08 LC 29
3184ER
House
Bill 1225
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 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to arrest and detention in juvenile proceedings, so
as to change provisions relating to when interim control or detention of accused
children is permitted; to provide for legislative findings; to provide for use
of a risk assessment instrument for purposes of determining secure detention; 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 in juvenile proceedings, is amended
by revising Code Section 15-11-46.1, relating to when interim control or
detention of accused children is permitted, 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.
Secure
detention shall only be used when less restrictive interim placement
alternatives prior to adjudication and disposition are not appropriate. It is
the intent of the General Assembly that the decision to detain a child shall be
based upon a prudent assessment of risk and secure detention should be limited
to situations where there is clear and convincing evidence that prior to
adjudication or disposition a child presents:
(1)
A risk of failing to appear;
(2)
A danger to himself or herself; or
(3)
A substantial risk of inflicting serious bodily harm on others as evidenced by
recent behavior during the interim period.
(b)
The imposition of interim control or detention on
an
accused
a
child may be considered for the purposes of:
(1)
Protecting
the jurisdiction and process of the court;
Ensuring the
child appears at subsequent court hearings; or
(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)
A validated, objective, written risk assessment instrument selected by the
Children and Youth Coordinating Council shall be used to determine when to
impose interim control or detention and shall be used by the court to meet the
purposes provided for in this Code section. The written risk assessment
instrument shall be required during the intake process for children being
considered for detention at a regional youth detention center or alternative to
detention provided by the department. The court may consider any aggravating or
mitigating circumstances that warrant rejecting the intake officer´s
assessment; provided, however, that if the court rejects such assessment, the
court shall comply with the goals, considerations, and requirements outlined in
this Code section.
(d)
The written risk assessment instrument shall be used by the court to determine
whether secure detention is necessary. The factors the court may consider
include, but shall not be limited to, the following:
(1)
The nature and seriousness of the allegations against the child;
(2)
The child´s present situation;
(3)
The age of the child;
(4)
The child´s prior juvenile court history, including the child´s
history of appearing for scheduled court hearings;
(5)
Any offenses committed by the child pending adjudication; and
(6)
The child´s prior probationary history and current status.
(c)(e)
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;
or
(6)
Because an appropriate nonsecure placement for the child does not
exist.
(d)
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.