49-4A-5. Juvenile detention facilities; transfer of employees of Division of Youth Services; personnel administration.

Active

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

(a)
The department shall carry out all functions and exercise all powers relating to the administration, supervision, and management of juvenile detention facilities, and jurisdiction over such juvenile detention facilities is vested in the department.#
(b)
Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the state system of personnel administration provided for by Chapter 20 of Title 45 will lose no rights granted under such system as a result of such transfer. Retirement rights of such transferred employees existing under the Employees’ Retirement System of Georgia or other public retirement systems on July 1, 1992, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department.#
(c)
1. (1)
  The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.#
2. (2)
  The department is authorized to employ, on a full-time or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary.#
3. (3)
  Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Board.#
4. (4)
  All personnel of the department are authorized to be members of the Employees’ Retirement System of Georgia created in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department.#

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, § 49-4A-5, enacted by Ga. L. 1992, p. 1983, § 24; Ga. L. 1997, p. 1453, § 8; Ga. L. 1998, p. 128, § 49; Ga. L. 2009, p. 453, § 2-22/HB 228; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-97/HB 642; Ga. L. 2013, p. 294, § 3-5/HB 242.

Editor's notes

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides: “Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.” This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides: “Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.” Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”

Administrative rules and regulations

Request for information, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Juvenile Justice, Rules of General Applicability, § 97-1-.06.

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 t49-t50-ch1-12-(v38)-2023-pdf.pdf, Volume V38, 2023 edition, pages 202 to 203; merge action: carried; file SHA-256 b1a50b0e3917.

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