In July 2024, the Georgia Court of Appeals’ decision in Roundtree v. State dramatically impacted parole eligibility for people sentenced below the “mandatory minimum” under OCGA §16-13-31. Previously, such departures appeared to preclude the possibility of parole, but Roundtree led the Parole Board to conclude these individuals were parole eligible—prompting reconsideration and TPMs for those previously deemed ineligible.

However, SB 79 adversely amended OCGA §16-13-31:  any sentencing departure pursuant to §16-13-31(g), with an offense date of July 1, 2025, or after, is now ineligible for parole. This creates a complicated analysis for trial lawyers when considering whether to ask for a sentencing departure with conduct before July 1, 2025, falling under Roundtree, and conduct after July 1, 2025, under the amended statute.

Join Jodi Dick and Abbi Taylor as they review relevant legislative history, Roundtree, the statutory “fix,” and parole considerations moving forward.