07 LC 29
2784ER
House
Bill 662
By:
Representatives Oliver of the
83rd,
Forster of the
3rd,
Abrams of the
84th,
and Benfield of the
85th
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 certain provisions relating to
detention of unruly children and status offenders; to change the definition of
unruly; to change provisions relating to when detention of a child is permitted;
to change provisions relating to place of detention; to change provisions
relating to dispositional hearings for delinquent or unruly children; to change
provisions relating to disposition of unruly 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.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by revising Code Section15-11-2, relating to
definitions, as follows:
"(12)
'Unruly child' means a child who:
(A)
While subject to compulsory school attendance is habitually and without
justification truant from school;
(B)
Is habitually disobedient of the reasonable and lawful commands of his or her
parent, guardian, or other custodian and is ungovernable;
(C)
Has committed an offense applicable only to a child;
(D)
Without just cause and without the consent of his or her parent or legal
custodian deserts his or her home or place of abode;
(E)
Wanders or loiters about the streets of any city, or in or about any highway or
any public place, between the hours of 12:00 Midnight and 5:00
A.M.;
(F)
Disobeys the terms of supervision contained in a court order which has been
directed to such child, who has been adjudicated unruly; or
(G)
Patronizes any bar where alcoholic beverages are being sold, unaccompanied by
such child´s parents, guardian, or custodian, or possesses alcoholic
beverages; and
(H)
In any of the foregoing, is in need of supervision, treatment, or
rehabilitation;
or
(I)
Has committed a delinquent act and is in need of supervision, but not of
treatment or
rehabilitation."
SECTION
2.
Said
chapter is further amended by revising subsection (e) of Code Section 15-11-48,
relating to place of detention, as follows:
"(e)
Allegation of
unruliness.
A child
unruly or alleged to be unruly who has not been released from custody as
provided in subsection (e) of Code Section 15-11-47 may be detained or placed in
shelter care only in the facilities stated in paragraphs (1) and (2) of
subsection (a) of this Code section or in a secure juvenile detention facility
for a period not to exceed 72 hours; provided, however, upon written order of
the judge having jurisdiction of the case and upon good cause shown, a child
alleged to be unruly may be detained for one additional period not to exceed 48
hours; provided, further, that no child alleged to be or found to be unruly who
has not previously been adjudicated unruly may be detained in a secure juvenile
detention facility unless such child is alleged to be under the court´s
jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section
15-11-2 and then shall be detained in that facility only so long as is required
to effect the child´s return home or to ensure the child´s presence at
a scheduled court appearance when the child has previously failed to appear for
a scheduled court appearance. In the event a child alleged to be unruly comes
within the purview of the Interstate Compact on Juveniles and the proper
authorities of a demanding state have made an official return request to the
proper authorities of this state, the Interstate Compact on Juveniles shall
apply to the child.
(1)
A child with no prior adjudications of unruliness or delinquency shall not be
held in a secure juvenile detention facility for any period of
time.
(2)
A child who is alleged to be unruly, but who has no prior adjudications of
unruliness or delinquency, may be held in a secure juvenile detention facility
for up to 24 hours, excluding weekends and legal holidays; provided, however,
that if the court finds at a probable cause hearing held within such 24 hour
period that the child has violated the conditions of an existing court order and
that:
(A) The
child has a record of willful failure to appear at juvenile court proceedings;
(B)
The child has a record of violent conduct resulting in physical injury to self
or others; or
(C)
The child has a record of leaving a court ordered placement, other than secure
detention, without permission,
the
court may detain the child pending a hearing to determine if such child has
violated an existing court order, but in no event shall a child´s total
detention prior to the hearing exceed 72 hours, excluding weekends and legal
holidays.
(3)
Before detaining an unruly child, the judge presiding over a probable cause
hearing shall determine if the child has violated an existing court
order.
(4)
At the hearing, the judge shall also obtain and review a written report prepared
by an independent public agency that reviews the alleged unruly child´s
behavior and the circumstances under which such child was brought before the
court and made subject to a court order, that addresses the reasons for the
child´s behavior, and that determines whether all nonsecure disposition
options have been exhausted or are clearly
inappropriate."
SECTION
3.
Said
chapter is further amended by revising paragraph (2) of subsection (c) of Code
Section 15-11-49, relating to release of child where detention not warranted, as
follows:
"(2)
If a child
alleged to be unruly is not so released, the informal detention hearing shall be
held promptly and not later than 72 hours after the child is placed in detention
or shelter care as provided in subsection (e) of Code Section
15-11-48
Reserved."
SECTION
4.
Said
chapter is further amended by revising subsection (a) of Code Section 15-11-65,
relating to dispositional hearing for delinquent or unruly child, as
follows:
"(a)
Dispositional hearing
for delinquent
or
unruly
child. If the court finds on proof beyond
a reasonable doubt that the child committed the acts by reason of which he or
she is alleged to be delinquent
or
unruly, it shall proceed immediately or at
a later time to conduct a dispositional hearing for the purpose of hearing
evidence as to whether the child is in need of treatment, rehabilitation, or
supervision and shall make and file its findings thereon. If the court finds
that the allegations of
delinquency
or unruly
delinquent
conduct have not been established, it shall dismiss the petition and order the
child discharged from any detention or other restriction theretofore ordered in
relation to the allegations. If the child is to be held in custody at a
detention facility between the adjudicatory hearing and the dispositional
hearing, the court shall conduct the dispositional hearing within 30 days of the
adjudicatory hearing unless the court makes and files written findings of fact
explaining the need for the delay. In the absence of evidence to the contrary,
evidence sufficient to warrant a finding that acts have been committed which
constitute a felony is also sufficient to sustain a finding that the child is in
need of treatment or rehabilitation. If the court finds that the child is not in
need of treatment, rehabilitation, or supervision, it shall dismiss the
proceeding and discharge the child from any detention or other restriction
theretofore ordered."
SECTION
5.
Said
chapter is further amended by revising Code Section 15-11-67, relating to
disposition of unruly child, as follows:
"15-11-67.
If
the child is found to be unruly, the court may make any disposition authorized
for a delinquent child except that, if
commitment
to the Department of Juvenile Justice is
ordered,
the court
orders the child placed in any secure detention or correction
facility, the court shall
first:
(1)
Find
find
that the child is not amenable to treatment or rehabilitation pursuant to
paragraph (1), (2), or (3) of subsection (a) of Code Section
15-11-66;
(2)
Find that such child violated an existing court order; and
(3)
Obtain and review an independent public agency report in accordance with
paragraph (4) of subsection (e) of Code Section 15-11-48 which concludes
that nonsecure placement options have been exhausted or are clearly
inappropriate."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.