Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 6. DELINQUENCY · Part 1. GENERAL PROVISIONS

15-11-471. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this article, the term:

  2. (1)

    “AIDS transmitting crime” shall have the same meaning as set forth in Code Section 31-22-9.1.#

  3. (2)

    “Behavioral health evaluation” means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to have committed or adjudicated of a delinquent act so as to provide the juvenile court with information and recommendations relevant to the behavioral health status and mental health treatment needs of such child.#

  4. (3)

    “Community rehabilitation center” means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent children and children in need of services in a neighborhood and family environment in cooperation with community educational, medical, and social agencies. Such center shall:#

    1. (A)

      Be located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and#

    2. (B)

      Be operated by a nonprofit corporation organized under Chapter 3 of Title 14, the “Georgia Nonprofit Corporation Code,” and have a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of juvenile justice; such approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws.#

  5. (4)

    “Determined to be infected with HIV” means having a confirmed positive human immunodeficiency virus (HIV) test or having been clinically diagnosed as having AIDS.#

  6. (5)

    “Graduated sanctions” means:#

    1. (A)

      Verbal and written warnings;#

    2. (B)

      Increased restrictions and reporting requirements;#

    3. (C)

      Community service;#

    4. (D)

      Referral to treatment and counseling programs in the community;#

    5. (E)

      Weekend programming;#

    6. (F)

      Electronic monitoring, as such term is defined in Code Section 42-3-111;#

    7. (G)

      Curfew;#

    8. (H)

      An intensive supervision program; or#

    9. (I)

      A home confinement program.#

  7. (6)

    “Hearing officer” means a DJJ employee or county juvenile probation office employee, as applicable, who has been selected and appointed by DJJ or the county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing.#

  8. (7)

    “HIV test” means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body.#

  9. (8)

    “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.#

  10. (9)

    “Low risk” means the lowest risk to recidivate as calculated by a risk assessment.#

  11. (10)

    “Moderate risk or high risk” means a calculation by a risk assessment that is not low risk.#

  12. (11)

    “Probation management program” means a special condition of probation that includes graduated sanctions.#

  13. (12)

    “Secure probation sanctions program” means confinement in a secure residential facility or nonsecure residential facility for seven, 14, or 30 days.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-471, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 422, § 5-11/HB 310; Ga. L. 2022, p. 663, § 1/SB 164.

Amendments

The 2022 amendment, effective July1, 2022, deleted “, and such test has been approved for such purposes by the regulations of the Department of Community Health” from the end of paragraph (7).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-pdf.pdf, Volume V13, 2020 edition, 2025 supplement, pages 208 to 210; merge action: replaced; file SHA-256 d86fd6e4449f.