Code Sections

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O.C.G.A. § 15-11-63
Designated felony acts; definitions; restrictive custody disposition; notice to schools

(a) As used in this Code section, the term:

   (1) "A carefully arranged and monitored home visit" means a home visit during which a child is monitored by appropriate personnel of the Department of Juvenile Justice designated pursuant to regulations of the commissioner of juvenile justice.

   (2) "Designated felony act" means an act which:

      (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 years of age;

      (B) If done by an adult, would be one or more of the following crimes:

         (i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age;

         (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 16-5-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age;

         (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age;

         (iv) Reserved;

         (v) Hijacking a motor vehicle, if done by a child 13 or more years of age;

         (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age;

         (vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies;

         (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;

         (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering;

         (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; or

         (xi) Any violation of Code Section 16-7-2;

      (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87;

      (C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs;

      (C.2) Constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or is a first violation of Code Section 16-11-127.1 involving:

         (i) Any weapon, as such term is defined in Code Section 16-11-127.1, together with an assault;

         (ii) A firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131; or

         (iii) A dangerous weapon or machine gun as defined in Code Section 16-11-121;

      (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or

      (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle.

   (3) "Intensive supervision" means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice.

(b) Where a child is found to have committed a designated felony act, the order of disposition shall be made within 20 days of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence as to whether, for the purposes of this Code section, the child does or does not require restrictive custody under this Code section, in connection with which the court shall make specific written findings of fact as to each of the elements set forth in paragraphs (1) through (5) of subsection (c) of this Code section as related to the particular child. If the court finds that restrictive custody under this Code section is not required, the order of disposition shall be as otherwise provided in this article. If the court finds that restrictive custody is required, it shall continue the proceeding and enter an order of disposition for restrictive custody. Every order under this Code section shall be a dispositional order, shall be made after a dispositional hearing, and shall state the grounds for the order.

(c) In determining whether restrictive custody is required, the court shall consider:

   (1) The needs and best interests of the child;

   (2) The record and background of the child;

   (3) The nature and circumstances of the offense, including whether any injury involved was inflicted by the child or another participant;

   (4) The need for protection of the community; and

   (5) The age and physical condition of the victim.

(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the child is found to have committed a designated felony act in which the child inflicted serious physical injury upon another person who is 62 years of age or more.

(e) When the order is for restrictive custody in the case of a child found to have committed a designated felony act:

   (1) The order shall provide that:

      (A) The child shall be placed in the custody of the Department of Juvenile Justice for an initial period of five years;

      (B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention prior to placement in a youth development center shall be counted toward the period set by the order; and provided, further, that where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;

      (C) After the period set under subparagraph (B) of this paragraph, the child shall be placed under intensive supervision for a period of 12 months; and

      (D) The child may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the child be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a child is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;

   (2) During the placement or any extension thereof:

      (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy;

      (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Department of Behavioral Health and Developmental Disabilities;

      (C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and

      (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and

   (3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the Department of Juvenile Justice, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the individual's twenty-first birthday.

(f) When the order is for restrictive custody in the case of a child found to have committed any designated felony act and such child has been found by a court to have committed a designated felony act on a prior occasion, regardless of the age of the child at the time of commission of such prior act, the order of the court shall be made pursuant to subparagraph (e)(1)(B) of this Code section.

(g) The Department of Juvenile Justice shall retain the power to continue the confinement of the child in a youth development center or other program beyond the periods specified by the court within the term of the order.

(h) Any court making a finding or adjudication that a child has committed a designated felony act shall identify the school last attended by such child and the school which such child intends to attend and shall transmit a copy of such adjudication or finding to the principals of the school which the child last attended and the school which the child intends to attend within 15 days of the adjudication or finding. Such information shall be subject to notification, distribution, and requirements as provided in Code Section 20-2-671.

HISTORY: Code 1933, §§ 24A-2301A, 24A-2302A, enacted by Ga. L. 1980, p. 1013, § 1; Code 1981, § 15-11-37; Ga. L. 1982, p. 1871, §§ 1, 2, 4, 5; Ga. L. 1984, p. 22, § 15; Ga. L. 1986, p. 192, § 1; Ga. L. 1986, p. 277, § 1; Ga. L. 1986, p. 1017, § 1; Ga. L. 1987, p. 3, § 15; Ga. L. 1987, p. 1012, § 1; Ga. L. 1989, p. 46, § 1; Ga. L. 1992, p. 1983, §§ 9-11; Ga. L. 1994, p. 1012, §§ 21, 22; Ga. L. 1994, p. 1625, § 2; Ga. L. 1996, p. 416, § 1; Ga. L. 1997, p. 1061, § 2; Ga. L. 1997, p. 1064, § 4; Ga. L. 1997, p. 1453, §§ 1, 2; Ga. L. 1998, p. 270, § 2; Ga. L. 1999, p. 81, § 15; Code 1981, § 15-11-63, as redesignated by Ga. L. 2000, p. 20, § 1; Ga. L. 2000, p. 1137, § 2; Ga. L. 2002, p. 1324, § 1-1; Ga. L. 2009, p. 453, § 2-7/HB 228; Ga. L. 2010, p. 463, § 1/SB 299; Ga. L. 2010, p. 1147, §§ 3, 4/HB 1104.