15-11-471. Definitions.

As used in this article, the term:

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

“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.#

“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.#

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

“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.#

“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.#

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

“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.#

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

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

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

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