Section 42-5-85. Leave privileges of inmates serving murder sentences

   (a) As used in this Code section only, the term "aggravating circumstance" means that:

   (1) The murder was committed by a person with a prior record of conviction for a capital felony;

   (2) The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary in any degree, or arson in the first degree;

   (3) The offender, by his act of murder, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;

   (4) The offender committed the murder for himself or another, for the purpose of receiving money or any other thing of monetary value;

   (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties;

   (6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;

   (7) The murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;

   (8) The murder was committed against any peace officer, corrections employee, or firefighter while engaged in the performance of his official duties;

   (9) The murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or

   (10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement of himself or another.

(b) No special leave, emergency leave, or limited leave privileges shall be granted to any inmate who is serving a murder sentence unless the commissioner has approved in writing a written finding by the department that the murder did not involve any aggravating circumstance.

(c) The department shall make a finding that a murder did not involve an aggravating circumstance only after an independent review of the record of the trial resulting in the conviction or of the facts upon which the conviction was based.

Code 1981, § 42-5-85, enacted by Ga. L. 1983, p. 1806, § 2; Ga. L. 1984, p. 22, § 42; Ga. L. 1996, p. 748, § 22; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2012, p. 899, § 8-15/HB 1176.