06 AM 29
0557
ADOPTED
SENATE
Senator
Hamrick of the 30th offered the following amendment:
Amend
the Senate Judiciary Committee substitute to HB 1145 by striking line 2 of page
1 and inserting in lieu thereof the
following:
juvenile proceedings, so as to change provisions relating to disposition of certain cases in juvenile court; to change provisions relating to mental health proceedings; to
juvenile proceedings, so as to change provisions relating to disposition of certain cases in juvenile court; to change provisions relating to mental health proceedings; to
By
inserting after
"competent;"
on line 7 of page 1 the following:
to provide for a short title; to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judgés authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment;
to provide for a short title; to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judgés authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment;
By
designating Section 1 as Part I.
By
redesignating Section 2 as Section 5.
By
inserting between lines 11 and 12 of page 11 the following:
PART
II
SECTION 2.
SECTION 2.
This
part shall be known and may be cited as the
"Amýs
Law."
SECTION
3.
Said
chapter is further amended by striking Code Section 15-11-70, relating to
duration and termination of orders of disposition for delinquent or unruly
children and extensions of such orders, and inserting in lieu thereof the
following:
"15-11-70.
(a)
Except as
otherwise
provided by
law
in subsection
(b) of this Code section, an order of
disposition committing a delinquent or unruly child to the Department of
Juvenile Justice continues in force for two years or until the child is sooner
discharged by the Department of Juvenile Justice. The court which made the order
may extend its duration for an additional two years subject to like discharge,
if:
(1)
A hearing is held upon motion of the Department of Juvenile Justice prior to the
expiration of the order;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and an
opportunity to be heard are given to the child and the parent, guardian, or
other custodian; and
(3)
The court finds that the extension is necessary for the treatment or
rehabilitation of the child.
(b)
If the court commits a delinquent child to the Department of Juvenile Justice
for a delinquent act which if done by an adult would be the crime of murder,
then the court’s commitment may continue until the child’s
twenty-first birthday. The court shall determine whether any or all of the
child́s
commitment should include an order for restrictive custody by making specific
written findings of fact using the elements set forth in paragraphs (1) through
(5) of subsection (c) of Code Section 15-11-63. Any child committed to the
Department of Juvenile Justice under the provisions of this subsection shall not
be released from confinement or discharged from the custody of the Department of
Juvenile Justice unless a motion for early release is granted by the court. The
court which made the order of commitment may shorten the duration of its order
if:
(1)
A hearing is held prior to the expiration of the order upon motion of a party or
on the
court́s
own motion;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and an
opportunity to be heard are given to the parties affected; and
(3)
The court finds that the discharge is necessary to accomplish the purposes of
the original order and for the treatment or rehabilitation of the
child.
(b)(c)
Except as
otherwise
provided by
law,
in subsection
(b) of this Code section, any other order
of disposition in a proceeding involving delinquency or unruliness, except an
order involving the appointment of a guardian of the person or property of a
child, continues in force for not more than two years. The court may sooner
terminate its order or extend its duration for further periods. An order of
extension may be made if:
(1)
A hearing is held prior to the expiration of the order upon motion of a party or
on the
court́s
own motion;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and
opportunity to be heard are given to the parties affected;
(3)
The court finds that the extension is necessary to accomplish the purposes of
the order extended; and
(4)
The extension does not exceed two years from the expiration of the prior
order.
(c)(d)
The court may terminate an order of disposition of a child adjudicated as
delinquent or unruly or an extension of such a disposition order prior to its
expiration, on or without an application of a party, if it appears to the court
that the purposes of the order have been accomplished.
(d)(e)
Unless otherwise provided by law, when a child who has been adjudicated as
delinquent or unruly reaches 21 years of age all orders affecting him or her
then in force terminate and he or she is discharged from further obligation or
control."
SECTION
4.
Chapter
4A of Title 49 of the Official Code of Georgia Annotated, relating to the
Department of Juvenile Justice, is amended by striking subsection (e) of Code
Section 49-4A-8, relating to commitment of delinquent or unruly children and
their discharge from commitment, and inserting in lieu thereof the
following:
"(e)
Except as provided by subsection (e.1) of this Code section
and subsection
(b) of Code Section 15-11-70, when a
delinquent or unruly child has been committed to the department for detention
and a diagnostic study for the purpose of determining the most satisfactory plan
for the
child́s
care and treatment has been completed, the department may:
(1)
Permit the child liberty under supervision and upon such conditions as the
department may believe conducive to acceptable behavior;
(2)
Order the
child́s
confinement under such conditions as the department may believe best designed to
serve the
child́s
welfare and as may be in the best interest of the public;
(3)
Order reconfinement or renewed release as often as conditions indicate to be
desirable;
(4)
Revoke or modify any order of the department affecting the child, except an
order of final discharge, as often as conditions indicate to be desirable;
or
(5)
Discharge the child from control of the department
pursuant to
subsection (a) of Code Section 15-11-70
when it is satisfied that such discharge will best serve the
child́s
welfare and the protection of the
public."