2010 Georgia Code
TITLE 15 - COURTS
CHAPTER 11 - JUVENILE PROCEEDINGS
ARTICLE 1 - JUVENILE PROCEEDINGS
PART 7 - DELINQUENT AND UNRULY CHILDREN
§ 15-11-66 - Disposition of delinquent child
. Disposition of delinquent child
(a) 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 and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation, and welfare:
(1) Any order authorized by Code Section 15-11-55
for the disposition of a deprived child;
(2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of:
(A) The probation officer of the court or the court of another state as provided in Code Section 15-11-89
(B) Any public agency authorized by law to receive and provide care for the child; or
(C) The chief executive officer of any community rehabilitation center acknowledging in writing such officer's willingness to accept the responsibility for the supervision of the child;
(3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority;
(4) An order committing the child to the Department of Juvenile Justice;
(5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2
. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Department of Juvenile Justice. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Department of Juvenile Justice. In the event that the child changes his or her place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or the child's family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order;
(6) An order requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; or
(7) An order requiring the child to remit to the general fund of the county a sum not to exceed the maximum applicable to an adult for commission of any of the following offenses: homicide by vehicle, manslaughter resulting from the operation of a motor vehicle, any felony in the commission of which a motor vehicle is used, hit and run or leaving the scene of an accident, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, driving under the influence of alcohol or drugs, possession of controlled substances or marijuana, driving without proof of minimum required motor vehicle insurance, or any violation of the Code sections contained in Title 40 which is properly adjudicated as a delinquent act.
(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.
(2) (A) If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving:
(i) An offense that would be a felony if committed by an adult; or
(ii) 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 30 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.
(B) 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. On and after July 1, 2013, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days.
(b.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, 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 offense which would be a violation of subsection (k) of Code Section 40-6-391
if committed by an adult, the court shall make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391
which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391
, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391
. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1
(c) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court may require as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed.
Graham Syfert - Jacksonville Lawyer