05 SB134/CSFA/2
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
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 SENATE
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 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
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 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
90
60
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.
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.