15-11-505. Use of detention assessments to determine if detention is warranted; serious delinquent acts.

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.#

1. (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:#

   1. (A)

      Aggravated assault;#

   2. (B)

      Aggravated battery;#

   3. (C)

      Aggravated child molestation;#

   4. (D)

      Aggravated cruelty to animals;#

   5. (E)

      Aggravated sexual battery;#

   6. (F)

      Aggravated sodomy;#

   7. (G)

      Armed robbery involving a firearm;#

   8. (H)

      Arson in the first degree;#

   9. (I)

      Burglary in the first degree;#

   10. (J)

       Child molestation;#

   11. (K)

       Escape;#

   12. (L)

       Hijacking a motor vehicle in the first degree;#

   13. (M)

       Home invasion in the first or second degree;#

   14. (N)

       Involuntary manslaughter;#

   15. (O)

       Murder;#

   16. (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;#

   17. (Q)

       Rape;#

   18. (R)

       Robbery;#

   19. (S)

       Sexual exploitation of children;#

   20. (T)

       Smash and grab burglary;#

   21. (U)

       Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1;#

   22. (V)

       Vehicular homicide;#

   23. (W)

       Voluntary manslaughter; or#

   24. (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. (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.#