Chapter 10. Sentence and Punishment

Article 1. Procedure For Sentencing and Imposition of Punishment

• OCGA § 17-10-1 Fixing of Sentence; Suspension Or Probation of Sentence; Change In Sentence; Eligibility For Parole; Prohibited Modifications; Exceptions
• OCGA § 17-10-1.1 Judicial Consideration of Victim Impact Statement; Form Document; Manner of Rebuttal; Effect of Noncompliance; No Creation of Cause of Action Or Right of Appeal
• OCGA § 17-10-1.2 Oral Victim Impact Statement; Presentation of Evidence; Cross-Examination and Rebuttal By Defendant; Effect of Noncompliance; No Creation of Cause of Action Or Right of Appeal
• OCGA § 17-10-1.3 Factoring Into Sentencing Determinations Citizenship Status of Convict
• OCGA § 17-10-1.4 Split Sentence
• OCGA § 17-10-2 Conduct of Presentence Hearings In Felony Cases; Effect of Reversal For Error In Presentence Hearing
• OCGA § 17-10-3 Punishment For Misdemeanors Generally
• OCGA § 17-10-3.1 Punishment For Violations of Code Section 40-6-391
• OCGA § 17-10-4 Punishment For Misdemeanors of a High and Aggravated Nature
• OCGA § 17-10-5 Imposition of Misdemeanor Punishment For Felonies Punishable By Imprisonment For Term of Ten Years Or Less
• OCGA § 17-10-6 [Repealed] Review of Sentences of Imprisonment For Period Exceeding 12 Years By Three-Judge Panel
• OCGA § 17-10-6.1 Punishment For Serious Violent Offenders; Authorization For Reduction In Mandatory Minimum Sentencing
• OCGA § 17-10-6.2 Punishment For Sexual Offenders
• OCGA § 17-10-6.3 Disposition of Cases Currently Under Review By Three-Judge Panel; Duties and Responsibilities of the President of the Council of Superior Court Judges of Georgia With Respect to Abolishing the Three-Judge Panel
• OCGA § 17-10-7 Punishment of Repeat Offenders; Punishment and Eligibility For Parole of Persons Convicted of Fourth Felony Offense
• OCGA § 17-10-8 Payment of Fine In Felony Case; Rebate Or Refund of Fine Not Permitted Upon Revocation of Probation
• OCGA § 17-10-8.1 Fee For Legal Defense Services As Condition of Probation
• OCGA § 17-10-9 Specification By Judge Imposing Sentence of Time From Which Penal Sentence to Run; Effect of Appeal
• OCGA § 17-10-9.1 Voluntary Surrender to County Jail Or Correctional Institution; Release of Defendant
• OCGA § 17-10-10 Concurrent Sentences
• OCGA § 17-10-11 Granting of Credit Generally; Exceptions; Use In Determining Parole Eligibility; Applicability of Code Section
• OCGA § 17-10-12 Affidavit Specifying Number of Days Spent In Confinement; Disposition of Affidavit; Granting of Credit to Defendant
• OCGA § 17-10-13 Legal Adjudication of Guilt In Court Having Jurisdiction to Precede Assessment of Punishment
• OCGA § 17-10-14 Committal of Person Under 17 Convicted of Felony
• OCGA § 17-10-15 Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results
• OCGA § 17-10-16 Sentence to Imprisonment For Life Without Parole Authorized; Ineligibility For Parole Or Leave Programs
• OCGA § 17-10-16.1 Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence
• OCGA § 17-10-17 Sentencing of Defendants Guilty of Crimes Involving Bias Or Prejudice; Identification of Increased Sentence
• OCGA § 17-10-18 Notification to Seek Enhanced Penalty
• OCGA § 17-10-19 Determination of Defendant's Guilt; Object of the Offense; Enhancement of Sentence
• OCGA § 17-10-20 Collection of Fines and Restitution In Criminal Cases
• OCGA § 17-10-21 Vacating of Sentence For Trafficking Victim Defendants

Article 2. Death Penalty Generally

• OCGA § 17-10-30 Procedure For Imposition of Death Penalty Generally
• OCGA § 17-10-30.1 [Repealed] Imprisonment For Life Without Parole; Finding of Statutory Aggravating Circumstance Required; Duties of Judge and Jury
• OCGA § 17-10-31 Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Death Penalty Prior to Imposition; Arguments Ofcounsel During Sentencing Phase; Jury Instructions; Actions of Judge In Event of Failure to Reach Unanimous Verdict
• OCGA § 17-10-31.1 [Repealed] Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Sentence of Death Or Life Without Parole; Duties of Judge; Jury Instruction On Meaning of "Life Without Parole" and "Life Imprisonment."
• OCGA § 17-10-32 Sentencing of Person Indicted For Capital Offense to Life Imprisonment Or Other Punishment Upon Plea of Guilty
• OCGA § 17-10-32.1 [Repealed] Sentencing of Person Subject to Death Penalty Or Life Without Parole Upon Plea of Guilty; Duties of Judge
• OCGA § 17-10-33 Imposition of Sentence of Death Upon Judgment of Death; to Whom Copies of Sentence Sent; Conveying Defendant to State Correctional Institution; Expenses of Transporting Defendant
• OCGA § 17-10-34 Sentence to Specify Time Period For and Place of Execution; Appointing Time Period For Execution of Pregnant Female
• OCGA § 17-10-35 Review of Death Sentences By Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included In Decision; Direct Appeal to Be Consolidated With Sentence Review
• OCGA § 17-10-35.1 Review of Pretrial Proceedings When Death Penalty Is Sought; Reports Investigating Reversible Error; Transmittal of Reportsto Supreme Court; Orders Regarding Review; Attorney General Assistance; Res Judicata; Applicability; Waiver of Rights
• OCGA § 17-10-35.2 Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings
• OCGA § 17-10-36 Establishment of Unified Review Procedure By Supreme Court; Effect On Habeas Corpus
• OCGA § 17-10-37 Appointment of Assistant to Supreme Court to Review Death Sentences; Employment of Staff to Compile Data
• OCGA § 17-10-38 Death Sentences Generally
• OCGA § 17-10-39 Procedure For Determination If Female Sentenced to Death Is Pregnant; Suspension of Execution of Sentence; Issuance of New Order For Execution of Sentence; Entry of Order Upon Minutes of Court
• OCGA § 17-10-40 Change of Time Period For Execution When Time Period Set For Execution Has Passed; Recordation On Court Minutes; Length of and Time Limitation For New Time Period For Execution; Setting Day and Time For Execution
• OCGA § 17-10-41 Persons Required to Be Present At Executions
• OCGA § 17-10-42 Preparation and Filing of Certification of Execution
• OCGA § 17-10-42.1 Participation of Medical Professionals In Executions
• OCGA § 17-10-43 Disposition of Body of Executed Person; Payment of Expenses of Transporting Body
• OCGA § 17-10-44 Apparatus, Machinery, and Appliances

Article 3. Mentally Incompetent to Be Executed

• OCGA § 17-10-60 "Mentally Incompetent to Be Executed" Defined
• OCGA § 17-10-61 No Execution Upon Determination of Mental Incompetency to Be Executed
• OCGA § 17-10-62 Exclusive Procedure For Challenging Mental Competency to Be Executed
• OCGA § 17-10-63 Filing of Application; Contents
• OCGA § 17-10-64 Service of Application
• OCGA § 17-10-65 Answer By Respondent
• OCGA § 17-10-66 Examination of Applicant
• OCGA § 17-10-67 When Application to Be Filed
• OCGA § 17-10-68 Proof; Disposition
• OCGA § 17-10-69 Prior Adjudication As Presumption of Mental Competency
• OCGA § 17-10-70 Appeals
• OCGA § 17-10-71 Procedure Upon Convicted Person's Regaining Mental Competency