HB 737 - Juvenile proceedings and parental rights; extensive revision

Georgia House of Representatives - 1995/1996 Sessions

HB 737 - Juvenile proceedings and parental rights; extensive revision

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25
Code Sections - 15-11-5.1/ 15-11-8.1/ 15-11-49/ 15-11-50/ 15-11-49/ 15-11-50/ 15-11-58/ 15-11-59/ 15-11-59/ 15-11-60/ 15-11-61/ 15-11-67
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1. Woods  32nd

House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/15/95 Read 1st Time 2/16/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 737 LC 22 1595 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 11 of Title 15 of the Official Code of 1- 2 Georgia Annotated, relating to juvenile proceedings and 1- 3 parental rights, so as to revise such chapter extensively; 1- 4 to change the jurisdiction of the juvenile court; to change 1- 5 the exclusive jurisdiction of the superior court; to provide 1- 6 for preservation of custody and bond requirements in certain 1- 7 case transfers; to change the applicability of certain 1- 8 provisions based on the age of children to apply to children 1- 9 from 11 to 16 years of age; to prohibit extension or 1-10 termination of probation for probation violations; to change 1-11 provisions for release of children taken into custody to 1-12 their parents; to require bond for the release of children 1-13 who are detained; to provide for possible contempt actions 1-14 regarding parents, guardians, or other custodians who fail 1-15 to bring their child to court as requested; to provide for 1-16 notice when a child is in jail; to change provisions for 1-17 excluding the general public from hearings involving 1-18 delinquency, deprivation, or unruliness; to change 1-19 provisions relating to designated felonies and transfers; to 1-20 change provisions relating to orders committing children to 1-21 the Department of Children and Youth Services and release 1-22 after such commitment; to strike provisions relating to 1-23 juvenile traffic offenses and juvenile traffic court judges; 1-24 to change provisions limiting inspection of files and 1-25 records of the juvenile court and relating to fingerprinting 1-26 and photographing of a child; to change provisions relating 1-27 to sealing juvenile files and records; to provide for powers 1-28 of the juvenile court as a court of inquiry regarding 1-29 persons 16 years of age or over; to authorize and provide 1-30 jurisdiction for orders to parents to pay costs of 1-31 detention, treatment, and rehabilitation; to amend Chapter 1-32 4A of Title 49 of the Official Code of Georgia Annotated, 1-33 relating to the Children and Youth Services Department, so 1-34 as to provide for notification by the Department of Children 1-35 and Youth Services of plans to release certain delinquent 1-36 youth; to provide for hearing and denial of such plans; to 1-37 provide for related matters; to provide an effective date -1- (Index) LC 22 1595 2- 1 and a contingent effective clause; to repeal conflicting 2- 2 laws; and for other purposes. 2- 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 2- 4 Chapter 11 of Title 15 of the Official Code of Georgia 2- 5 Annotated, relating to juvenile proceedings and parental 2- 6 rights, is amended by striking in its entirety paragraph (2) 2- 7 of Code Section 15-11-2, relating to definitions, and 2- 8 inserting in lieu thereof a new paragraph to read as 2- 9 follows: 2-10 "(2) 'Child' means any individual who is: 2-11 (A) Under the age of 17 16 years; or 2-12 (B) Under the age of 21 years, who committed an act of 2-13 delinquency before reaching the age of 17 16 years, 2-14 and who has been placed under the supervision of the 2-15 court or on probation to the court; or 2-16 (C) Under the age of 18 19 years, if alleged to be a 2-17 'deprived child' or 'status offender' as defined by in 2-18 this article." SECTION 2. 2-19 Said chapter is further amended by striking in their 2-20 entirety subsections (b), (c), and (d) of Code Section 2-21 15-11-5, relating to jurisdiction of the juvenile court, and 2-22 inserting in lieu thereof new subsections, respectively, to 2-23 read as follows: 2-24 "(b) Criminal jurisdiction. (1) Except as provided in 2-25 paragraph (2) of this subsection, the court shall have 2-26 concurrent jurisdiction with the superior court over a 2-27 child who is alleged to have committed a delinquent act 2-28 which would be considered a crime if tried in a superior 2-29 court and for which the child may be punished by loss of 2-30 life, imprisonment for life without possibility of 2-31 parole, or confinement for life in a penal institution. 2-32 (2)(A) The superior court shall have exclusive 2-33 jurisdiction over any matter concerning any child 13 2-34 to 17 11 to 16 years of age who is alleged to have 2-35 committed any of the following offenses: 2-36 (i) Murder; 2-37 (ii) Voluntary manslaughter; -2- (Index) LC 22 1595 3- 1 (iii) Rape; 3- 2 (iv) Aggravated sodomy; 3- 3 (v) Aggravated child molestation; 3- 4 (vi) Aggravated sexual battery; or 3- 5 (vii) Armed robbery if committed with a firearm. 3- 6 (B) After indictment, the superior court may after 3- 7 investigation and for extraordinary cause transfer any 3- 8 case involving a child 13 to 17 11 to 16 years of age 3- 9 alleged to have committed any offense enumerated in 3-10 subparagraph (A) of this paragraph which is not 3-11 punishable by loss of life, imprisonment for life 3-12 without possibility of parole, or confinement for life 3-13 in a penal institution. Any such transfer shall be 3-14 appealable by the State of Georgia pursuant to Code 3-15 Section 5-7-1. Upon such a transfer by the superior 3-16 court, jurisdiction shall vest in the juvenile court 3-17 and jurisdiction of the superior court shall 3-18 terminate. Any case transferred by the superior court 3-19 to the juvenile court pursuant to this subparagraph 3-20 shall be subject to the designated felony provisions 3-21 of Code Section 15-11-37 and the transfer of the case 3-22 from superior court to juvenile court shall constitute 3-23 notice to the child that such case is subject to the 3-24 designated felony provisions of Code Section 15-11-37. 3-25 (C) Before indictment, the district attorney may, 3-26 after investigation and for extraordinary cause, 3-27 decline prosecution in the superior court of a child 3-28 13 to 17 11 to 16 years of age alleged to have 3-29 committed an offense specified in subparagraph (A) of 3-30 this paragraph. Upon declining such prosecution in 3-31 the superior court, the district attorney shall 3-32 immediately withdraw the case and lodge it the case in 3-33 the appropriate juvenile court for adjudication and 3-34 withdraw the case from the superior court, ensuring 3-35 that any custody and bond requirements are preserved 3-36 until the juvenile court is ready to act in the case. 3-37 Any case transferred by the district attorney to the 3-38 juvenile court pursuant to this subparagraph shall be 3-39 subject to the designated felony provisions of Code 3-40 Section 15-11-37 and the transfer of the case from 3-41 superior court to juvenile court shall constitute 3-42 notice to the child that such case is subject to the 3-43 designated felony provisions of Code Section 15-11-37. -3- (Index) LC 22 1595 4- 1 (D) The superior court may transfer any case involving 4- 2 a child 13 to 17 11 to 16 years of age alleged to have 4- 3 committed any offense enumerated in subparagraph (A) 4- 4 of this paragraph and convicted of a lesser included 4- 5 offense not included in subparagraph (A) of this 4- 6 paragraph to the juvenile court of the county of the 4- 7 child's residence where the offense was committed for 4- 8 disposition. Upon such a transfer by the superior 4- 9 court, jurisdiction shall vest in the juvenile court 4-10 and jurisdiction of the superior court shall 4-11 terminate. 4-12 (c) Concurrent custody and support jurisdiction. 4-13 (1) Where custody is the subject of controversy, except 4-14 in those cases where the law gives the superior courts 4-15 exclusive jurisdiction, in the consideration of these 4-16 cases the juvenile court shall have concurrent 4-17 jurisdiction to hear and determine the issue of custody 4-18 and support when the issue is transferred by proper 4-19 order of the superior court. 4-20 (2) The juvenile court shall have jurisdiction to order 4-21 reimbursement for costs to the state by the parent, 4-22 parents, guardian, or guardians of a child who is placed 4-23 in a youth detention center or other residential 4-24 treatment program or facility as a result of a juvenile 4-25 court finding that the child has committed a delinquent 4-26 act and is in need of supervision and treatment. 4-27 (d) Age limit for new actions. The juvenile court shall 4-28 not have jurisdiction to initiate any new action against 4-29 an individual for acts committed after he or she has 4-30 reached the age of 17 16 years. This subsection does not 4-31 affect the court's jurisdiction to enter extension orders 4-32 pursuant to Code Section 15-11-41." SECTION 3. 4-33 Said chapter is further amended by striking in its entirety 4-34 Code Section 15-11-5.1, relating to commitment of certain 4-35 children to the custody of the Department of Corrections, 4-36 and inserting in lieu thereof a new Code section to read as 4-37 follows: 4-38 "15-11-5.1. (Index) 4-39 A child 13 to 17 11 to 16 years of age convicted of any 4-40 offense enumerated in subparagraph (b)(2)(A) of Code 4-41 Section 15-11-5 shall be committed to the custody of the -4- (Index) LC 22 1595 5- 1 Department of Corrections; provided, however, that any 5- 2 juvenile child in the custody of the Department of 5- 3 Corrections shall be housed in a designated youth 5- 4 confinement unit until reaching the age of 17 16 5- 5 notwithstanding that such juvenile child was tried and 5- 6 convicted as an adult in superior court. Any designated 5- 7 youth confinement unit in which a juvenile child is housed 5- 8 shall be designed to ensure that juveniles children are at 5- 9 all times housed separately from any adult offender 5-10 incarcerated in the facility in which such youth 5-11 confinement unit is located and shall be designed to 5-12 facilitate rehabilitation of such juveniles children, 5-13 which shall mean that a youth confinement unit shall be of 5-14 a nondormitory design whenever possible and whenever such 5-15 facilities become available and staffed by personnel who 5-16 have received specialized training in the field of 5-17 juvenile justice. All designated youth confinement units 5-18 shall provide to children 11 to 16 youths 13 to 17 years 5-19 of age who have been sentenced to such units as a result 5-20 of a conviction in superior court as an adult of an 5-21 offense enumerated in subparagraph (b)(2)(A) of Code 5-22 Section 15-11-5 life skills training, academic or 5-23 vocational training, and substance abuse and violence 5-24 prevention counseling to the extent that appropriations 5-25 are available for such activities." SECTION 4. 5-26 Said chapter is further amended by inserting following Code 5-27 Section 15-11-8 a new Code section to be designated Code 5-28 Section 15-11-8.1 to read as follows: 5-29 "15-11-8.1. (Index) 5-30 The probation officer shall file a petition with the court 5-31 regarding a violation of probation. For a violation of 5-32 probation, the court may impose any dispositional 5-33 alternative otherwise available with the exception of 5-34 extending probation under the same terms and conditions as 5-35 previously ordered or terminating probation." SECTION 5. 5-36 Said chapter is further amended by striking in their 5-37 entirety subsections (a) and (b) of Code Section 15-11-19, 5-38 relating to procedure upon taking a child into custody, and 5-39 inserting in lieu thereof new subsections to read as 5-40 follows: -5- (Index) LC 22 1595 6- 1 "(a) Release to parents; delivery to medical facility, 6- 2 intake officer, or court. A person taking a child into 6- 3 custody, with all reasonable speed and without first 6- 4 taking the child elsewhere, shall: 6- 5 (1) Forthwith release without bond the child to his or 6- 6 her parents, guardian, or other custodian upon their 6- 7 positive identification of the child and their written 6- 8 promise to bring the child before the court when 6- 9 requested by the court on a day certain which shall be 6-10 noted on the complaint; 6-11 (2) Forthwith deliver the child to a medical facility if 6-12 the child is believed to suffer from a serious physical 6-13 condition or illness which requires prompt treatment 6-14 and, upon delivery, shall promptly contact a juvenile 6-15 court intake officer. Immediately upon being notified by 6-16 the person taking a child into custody, the intake 6-17 officer shall determine if such child should be 6-18 released, detained, or brought before the court. Prior 6-19 to an informal detention hearing or committal hearing 6-20 authorized under Code Sections 17-6-15 and 17-6-16 and 6-21 Articles 1, 2, and 8 of Chapter 7 of Title 17, the child 6-22 shall be placed in detention, if necessary, only in such 6-23 places as are authorized by Code Section 15-11-20; 6-24 (3) Bring the child immediately before the juvenile 6-25 court or promptly contact a juvenile court intake 6-26 officer. The intake officer shall determine if the child 6-27 should be released or detained. A child who is detained 6-28 shall be released only upon the posting of bail. Prior 6-29 to an informal detention hearing, the child shall be 6-30 placed in detention, if necessary, only in such places 6-31 as are authorized by Code Section 15-11-20; or 6-32 (4) Bring the child who is suspected of committing a 6-33 delinquent act before the superior court of the county 6-34 where the delinquent act occurred if the act is an act 6-35 over which the superior court has exclusive or 6-36 concurrent jurisdiction as provided in subsection (b) of 6-37 Code Section 15-11-5; however, pending a commitment 6-38 hearing authorized under Code Sections 17-6-15 and 6-39 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 6-40 17 or an indictment, the child shall be returned and 6-41 placed in detention, if necessary, only in such places 6-42 as are authorized by Code Section 15-11-20. -6- (Index) LC 22 1595 7- 1 (b) Failure of parent to bring child before court. If a 7- 2 parent, guardian, or other custodian, when requested, 7- 3 fails to bring the child before the court as provided in 7- 4 subsection (a) of this Code section, the court may issue 7- 5 its order directing that the child be taken into custody 7- 6 and brought before the court, and the court may require 7- 7 the parent, guardian, or other custodian to appear before 7- 8 the court for possible action regarding contempt of court. 7- 9 If it is necessary to place the child in detention prior 7-10 to his or her appearance in court, the child shall be 7-11 placed in a facility as authorized by Code Section 7-12 15-11-20." SECTION 6. 7-13 Said chapter is further amended by striking in its entirety 7-14 subsection (d) of Code Section 15-11-20, relating to 7-15 detention, and inserting in lieu thereof a new subsection to 7-16 read as follows: 7-17 "(d) Notification of court by official of jail. The 7-18 official in charge of a jail or other facility for the 7-19 detention of adult offenders or persons charged with a 7-20 crime shall immediately inform the juvenile court or a 7-21 duly authorized officer of the juvenile court if a person 7-22 who is or appears to be under the age of 17 16 years is 7-23 received at the facility and shall bring him or her before 7-24 the court upon request or deliver him or her to a 7-25 detention or shelter care facility designated by the 7-26 court; provided, however, the official in charge of a jail 7-27 or other facility for the detention of adult offenders or 7-28 persons charged with a crime shall immediately inform the 7-29 court in which the case is pending or a duly authorized 7-30 officer of such court if a person who is or appears to be 7-31 13 to 17 under 16 years of age and who is alleged to have 7-32 committed any offense enumerated in subparagraph (b)(2)(A) 7-33 of Code Section 15-11-5 is received at the facility and 7-34 shall bring him or her before the court upon request or 7-35 deliver him or her to a detention facility designated by 7-36 the court. Such child shall not be held in the jail, but 7-37 may be held in a temporary holding area outside of the 7-38 jail constructed as such for not longer than six hours 7-39 pending transfer to the detention facility. For purposes 7-40 of this Code section, the term 'jail' shall include not 7-41 only the cells, but any other secured area of the jail 7-42 adjacent to the cells in which adult offenders are held or 7-43 through which they are transported." -7- (Index) LC 22 1595 SECTION 7. 8- 1 Said chapter is further amended by striking in its entirety 8- 2 subsection (c) of Code Section 15-11-28, relating to conduct 8- 3 of hearings, and inserting in lieu thereof the following: 8- 4 "(c) The general public shall be excluded from hearings 8- 5 involving delinquency, deprivation, or unruliness acts 8- 6 which are misdemeanors if committed by an adult; status 8- 7 offenders, as defined in Code Section 15-11-2; hearings on 8- 8 an allegation of sexual abuse or sexual assault; and 8- 9 hearings at which deprivation is an issue. Only the 8-10 parties, their counsel, witnesses, persons accompanying a 8-11 party for his or her assistance, and any other persons as 8-12 the court finds have a proper interest in the proceeding 8-13 or in the work of the court may be admitted by the court 8-14 to these hearings. However, the general public shall be 8-15 admitted to a hearing involving the adjudication or 8-16 disposition of any charge brought against a child other 8-17 than those listed in the first sentence of this 8-18 subsection. The court may temporarily exclude the child 8-19 from the hearing except while allegations of his or her 8-20 delinquency or unruly conduct are being heard. Nothing in 8-21 this subsection shall be construed to prohibit a judge 8-22 from exercising discretion to close any proceeding to the 8-23 public for just cause." SECTION 8. 8-24 Said chapter is further amended by striking in its entirety 8-25 paragraph (2) of subsection (a) of Code Section 15-11-37, 8-26 relating to designated felony acts, and inserting in lieu 8-27 thereof a new paragraph to read as follows: 8-28 "(2) 'Designated felony act' means an act which: 8-29 (A) Constitutes a second or subsequent offense under 8-30 subsection (b) of Code Section 16-11-132 if committed 8-31 by a person 13 to 17 11 to 16 years of age; 8-32 (B) If done by an adult, would be one or more of the 8-33 following crimes: 8-34 (i) Kidnapping or arson in the first degree, if done 8-35 by a juvenile 13 or more 11 to 16 years of age; 8-36 (ii) Aggravated assault, arson in the second degree, 8-37 aggravated battery, robbery, or armed robbery not 8-38 involving a firearm, if done by a juvenile 13 or 8-39 more 11 to 16 years of age; -8- (Index) LC 22 1595 9- 1 (iii) Attempted murder or attempted kidnapping, if 9- 2 done by a juvenile 13 or more 11 to 16 years of age; 9- 3 (iv) The carrying or possession of a weapon in 9- 4 violation of subsection (b) of Code Section 9- 5 16-11-127.1; 9- 6 (v) Hijacking a motor vehicle, if done by a juvenile 9- 7 13 or more 11 to 16 years of age; or 9- 8 (vi) Any other act which, if done by an adult, would 9- 9 be a felony, if the juvenile committing the act has 9-10 three times previously been adjudicated delinquent 9-11 for two acts which, if done by an adult, would have 9-12 been felonies regardless of the date of disposition 9-13 of such acts; or 9-14 (C) Constitutes an offense within the exclusive 9-15 jurisdiction of the superior court pursuant to 9-16 subparagraph (b)(2)(A) of Code Section 15-11-5 which 9-17 is transferred by the superior court to the juvenile 9-18 court for adjudication pursuant to subparagraph 9-19 (b)(2)(B) of Code Section 15-11-5 or which is 9-20 transferred by the district attorney to the juvenile 9-21 court for adjudication pursuant to subparagraph 9-22 (b)(2)(C) of Code Section 15-11-5." SECTION 9. 9-23 Said chapter is further amended by striking in their 9-24 entirety subsections (a), (b), and (d) of Code Section 9-25 15-11-39, relating to transfers to other courts for 9-26 prosecution, and inserting in lieu thereof new subsections, 9-27 respectively, to read as follows: 9-28 "(a) Except as otherwise provided in subsection (b) of 9-29 this Code section, after a petition has been filed 9-30 alleging delinquency based on conduct which is designated 9-31 a crime or public offense under the laws, including local 9-32 ordinances, the court before hearing making a disposition 9-33 of the petition on its merits may transfer the offense for 9-34 prosecution to the appropriate court having jurisdiction 9-35 of the offense if: 9-36 (1) A hearing on whether the transfer should be made is 9-37 held in conformity with Code Sections 15-11-28, 9-38 15-11-30, and 15-11-31; 9-39 (2) Notice in writing of the time, place, and purpose of 9-40 the hearing is given to the child and his or her -9- (Index) LC 22 1595 10- 1 parents, guardian, or other custodian at least three 10- 2 days before the hearing; and 10- 3 (3) The court in its discretion determines there are 10- 4 reasonable grounds is probable cause to believe that: 10- 5 (A) The child committed the delinquent act alleged; 10- 6 (B) The child is not committable to an institution for 10- 7 the mentally retarded or mentally ill; and 10- 8 (C) The interests of the child and the community 10- 9 require that the child be placed under legal restraint 10-10 and the transfer be made; and . 10-11 (4) The child was at least 15 years of age at the time 10-12 of the alleged delinquent conduct or the child was 13 or 10-13 14 years of age and committed an act for which the 10-14 punishment is loss of life or confinement for life in a 10-15 penal institution. 10-16 (b) After a petition has been filed alleging delinquency 10-17 based on conduct which is designated a crime or public 10-18 offense under the laws, including local ordinances, the 10-19 court before hearing the petition on its merits shall 10-20 transfer the offense for prosecution to the appropriate 10-21 court having jurisdiction of the offense if: 10-22 (1) A hearing on whether the transfer should be made is 10-23 held in conformity with Code Sections 15-11-28, 10-24 15-11-30, and 15-11-31; 10-25 (2) Notice in writing of the time, place, and purpose of 10-26 the hearing is given to the child and his the child's 10-27 parents, guardian, or other custodian at least three 10-28 days before the hearing; and 10-29 (3) The court in its discretion determines there are 10-30 reasonable grounds is probable cause to believe that the 10-31 child while confined to a youth development center 10-32 committed the offense of murder, voluntary manslaughter, 10-33 aggravated assault, or aggravated battery as defined in 10-34 Chapter 5 of Title 16; and . 10-35 (4) The child was at least 14 years of age at the time 10-36 of the alleged conduct described in paragraph (3) of 10-37 this subsection." 10-38 "(d) No child, either before or after reaching 17 16 years 10-39 of age, shall be prosecuted for an offense previously -10- (Index) LC 22 1595 11- 1 committed unless the case has been transferred as provided 11- 2 in this Code section." SECTION 10. 11- 3 Said chapter is further amended by striking in its entirety 11- 4 subsection (a) of Code Section 15-11-39.1, relating to 11- 5 designated felonies and acts which would have constituted 11- 6 burglary if committed by an adult, and inserting in lieu 11- 7 thereof a new subsection to read as follows: 11- 8 "(a) After a petition has been filed alleging that a child 11- 9 15 years of age or older has committed a designated felony 11-10 act, the court shall follow the procedure specified in 11-11 this Code section if the designated felony act alleged to 11-12 have been committed would have constituted the crime of 11-13 burglary if done by an adult and the child has previously 11-14 been found at separate by the court appearances to have 11-15 committed acts which would have constituted the crime of 11-16 burglary if done by an adult on three or more previous 11-17 occasions." SECTION 11. 11-18 Said chapter is further amended by striking in its entirety 11-19 subsection (e) of Code Section 15-11-40, relating to 11-20 disposition of mentally ill or mentally retarded children, 11-21 and inserting in lieu thereof a new subsection to read as 11-22 follows: 11-23 "(e) Applicability of Code Section 15-11-5.1. The 11-24 provisions of Code Section 15-11-5.1 shall not apply to 11-25 any child 13 to 15 11 to 16 years of age who is found to 11-26 be suffering from mental illness or mental retardation. 11-27 Any such child shall not be committed to the Department of 11-28 Corrections but shall be committed to the Division of 11-29 Mental Health, Mental Retardation, and Substance Abuse of 11-30 the Department of Human Resources as provided in this Code 11-31 section." SECTION 12. 11-32 Said chapter is further amended by striking in its entirety 11-33 subsection (a) of Code Section 15-11-41, relating to orders 11-34 of disposition and family reunification, and inserting in 11-35 lieu thereof the following: 11-36 "(a) Except as otherwise provided by law, an order of 11-37 disposition committing a delinquent or unruly child to the 11-38 Department of Children and Youth Services continues in -11- (Index) LC 22 1595 12- 1 force for two years or until the child is sooner 12- 2 discharged by the Department of Children and Youth 12- 3 Services. The court which made the order may extend its 12- 4 duration for an additional two years subject to like 12- 5 discharge, if: 12- 6 (1) A hearing is held upon motion of the Department of 12- 7 Children and Youth Services prior to the expiration of 12- 8 the order; 12- 9 (2) Reasonable notice of the factual basis of the motion 12-10 and of the hearing and an opportunity to be heard are 12-11 given to the child and the parent, guardian, or other 12-12 custodian; and 12-13 (3) The court finds that the extension is necessary for 12-14 the treatment or rehabilitation of the child. 12-15 no more than five years. The Department of Children and 12-16 Youth Services shall release a child before the expiration 12-17 of the order of commitment only upon the concurrence of 12-18 the committing court after a hearing upon motion of the 12-19 department." SECTION 13. 12-20 Said chapter is further amended by striking in their 12-21 entirety Code Section 15-11-49, relating to juvenile traffic 12-22 offenses, and Code Section 15-11-50, relating to juvenile 12-23 court traffic judges, which read as follows: 12-24 "15-11-49. (Index) 12-25 (a) Definition. Except as provided in subsection (c) of 12-26 this Code section, a juvenile traffic offense consists of 12-27 a violation by a person under the age of 17 of: 12-28 (1) A law or local ordinance governing the operation of 12-29 a moving motor vehicle upon the streets or highways of 12-30 this state or upon the waterways within or adjoining 12-31 this state; or 12-32 (2) Any other motor vehicle traffic law or local 12-33 ordinance if the child is taken into custody and 12-34 detained for its violation or is transferred to the 12-35 juvenile court by the court hearing the charge. 12-36 (b) Jurisdiction. Notwithstanding the provisions of Title 12-37 40 which grant jurisdiction over traffic court offenses to 12-38 certain courts, the juvenile court shall have exclusive 12-39 original jurisdiction over juvenile traffic offenses. -12- (Index) LC 22 1595 13- 1 (c) Exceptions. The following offenses shall be 13- 2 delinquent offenses and shall not be handled as juvenile 13- 3 traffic offenses: homicide by vehicle, manslaughter 13- 4 resulting from the operation of a vehicle, any felony in 13- 5 the commission of which a motor vehicle is used, racing on 13- 6 highways and streets, using a motor vehicle in fleeing or 13- 7 attempting to elude an officer, fraudulent or fictitious 13- 8 use of a license, hit and run or leaving the scene of an 13- 9 accident, driving under the influence of alcohol or drugs, 13-10 possession of a controlled substance or marijuana, and any 13-11 other offense for which driving privileges may be 13-12 suspended or revoked for an adult. 13-13 (d) Nature of offense. A juvenile traffic offense is not 13-14 an act of delinquency unless the case is transferred to 13-15 the delinquency calendar as provided in subsection (i) of 13-16 this Code section. 13-17 (e) Procedure. The summons, notice to appear, or other 13-18 designation of a citation accusing a child of committing a 13-19 juvenile traffic offense constitutes the commencement of 13-20 the proceedings in the court of the county in which the 13-21 alleged violation occurred and serves in place of a 13-22 summons and petition under this article. These cases 13-23 shall be filed and heard separately from other proceedings 13-24 of the court. If the child is taken into custody on the 13-25 charge, Code Sections 15-11-18 and 15-11-21 shall apply. 13-26 If the child is, or after commencement of the proceedings 13-27 becomes, a resident of another county of this state, the 13-28 court in the county where the alleged traffic offense 13-29 occurred may retain jurisdiction over the entire case. 13-30 (f) Hearing. The court shall fix a time for a hearing and 13-31 shall give reasonable notice thereof to the child and, if 13-32 their address is known, to the parents, guardian, or 13-33 custodian. If the accusation made in the summons, notice 13-34 to appear, or other designation of a citation is denied, 13-35 an informal hearing shall be held at which the parties 13-36 shall have the right to subpoena witnesses, present 13-37 evidence, cross-examine witnesses, and appear by counsel. 13-38 The hearing shall be open to the public. 13-39 (g) Disposition. If the court finds on the admission of 13-40 the child or upon the evidence that he committed the 13-41 offense charged, it may make one or more of the following 13-42 orders: -13- (Index) LC 22 1595 14- 1 (1) Reprimand, counsel, or warn the child and his 14- 2 parents; provided, however, that this dispositional 14- 3 order is not available for any offense listed in 14- 4 subsection (c) of this Code section; 14- 5 (2) As a matter of probation or if the child is 14- 6 committed to the custody of the state, order the 14- 7 Department of Public Safety to suspend the child's 14- 8 privilege to drive under stated conditions and 14- 9 limitations for a period not to exceed 12 months; 14-10 (3) Require the child to attend a traffic school 14-11 conducted by the Department of Public Safety or a 14-12 substance abuse clinic or program approved by either the 14-13 Department of Human Resources or the Council of Juvenile 14-14 Court Judges for a reasonable period of time; 14-15 (4) Order the child to remit to the general fund of the 14-16 county a sum not exceeding the maximum applicable to an 14-17 adult for a like offense; 14-18 (5) Require the child to participate in a program of 14-19 community service as specified by the court; 14-20 (6) Impose any sanction authorized by Code Section 14-21 15-11-35 or 15-11-36; or 14-22 (7) Place the child on probation subject to the 14-23 conditions and limitations imposed by Title 40 on 14-24 probation granted to adults for like offenses, but such 14-25 probation shall be supervised by the court as provided 14-26 in Code Section 15-11-35. 14-27 (h) Fines. If a fine is assessed under paragraph (4) of 14-28 subsection (g) of this Code section, such fine shall be 14-29 subject to all additions and penalties as specified under 14-30 this title and Title 47. 14-31 (i) Transfer to delinquency calendar. In lieu of the 14-32 preceding orders, if the evidence indicates the 14-33 advisability thereof, the court may transfer the case to 14-34 the delinquency calendar of the court and direct the 14-35 filing and service of a summons and petition in accordance 14-36 with this article. The judge so ordering is disqualified, 14-37 upon objection, from acting further in the case prior to 14-38 an adjudication that the child committed a delinquent act. 14-39 (j) Reporting procedure. Upon finding that the child has 14-40 committed a juvenile traffic offense or a delinquent 14-41 offense which would be a violation of Title 40 if -14- (Index) LC 22 1595 15- 1 committed by an adult, the court shall forward, within ten 15- 2 days, a report of the final adjudication and disposition 15- 3 of the charge to the Department of Public Safety; 15- 4 provided, however, that this procedure shall not be 15- 5 applicable to those cases which have been dismissed or in 15- 6 which the child and his parents have been reprimanded, 15- 7 counseled, or warned by the court pursuant to paragraph 15- 8 (1) of subsection (g) of this Code section. The 15- 9 Department of Public Safety shall record the adjudication 15-10 and disposition of the offense on the child's permanent 15-11 record and such adjudication and disposition shall be 15-12 deemed a conviction for the purpose of suspending or 15-13 revoking the individual's driver's license. Such record 15-14 shall also be available to law enforcement agencies and 15-15 courts as are the permanent traffic records of adults. 15-16 15-11-50. (Index) 15-17 (a) The judge may appoint one or more persons to serve at 15-18 the pleasure of the judge as associate juvenile court 15-19 traffic judges on a full-time or part-time basis. An 15-20 associate juvenile court traffic judge shall be a member 15-21 of the State Bar of Georgia or shall be otherwise 15-22 qualified by experience and training. The compensation of 15-23 the associate juvenile court traffic judges shall be fixed 15-24 by the judge with the approval of the governing authority 15-25 of the county and shall be paid in equal monthly 15-26 installments from county funds, unless otherwise provided 15-27 by law. 15-28 (b) The court may direct that any case or class of cases 15-29 arising under Code Section 15-11-49 shall be heard in the 15-30 first instance by an associate juvenile court traffic 15-31 judge who shall conduct the hearing in accordance with 15-32 Code Section 15-11-49. Upon the conclusion of the 15-33 hearing, the associate juvenile court traffic judge shall 15-34 file an order of the court with a copy thereof to the 15-35 child and other parties to the proceedings.", 15-36 and inserting in their place the following: 15-37 "15-11-49. (Index) 15-38 Reserved. 15-39 15-11-50. (Index) 15-40 Reserved." -15- (Index) LC 22 1595 SECTION 14. 16- 1 Said chapter is further amended by striking Code Section 16- 2 15-11-58, relating to inspection of juvenile records, and 16- 3 inserting in lieu thereof a new Code Section 15-11-58 to 16- 4 read as follows: 16- 5 "15-11-58. (Index) 16- 6 Except in cases arising under Code Section 15-11-49, cases 16- 7 which were open to the public pursuant to subsection (c) 16- 8 of Code Section 15-11-28, and subject to the requirements 16- 9 of subsection (d) of Code Section 15-11-33 and Code 16-10 Section 15-11-61, all files and records of the court in a 16-11 proceeding under this article are open to inspection only 16-12 upon order of the court. The judge may permit authorized 16-13 representatives of recognized organizations compiling 16-14 statistics for proper purposes to inspect and make 16-15 abstracts from official records under whatever conditions 16-16 upon their use and distribution the judge may deem proper 16-17 and may punish by contempt any violation of those 16-18 conditions. The judge may permit any school principal or 16-19 any school guidance counselor, school social worker, or 16-20 school psychologist who is certified under Chapter 2 of 16-21 Title 20 and who is counseling a student as a part of such 16-22 counseling person's school employment duties, to review 16-23 official records of the court in any proceeding under this 16-24 chapter concerning that student, including but not limited 16-25 to records of that child's controlled substance or 16-26 marijuana abuse, which records are protected by Code 16-27 Section 49-5-41.1, under whatever conditions that the 16-28 judge may deem proper and may punish by contempt any 16-29 violation of those conditions. The judge shall permit 16-30 authorized representatives of the Department of Children 16-31 and Youth Services, the Department of Corrections, the 16-32 Children and Youth Coordinating Council, and the Council 16-33 of Juvenile Court Judges to inspect and extract data from 16-34 any court files and records for the purpose of obtaining 16-35 statistics on juveniles and to make copies pursuant to the 16-36 order of the court." SECTION 15. 16-37 Said chapter is further amended by striking in its entirety 16-38 Code Section 15-11-59, relating to juvenile law enforcement 16-39 records and their maintenance and inspection, which reads as 16-40 follows: -16- (Index) LC 22 1595 17- 1 "15-11-59. (Index) 17- 2 (a) Law enforcement records and files concerning a child 17- 3 shall be kept separate from the records and files of 17- 4 arrests of adults. 17- 5 (b) Unless a charge of delinquency is transferred for 17- 6 criminal prosecution under Code Section 15-11-39, or the 17- 7 interest of national security requires, or the court 17- 8 otherwise orders in the interest of the child, the records 17- 9 and files shall not be open to public inspection nor shall 17-10 their contents be disclosed to the public. 17-11 (c) With the consent of the court, inspection of the 17-12 records and files is permitted by: 17-13 (1) A juvenile court having the child before it in any 17-14 proceeding; 17-15 (2) Counsel for a party to the proceedings; 17-16 (3) The officers of public institutions or agencies to 17-17 whom the child is committed; 17-18 (4) Law enforcement officers of other jurisdictions when 17-19 necessary for the discharge of their official duties; 17-20 (5) A court in which the child is convicted of a 17-21 criminal offense, for the purpose of a presentence 17-22 report or other dispositional proceeding; 17-23 (6) Officials of penal institutions and other penal 17-24 facilities to which the child is committed; or 17-25 (7) A parole board in considering the child's parole or 17-26 discharge or in exercising supervision over the child. 17-27 (d) The court shall allow authorized representatives of 17-28 the Department of Children and Youth Services, the 17-29 Department of Corrections, and the Council of Juvenile 17-30 Court Judges to inspect and copy law enforcement records 17-31 for the purpose of obtaining statistics on juveniles.", 17-32 and inserting in its place the following: 17-33 "15-11-59. (Index) 17-34 Reserved." SECTION 16. 17-35 Said chapter is further amended by striking in its entirety 17-36 Code Section 15-11-60, relating to fingerprints and 17-37 photographs of children and to publication of the names and -17- (Index) LC 22 1595 18- 1 pictures of children, and inserting in lieu thereof a new 18- 2 Code section to read as follows: 18- 3 "15-11-60. (Index) 18- 4 (a) No child under 13 years of age shall be fingerprinted 18- 5 in the investigation of a crime except as provided in this 18- 6 Code section. Fingerprints of a child 13 or 14 years of 18- 7 age who is referred to the court may be taken and filed by 18- 8 law enforcement officers and fingerprints of a child 15 or 18- 9 more years of age who is referred to the court shall be 18-10 taken and filed by law enforcement officers in 18-11 investigating the commission of the crimes of involuntary 18-12 manslaughter, robbery, armed robbery not involving a 18-13 firearm, aggravated assault, aggravated battery, burglary, 18-14 and motor vehicle theft. Every child charged with the 18-15 commission of any delinquent act or act which would be a 18-16 felony if committed by an adult, other than status 18-17 offenses as defined in Code Section 15-11-2, shall be 18-18 fingerprinted and photographed upon being taken into 18-19 custody and those fingerprints and photographs shall be 18-20 available to bona fide law enforcement personnel, the 18-21 courts of this state, and prosecutors in the discharge of 18-22 their official duties. 18-23 (b) The fingerprints of any child 13 to 17 years of age 18-24 charged with any offense over which the superior court has 18-25 exclusive or concurrent jurisdiction shall be taken and 18-26 filed by law enforcement officers investigating the 18-27 commission of any such crime. The name or picture of any 18-28 child under the jurisdiction of the juvenile court for the 18-29 first time shall not be made public by any news media 18-30 except as authorized by an order of the court. Violation 18-31 of this subsection shall be punished as contempt of court. 18-32 (c) All juveniles sentenced to the custody of the 18-33 Department of Corrections shall be fingerprinted. The 18-34 fingerprinting of juvenile inmates will be processed in 18-35 accordance with the Department of Corrections' policies 18-36 for adult inmates. 18-37 (d) Fingerprint files of children may be inspected by law 18-38 enforcement officers when necessary for the discharge of 18-39 their official duties. Other inspections may be 18-40 authorized by the court in individual cases upon a showing 18-41 that it is necessary in the public interest. 18-42 (e) Upon application of the child, fingerprints of a child 18-43 shall be removed from the file and destroyed if a petition -18- (Index) LC 22 1595 19- 1 alleging delinquency is not filed or the proceedings are 19- 2 dismissed after either a petition is filed or the case is 19- 3 transferred to the juvenile court as provided in Code 19- 4 Section 15-11-13 or the child is adjudicated not to be a 19- 5 delinquent child. 19- 6 (f) If latent fingerprints are found during the 19- 7 investigation of an offense and a law enforcement officer 19- 8 has probable cause to believe that they are those of a 19- 9 particular child, he or she may fingerprint the child 19-10 regardless of age or offense for purposes of immediate 19-11 comparison with the latent fingerprints. If the 19-12 comparison is negative, the fingerprint card and other 19-13 copies of the fingerprints taken shall be immediately 19-14 destroyed. If the comparison is positive and the child is 19-15 referred to the court, the fingerprint card and other 19-16 copies of the fingerprints taken shall be delivered to the 19-17 court for disposition. If the child is not referred to 19-18 the court, the fingerprints shall be immediately 19-19 destroyed. 19-20 (g) Without the consent of the judge, a child shall not be 19-21 photographed after he or she is taken into custody unless 19-22 the case is transferred to another court for prosecution. 19-23 (h)(1) The name or picture of any child under the 19-24 jurisdiction of the juvenile court for the first time 19-25 shall not be made public by any news media, upon penalty 19-26 of contempt under Code Section 15-11-62, except as 19-27 authorized by an order of the court. 19-28 (2)(c) It shall be mandatory upon the judge of the 19-29 juvenile court to release the name of any child who is 19-30 under the jurisdiction of the court for a second or 19-31 subsequent time. The picture of any child who is under 19-32 the jurisdiction of the court for a second or subsequent 19-33 time may be withheld from the public at the discretion of 19-34 the court. No person, firm, or corporation shall be 19-35 guilty of any offense by making public the name or picture 19-36 of any such child." SECTION 17. 19-37 Said chapter is further amended by striking in its entirety 19-38 Code Section 15-11-61, relating to sealing of records, and 19-39 inserting in lieu thereof a new Code section to read as 19-40 follows: -19- (Index) LC 22 1595 20- 1 "15-11-61. (Index) 20- 2 (a) On application of the parent or legal guardian of a 20- 3 person who has been adjudicated delinquent or unruly or of 20- 4 such an adjudicated person who has reached 21 years of age 20- 5 on the court's own motion, and after a hearing, the court 20- 6 shall may order the sealing of the files and records in 20- 7 the proceeding, including those specified in Code Sections 20- 8 15-11-59 and 15-11-60, if the court finds that: 20- 9 (1) Two years have elapsed since the final discharge of 20-10 the person; 20-11 (2) Since the final discharge of the person he or she 20-12 has not been convicted of a felony or of a misdemeanor 20-13 involving moral turpitude or adjudicated a delinquent or 20-14 unruly child and no proceeding is pending against him or 20-15 her seeking conviction or adjudication; and 20-16 (3) He or she has been rehabilitated. 20-17 (b) Reasonable notice of the hearing shall be given to: 20-18 (1) The district attorney; 20-19 (2) The authority granting the discharge if the final 20-20 discharge was from an institution or from parole; and 20-21 (3) The law enforcement officers or department having 20-22 custody of the files and records if the files and 20-23 records specified in Code Sections 15-11-59 and 15-11-60 20-24 are included in the application or motion. 20-25 (c) Upon the entry of the order, the proceeding shall be 20-26 treated as if it had never occurred. All index references 20-27 shall be deleted and the person, the court, the law 20-28 enforcement officers, and the departments shall properly 20-29 reply that no record exists with respect to the person 20-30 upon inquiry in any matter. Copies of the order shall be 20-31 sent to each agency or official therein named. Inspection 20-32 of the sealed files and records thereafter may be 20-33 permitted by an order of the court upon petition by the 20-34 person who is the subject of the records and only by those 20-35 persons named in the order. If the person who is the 20-36 subject of sealed records is subsequently arrested, such 20-37 records may be unsealed by the court upon the motion of 20-38 the district attorney or solicitor. 20-39 (d) No order sealing files and records under this Code 20-40 section may be issued regarding any proceeding or hearing 20-41 from which the general public may not be excluded under -20- (Index) LC 22 1595 21- 1 subsection (c) of Code Section 15-11-28, unless and until 21- 2 the child reaches 21 years of age and has committed no 21- 3 delinquent acts or crimes for five years." SECTION 18. 21- 4 Said chapter is further amended by striking in its entirety 21- 5 subsection (a) of Code Section 15-11-65, relating to the 21- 6 juvenile court powers as a court of inquiry, as a court of 21- 7 record, in issuing warrants and to preservation and 21- 8 destruction of records, and inserting in lieu thereof a new 21- 9 subsection to read as follows: 21-10 "(a) Court of inquiry. The juvenile court shall have 21-11 jurisdiction to act as a court of inquiry with all the 21-12 powers and rights allowed courts of inquiry in this state 21-13 and to examine or investigate into the circumstances or 21-14 causes of any conduct or acts of any person 17 16 years of 21-15 age or over that may be in violation of the laws of this 21-16 state whenever the person is brought before the court in 21-17 the course of any proceeding instituted under this 21-18 article. The court shall cause the person to be 21-19 apprehended and brought before it upon either a writ of 21-20 summons, a warrant duly issued, or by arrest. Where, after 21-21 hearing evidence, the court has reasonably ascertained 21-22 that there is probable cause to believe that the person 21-23 has committed a misdemeanor or felony as prescribed under 21-24 the laws of this state, the court shall commit, bind over 21-25 to the court of proper jurisdiction in this state, or 21-26 discharge the person. When justice shall require, the 21-27 court shall cause the person to make the bond or bail as 21-28 the court shall deem proper under the circumstances, to 21-29 cause the person to appear before the court of proper 21-30 jurisdiction in this state to be acted upon as provided by 21-31 law." SECTION 19. 21-32 Said chapter is further amended by inserting a new Code 21-33 section to be designated Code Section 15-11-67 to read as 21-34 follows: 21-35 "15-11-67. (Index) 21-36 In any instance in which a child is placed in a youth 21-37 development center or other residential treatment program 21-38 or facility as a result of a juvenile court finding that 21-39 the child has committed a delinquent act and is in need of 21-40 treatment or rehabilitation, the juvenile court is -21- (Index) LC 22 1595 22- 1 authorized to provide in its order that the parent, 22- 2 parents, guardian, or guardians of such juvenile shall 22- 3 reimburse the state a specified amount on a weekly basis 22- 4 for costs of detention, treatment, and rehabilitation of 22- 5 the child. In determining the amount to be paid, the 22- 6 juvenile court shall consider the income or financial 22- 7 status of the parent, parents, guardian, or guardians. The 22- 8 order shall direct the payment to be made to the state 22- 9 treasury for deposit into the account of the agency 22-10 providing detention, treatment, or rehabilitation and 22-11 authorize the Attorney General to make a claim for any 22-12 unpaid amount." SECTION 20. 22-13 Chapter 4A of Title 49 of the Official Code of Georgia 22-14 Annotated, relating to the Department of Children and Youth 22-15 Services, is amended by striking in its entirety subsection 22-16 (e) of Code Section 49-4A-8, relating to the commitment of 22-17 delinquent or unruly children, and inserting in lieu thereof 22-18 a new subsection to read as follows: 22-19 "(e) When a delinquent or unruly child has been committed 22-20 to the department for detention and a diagnostic study for 22-21 the purpose of determining the most satisfactory plan for 22-22 his or her care and treatment has been completed, the 22-23 department, except as required by subsection (e.1) of this 22-24 Code section, may: 22-25 (1) Permit him the child his or her liberty under 22-26 supervision and upon such conditions as the department 22-27 may believe conducive to acceptable behavior; 22-28 (2) Order his the child's confinement under such 22-29 conditions as the department may believe best designed 22-30 to serve his the child's welfare and as may be in the 22-31 best interest of the public; 22-32 (3) Order reconfinement or renewed release as often as 22-33 conditions indicate to be desirable; 22-34 (4) Revoke or modify any order of the department 22-35 affecting the child, except an order of final discharge, 22-36 as often as conditions indicate to be desirable; or 22-37 (5) Discharge him the child from control of the 22-38 department when it is satisfied that such discharge will 22-39 best serve his the child's welfare and the protection of 22-40 the public." -22- (Index) LC 22 1595 SECTION 21. 23- 1 Said chapter is further amended by inserting in Code Section 23- 2 49-4A-8, relating to the commitment of delinquent or unruly 23- 3 children, a new subsection to be designated subsection (e.1) 23- 4 to read as follows: 23- 5 "(e.1) At least two weeks prior to the granting of 23- 6 liberty, release, renewed release, or discharge of any 23- 7 child who has been detained or confined, notice shall be 23- 8 provided to the committing court, the district attorney of 23- 9 the district into which the child is to be released, the 23-10 superintendent of the school district into which the child 23-11 is to be enrolled, and the victim or the victim's parent, 23-12 parents, guardian, guardians, or custodian of the intended 23-13 action. The court may, upon its own motion or upon the 23-14 request of any of the notified parties, conduct a hearing 23-15 and for a just cause may deny the liberty, release, 23-16 rerelease, or discharge." SECTION 22. 23-17 Said chapter is further amended by striking in their 23-18 entirety subsections (b), (c), and (e) of Code Section 23-19 49-4A-9, relating to the sentencing and supervision of 23-20 children who have been convicted of a felony in a superior 23-21 court on a second or subsequent occasion, and inserting in 23-22 lieu thereof new subsections, respectively, to read as 23-23 follows: 23-24 "(b) Any final order of judgment by the court in the case 23-25 of any such child shall be subject to such modification 23-26 from time to time as the court may consider to be for the 23-27 welfare of such child. No commitment of any child to any 23-28 institution or other custodial agency shall deprive the 23-29 court of jurisdiction to change the form of the commitment 23-30 or transfer the custody of the child to some other 23-31 institution or agency on such conditions as the court may 23-32 see fit to impose, the duty being constant upon the court 23-33 to give to all children subject to its jurisdiction such 23-34 oversight and control in the premises as will be conducive 23-35 to the welfare of the child and the best interests of the 23-36 state; provided, however, that the release or parole of 23-37 any juvenile committed to the department for detention in 23-38 any of its institutions under the terms of this chapter 23-39 during the period of one year from the date of commitment 23-40 shall be had only with the concurrence and recommendation 23-41 of the commissioner or his the commissioner's designated -23- (Index) LC 22 1595 24- 1 representative; provided, further, that the release or 24- 2 parole of any child committed to the department for 24- 3 detention under the terms of this chapter shall be subject 24- 4 to the provisions of subsection (e.1) of Code Section 24- 5 49-4A-8. 24- 6 (c) After the expiration of one year from the date of 24- 7 commitment, the committing court shall review the case and 24- 8 make such order with respect to the continued confinement 24- 9 or release of the child back to the committing court for 24-10 further disposition as the court deems proper; provided, 24-11 however, that the release or parole of any child committed 24-12 to the department for detention under the terms of this 24-13 chapter shall be subject to the provisions of subsection 24-14 (e.1) of Code Section 49-4A-8." 24-15 "(e) Any child under 17 16 years of age who is sentenced 24-16 in the superior court and committed to the department may 24-17 be eligible to participate in all youth development center 24-18 programs and services including community work programs, 24-19 sheltered workshops, special state sponsored programs for 24-20 evaluation and services under the Division of 24-21 Rehabilitation Services and the Division of Mental Health, 24-22 Mental Retardation, and Substance Abuse of the Department 24-23 of Human Resources, and under the general supervision of 24-24 youth development center staff at special planned 24-25 activities outside of the youth development center. When 24-26 such a child sentenced in the superior court is 24-27 approaching his seventeenth or her sixteenth birthday, the 24-28 department shall notify the court that a further 24-29 disposition of the child is necessary. The department 24-30 shall provide the court with information concerning the 24-31 participation and progress of the child in programs 24-32 described in this subsection. The court shall review the 24-33 case and determine if the child, upon becoming 17 16 years 24-34 of age, should be placed on probation, have his or her 24-35 sentence reduced, be transferred to the Department of 24-36 Corrections for the remainder of the original sentence, or 24-37 be subject to any other determination authorized by law." SECTION 23. 24-38 (a) Except as provided in subsection (b) of this section, 24-39 this Act shall be effective July 1, 1995. 24-40 (b) Section 19 of this Act shall become effective only if a 24-41 constitutional amendment authorizing the earmarking of the 24-42 proceeds of fees collected for the cost of detention, -24- (Index) LC 22 1595 25- 1 treatment, and rehabilitation of certain children is 25- 2 ratified by the voters as provided in the constitution. SECTION 24. 25- 3 All laws and parts of laws in conflict with this Act are 25- 4 repealed. -25- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97