Title 17, Chapter 10, Section 7
( 17-10-7)
(a) Except as otherwise provided in subsection (b) of this Code
section, any person convicted of a felony offense in this state or
having been convicted under the laws of any other state or of the
United States of a crime which if committed within this state would
be a felony and sentenced to confinement in a penal institution, who
shall afterwards commit a felony punishable by confinement in a
penal institution, shall be sentenced to undergo the longest period
of time prescribed for the punishment of the subsequent offense of
which he or she stands convicted, provided that, unless otherwise
provided by law, the trial judge may, in his or her discretion,
probate or suspend the maximum sentence prescribed for the offense. (b)(1) As used in this subsection, the term "serious violent felony" means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1. (2) Any person who has been convicted of a serious violent felony
in this state or who has been convicted under the laws of any
other state or of the United States of a crime which if committed
in this state would be a serious violent felony and who after such
first conviction subsequently commits and is convicted of a
serious violent felony for which such person is not sentenced to
death shall be sentenced to imprisonment for life without parole.
Any such sentence of life without parole shall not be suspended,
stayed, probated, deferred, or withheld, and any such person
sentenced pursuant to this paragraph shall not be eligible for any
form of pardon, parole, or early release administered by the State
Board of Pardons and Paroles or for any earned time, early
release, work release, leave, or any other sentence-reducing
measures under programs administered by the Department of
Corrections, the effect of which would be to reduce the sentence
of life imprisonment without possibility of parole, except as may
be authorized by any existing or future provisions of the
Constitution. (c) Except as otherwise provided in subsection (b) of this Code
section, any person who, after having been convicted under the laws
of this state for three felonies or having been convicted under the
laws of any other state or of the United States of three crimes
which if committed within this state would be felonies, commits a
felony within this state other than a capital felony must, upon
conviction for such fourth offense or for subsequent offenses, serve
the maximum time provided in the sentence of the judge based upon
such conviction and shall not be eligible for parole until the
maximum sentence has been served. (d) For the purpose of this Code section, conviction of two or more
crimes charged on separate counts of one indictment or accusation,
or in two or more indictments or accusations consolidated for trial,
shall be deemed to be only one conviction. (e) This Code section is supplemental to other provisions relating
to recidivous offenders. |