05 LC 29
1654
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
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, so as to provide that the Department of Juvenile
Justice operate certain programs for persons who violate the terms and
conditions of probation; to provide that the Department of Juvenile Justice
operate certain community based alternative programs under certain
circumstances; to change provisions relating to disposition of a delinquent
child; 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 inserting a new Code section to follow Code Section
15-11-40, relating to modification or vacation of orders and revocation of
probation, to read as follows:
"15-11-40.1.
(a)
The Department of Juvenile Justice shall operate a probation sanctions program
for children whose probation is revoked for violating conditions of probation.
The sanctions program criteria shall be established by the Department of
Juvenile Justice and shall be available to juvenile courts provided that
adequate resources are dedicated to the Department of Juvenile Justice for such
programs. The sanctions program shall focus on restoring victims, holding
violators accountable for their actions, increasing community involvement, and
increasing children´s competencies. The criteria shall include graduated
sanctions of seven, 14, and 45 days in secure confinement. For a child who is on
probation, is not otherwise subject to the designated felony act, and is
adjudicated for a new offense that if committed by an adult would receive a
minimum ten-year sentence, such child may receive up to six months in a youth
detention center. The sanctions program shall offer intensive community
supervision, access to treatment services, and aftercare planning. Probation
officers supervising a child on probation shall file a petition for revocation
with the juvenile court when a child meets the criteria established by the
Department of Juvenile Justice or may present a signed waiver by the child and
his or her guardian or the child and his or her attorney admitting to the
violations and agreeing to submit to the sanctions program.
(b)
If a child is sentenced to a sanctions program and completes all program
components, the child shall not be eligible to attend a sanctions program for a
future violation of a condition of any probated sentence.
(c)
The Department of Juvenile Justice shall establish community based alternative
programs and prevention programs to serve truants, runaways, unruly children,
and other nonviolent delinquent acts otherwise served by the Department of
Juvenile Justice. The community based alternative programs shall be offered in
individual judicial circuits or statewide provided that adequate funds are
dedicated for this purpose within the Department of Juvenile
Justice."
SECTION
2.
Said
chapter is further 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)
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
driver´s 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 driver´s license, prohibit the issuance of a driver´s 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 driver´s 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 addition to any other treatment or rehabilitation, order the
child to serve up to a maximum of 90 days in a youth development center, or
after assessment and with the court´s approval, in a treatment program
provided by the Department of Juvenile Justice or the juvenile
court."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.