07 LC 38
0227
House
Bill 52
By:
Representatives Forster of the
3rd,
Ralston of the
7th,
Oliver of the
83rd,
Manning of the
32nd,
Reese of the
98th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to arrest and detention with regard to juvenile
proceedings, so as to change provisions relating to interim control or detention
of accused children; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to arrest and detention with regard to juvenile proceedings,
is amended by revising Code Section 15-11-46.1, relating to interim control or
detention of accused children, as follows:
"15-11-46.1.
(a)
As a matter of public policy, restraints on the freedom of accused children
prior to adjudication shall be imposed only when there is probable cause to
believe that the accused child did the act of which he or she is accused and
there is clear and convincing evidence that the child´s freedom should be
restrained.
(b)
The imposition of interim control or detention on an accused child may be
considered for the purposes of:
(1)
Protecting the jurisdiction and process of the court;
(2)
Reducing the likelihood that the child may inflict serious bodily harm on others
during the interim period; or
(3)
Protecting the accused child from imminent bodily harm upon his or her
request.
(c)
Interim control or detention shall not be imposed on an accused child under the
age of 16; instead, the child shall be released immediately to the child´s
parents, guardian, or other custodian upon such person´s promise to bring
the child before the court when requested by the court.
(c)(d)
Interim control or detention shall not be imposed on an accused
child:
(1)
To punish, treat, or rehabilitate the child;
(2)
To allow parents to avoid their legal responsibilities;
(3)
To satisfy demands by a victim, the police, or the community;
(4)
To permit more convenient administrative access to the child; or
(5)
To facilitate further interrogation or investigation.
(d)(e)
Whenever an accused child cannot be unconditionally released, conditional or
supervised release that results in the least necessary interference with the
liberty of the child shall be favored over more intrusive
alternatives.
(e)(f)
Whenever the interim curtailment of an accused child´s freedom is permitted
under this Code section, the exercise of authority shall reflect the following
values:
(1)
Respect for the privacy, dignity, and individuality of the accused child and his
or her family;
(2)
Protection of the psychological and physical health of the child;
(3)
Tolerance of the diverse values and preferences among different groups and
individuals;
(4)
Assurance of equality of treatment by race, class, ethnicity, and
sex;
(5)
Avoidance of regimentation and depersonalization of the child;
(6)
Avoidance of stigmatization of the child; and
(7)
Assurance that the child has been informed of his or her right to consult with
an attorney and that if the child cannot afford an attorney, one will be
provided."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.