---
title: O.C.G.A. § 15-11-505. Use of detention assessments to determine if detention is warranted; serious delinquent acts.
collection: code
id: 15-11-505
cite_as: O.C.G.A. § 15-11-505 (2025)
canonical_url: https://georgiacommons.org/code/15-11-505
md_url: https://georgiacommons.org/code/15-11-505.md
text_url: https://georgiacommons.org/code/15-11-505/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-pdf.pdf?sfvrsn=9c57686b_0#page=212
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/15-11.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / JUVENILE CODE / DELINQUENCY / CUSTODY AND RELEASE OF CHILD
extraction_warnings:
  - dehyphenation_unverified:deliv-ered
---

# O.C.G.A. § 15-11-505. Use of detention assessments to determine if detention is warranted; serious delinquent acts.

(a) If an alleged delinquent child is brought before the court, delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, or otherwise taken into custody, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained, taking into account subsection (b) of this Code section. Such child shall be released unless it appears that his or her detention is warranted.

(b)(1) As used in this subsection, the term “serious delinquent act” means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:

(A) Aggravated assault;

(B) Aggravated battery;

(C) Aggravated child molestation;

(D) Aggravated cruelty to animals;

(E) Aggravated sexual battery;

(F) Aggravated sodomy;

(G) Armed robbery involving a firearm;

(H) Arson in the first degree;

(I) Burglary in the first degree;

(J) Child molestation;

(K) Escape;

(L) Hijacking a motor vehicle in the first degree;

(M) Home invasion in the first or second degree;

(N) Involuntary manslaughter;

(O) Murder;

(P) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4;

(Q) Rape;

(R) Robbery;

(S) Sexual exploitation of children;

(T) Smash and grab burglary;

(U) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1;

(V) Vehicular homicide;

(W) Voluntary manslaughter; or

(X) Battery if the victim is a healthcare worker or emergency health worker, as either term is defined in Code Section 16-5-19.

(2) When a child who is 13 years of age or younger is taken into custody as provided in subsection (a) of this Code section for any delinquent act other than a serious delinquent act, there shall be a presumption that such child should not be detained.

## History

Code 1981, § 15-11-505, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2016, p. 443, § 1-7/SB 367; Ga. L. 2017, p. 417, § 2-1/SB 104; Ga. L. 2024, p. 560, § 2/HB 926, effective May 2, 2024.

## Editor's Notes

Ga. L. 2024, p. 560, § 1/HB 926, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Second Chance Workforce Act.’”

## Amendments

The 2024 amendment, effective May 2, 2024, deleted “or” from the end of subparagraph (b)(1)(V); substituted “; or” for a period at the end of subparagraph (b)(1)(W); and added subparagraph (b)(1)(X).