Section 42-9-43.1. Citizenship status of prisoner; deportation

   (a) In determining whether to grant parole the board shall be authorized to make inquiry into whether the prisoner is lawfully present in the United States under federal law.

(b) If the board determines that the prisoner is not lawfully present in the United States, the board shall be authorized to make inquiry into whether the prisoner would be legally subject to deportation from the United States while on parole.

(c) If the board determines that the prisoner would be legally subject to deportation from the United States while on parole, the board may:

   (1) Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal cases;

   (2) Consider the likelihood that deportation may intervene to frustrate that state interest if parole is granted; and

   (3) Where appropriate, decline to grant parole in furtherance of the state interest in certain and complete execution of sentences.

(d) Any grant of parole to an alien prisoner, as such term is defined in Code Section 42-1-11.1, who is subject to deportation shall be conditioned upon the deportation of such prisoner pursuant to a final removal order and a further condition that such prisoner abide by the deportation order and all immigration laws of the United States.

Code 1981, § 42-9-43.1, enacted by Ga. L. 2007, p. 34, § 2/SB 23; Ga. L. 2010, p. 263, § 3/SB 136.