 10 years have been served, the individual is eligible to request removal from the registry. The removal case proceeds to a hearing for determination.

Georgia’s Sexual Assault Laws

Michael McIntyre is an attorney and lead counsel with Michael Kennedy McIntyre & Associates. Leading Michael Kennedy McIntyre & Associates since 1985, Michael McIntyre endeavors to keep abreast of the latest changes in Georgia law, including sex offense laws.

Sexual assault laws in Georgia differ from from many other states in the US. Below are three sexual assault laws worth noting in Georgia.

Sexual battery
Sexual battery happens when an individual purposefully makes physical contact with another person’s intimate parts without their consent. Considered a high-order misdemeanor, sexual battery carries a jail term of up to 12 months and a $5,000 fine in Georgia. However, aggravated sexual battery can lead to a sentence of 25 years to life imprisonment.

Romeo and Juliet sexual battery laws
Under sexual battery laws in Georgia, even young lovers can be punished within the confines of “Romeo and Juliet” laws. The laws apply if the victim falls within the 14-16 year-old bracket and the accused is 18 years old.

Improper sexual contact laws
Sexual relations involving a person of trust over another or in a position of authority are punishable under Georgia law. This includes a person with disciplinary or supervisory authority over someone.

Georgia Department of Community Supervision

Department of Community Supervision
Image: dcs.georgia.gov

Michael Kennedy McIntyre opened his practice, Michael Kennedy McIntyre & Associates in Atlanta, Georgia, over 30 years ago and specializes in post-conviction representation. McIntyre & Associates is available to assist individuals with issues that arise while on parole or probation in Georgia. For years in Georgia, parolees were supervised by the Georgia Board of Pardons and Paroles and probationers were supervised by the Georgia Department of Corrections. In 2015, based upon a review by the Georgia Council of Criminal Justice Reform, a bill was introduced to the Georgia Assembly which would combine the supervision of parolees and probationers by creating one state agency that would be responsible for all offender supervision. That bill, HB 310, was signed into law in May 2015 by Governor Deal and thereby created the Department of Community Supervision (DCS). The DCS monitors both parolees and probationers has its headquarters in Atlanta and field offices throughout the state.