PUNISHMENT FOR SERIOUS VIOLENT OFFENDERS
Definition of Serious Violent Felony
(1) Murder or felony murder,
(2) Armed robbery,
(3) Kidnapping,
(4) Rape,
(5) Aggravated child molestation,
(6) Aggravated sodomy, or
(7) Aggravated sexual battery.
Sentencing for Any of The Above Except Murder
First
Offender probation
is not available for a serious violent felony.
Any person convicted
of kidnapping involving a victim who is under 14 years of age, or
convicted of offenses 4-7 shall, unless sentenced to life
imprisonment, be sentenced to a split sentence which shall include a
mandatory minimum term of imprisonment of 25 years, followed by
probation for life.
Except as otherwise provided in subsection (c) of Code Section
42-9-39, for a first conviction of a serious violent felony in
which the accused has been sentenced to life imprisonment, that
person shall not be eligible for any form of parole or early release
administered by the State Board of Pardons and Paroles until that
person has served a minimum of 30 years in prison.
For a first
conviction of a serious violent felony in which the accused has
been sentenced to death but the sentence of death has been commuted
to life imprisonment, that person shall not be eligible for any form
of parole or early release administered by the State Board of
Pardons and Paroles until that person has served a minimum of 30
years in prison.
OCGA § 17-10-6.1
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