08 LC 29
3179ER
House
Bill 1224
By:
Representatives Willard of the
49th,
Cole of the
125th,
Oliver of the
83rd,
and Lindsey of the
54th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to delinquent and unruly children, so as to change
provisions relating to disposition of delinquent children; to provide for the
Department of Juvenile Justice to establish and operate a probation sanctions
program for children charged with violations of probation; 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
7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to delinquent and unruly children, is amended by revising
subsection (b) of Code Section 15-11-66, relating to disposition of a delinquent
child, as follows:
"(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 Driver Services 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
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 paragraph 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)
Upon the adjudication of a charge of violation of probation for a child
originally placed on probation for a delinquent act, as defined in subparagraph
(A) of paragraph (6) of Code Section 15-11-2, and a finding that such child has
failed to respond to graduated sanctions, in addition to any other disposition
authorized by this part the court may order a child to a probation sanctions
program administered by the Department of Juvenile Justice pursuant to Chapter
4A of Title 49.
(3)
Upon a child completing a seven day probation sanctions program, returning to
the community, and subsequently violating probation, the child may be required
to complete a 14 day or 30 day probation sanctions program; provided, however,
that a child shall complete a 14 day program before being ordered to attend a 30
day program and shall not be allowed to repeat any probation sanction program
previously completed.
(4)
A child ordered into the probation sanctions program pursuant to this subsection
shall receive credit for time served in a secure facility prior to
disposition.
(5)
Upon the issuance of a court order for the probation sanctions program, a child
shall be admitted into the probation sanctions program if the Department of
Juvenile Justice determines that there is availability within the secure
facility capacity dedicated to that juvenile court.
(6)
If a child is ordered into the probation sanctions program and completes all
program levels, such child shall not be eligible to attend a probation sanctions
program for a future violation of a condition of any probated sentence but shall
be subject to other remedies provided by this article.
(2)(7)
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.