2010 Georgia Code 42-9-53 Case Law
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One Click Case Law for § 42-9-53
O.C.G.A. § 42-9-52 <-- --> O.C.G.A. §42-9-54



2010 Georgia Code

TITLE 42 - PENAL INSTITUTIONS

CHAPTER 9 - PARDONS AND PAROLES
ARTICLE 2 - GRANTS OF PARDONS, PAROLES, AND OTHER RELIEF
§ 42-9-53 - Preservation of documents; classification of information and documents; divulgence of confidential state secrets; conduct of hearings

O.C.G.A. 42-9-53 (2010)
42-9-53. Preservation of documents; classification of information and documents; divulgence of confidential state secrets; conduct of hearings


(a) Subject to other laws, the board shall preserve on file all documents on which it has acted in the granting of pardons, paroles, and other relief.

(b) All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all records, papers, and documents coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by a resolution of the board passed at a duly constituted session of the board; provided, however, that the board shall be authorized to disclose to an alleged violator of parole or conditional release the evidence introduced against him at a final hearing on the matter of revocation of parole or conditional release.

(c) No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a violation of this Code section or conspires to violate this Code section shall be guilty of a misdemeanor.

(d) All hearings required to be held by this chapter shall be public, and the transcript thereof shall be exempt from subsection (b) of this Code section. All records and documents which were public records at the time they were received by the board are exempt from subsection (b) of this Code section. All information, reports, and documents required by law to be made available to the General Assembly, the Governor, or the state auditor are exempt from subsection (b) of this Code section.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com