05 SB134/AP
Senate
Bill 134
By:
Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of
the 36th and Stephens of the
27th
AS PASSED
AS PASSED
AN
ACT
To
amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, so as to change provisions relating to disposition of a
delinquent child; to provide for certain circumstances under which a child may
be ordered to serve time in a youth development center; to change the length of
commitment to a youth development center; to provide that the Department of
Juvenile Justice or juvenile courts establish certain community based
alternative programs; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by striking subsection (b) of Code Section 15-11-66,
relating to disposition of a delinquent child, and inserting in lieu thereof the
following:
"(b)(1)
At the conclusion of the dispositional hearing provided in subsection (a) of
Code Section 15-11-65, if the child is found to have committed a delinquent act,
the court may, in addition to any other treatment or rehabilitation, suspend the
driveŕs
license of such child for any period not to exceed the date on which the child
becomes 18 years of age or, in the case of a child who does not have a
driveŕs
license, prohibit the issuance of a
driveŕs
license to such child for any period not to exceed the date on which the child
becomes 18 years of age. The court shall retain the
driveŕs
license for a period of suspension and return it to the offender at the end of
such period. The court shall notify the Department of Motor Vehicle Safety of
any such actions taken pursuant to this subsection. If the child is adjudicated
for the commission of a delinquent act, the court may in its discretion in those
cases involving: (A) a violation of probation involving another adjudicated
delinquent act and upon the court making a finding of fact that the child has
failed to respond to the graduated alternative sanctions set forth in paragraph
(2) of this subsection; (B) an offense that would be a felony if committed by an
adult; or (C) an offense that would be a misdemeanor of a high and aggravated
nature if committed by an adult and involving bodily injury or harm or
substantial likelihood of bodily injury or harm, in addition to any other
treatment or rehabilitation, order the child to serve up to a maximum of 60 days
in a youth development center, or after assessment and with the
court́s
approval, in a treatment program provided by the Department of Juvenile Justice
or the juvenile court. A child ordered to a youth development center under this
subsection and detained in a secured facility pending placement in the youth
development center shall be given credit for time served in the secured facility
awaiting placement.
(2)
The Department of Juvenile Justice, in conjunction with the Council of Juvenile
Court Judges of Georgia, shall establish and monitor a graduated alternative
sanctions program for children on probation. The graduated alternative
sanctions program shall be implemented in each judicial circuit in consultation
with the judge of the juvenile court. The graduated alternative sanctions
program may include, but shall not be limited to, community service, electronic
monitoring, increased reporting or intensive supervision, home confinement, day
or evening reporting centers, or treatment
intervention."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.