Randee J. Waldman presents the revisions to Article 6 and 7 of the revised Juvenile Code of Georgia. These revisions address youth intake, detention, adjudication, and disposition. It also addresses determining competency of youth to be adjudicated.

1. REVITALIZING THE CODE:
Delinquency and Competency
Randee J. Waldman | Barton Child Law & Policy Center
GCWLA – August 6, 2013

2. ARTICLE 6:
DELINQUENCY

3. Article 6 – Purpose
The purpose of this article is:

15-11-470
Consistent with the protection of the public interest, to hold a child committing
delinquent acts accountable for his or her actions, taking into account such child’s age,
education, mental and physical condition, background, and all other relevant factors,
but to mitigate the adult consequences of criminal behavior;

To accord due process of law to each child who is accused of having committed a
delinquent act;

To provide for a child committing delinquent acts with supervision, care, and
rehabilitation which ensure balanced attention to the protection of the community, the
imposition of accountability, and the development of competencies to enable such child
to become a reasonable and productive member of the community;

To promote a continuum of services for a child and his or her family from prevention of
delinquent acts aftercare, considering, whenever possible, prevention, diversion, and
early intervention, including an emphasis on community based alternatives;

To provide effective sanctions to acts of juvenile delinquency; and

To strengthen families and to successfully reintegrate delinquent children into homes
and communities.

4. Article 6 – The Parties
Parties are:
 Alleged delinquent child
 The State
Parent, guardian, or legal custodian:
Right to notice
Right to be present in the courtroom
Opportunity to be heard at all stages
DJJ:
Notice of the disposition hearing
15-11-474

5. Article 6 – Role of Prosecutor
 Prosecuting attorney shall conduct
delinquency proceedings on behalf of the
State.
Entitled to complete access to all court files,
probation files, hearing transcripts, delinquency
reports, and any other juvenile court records.
 Filing of petition (“attorney”)
15-11-473

6. Article 6 – Defense Attorney
Right to counsel
 Right to represented by an attorney at all
proceedings
 Parent may not waive right to be represented
 Child may not waive if liberty is in jeopardy
Access to records
 Judge shall issue an order for dependency, school
and health or mental healthcare records
Upon motion
Written consent of child
15-11-475

7. Chapter 6 – Delinquency Case Timelines
15-11-472
Complaint/Intake
If Child Is Not In Custody: If Child Is In Custody:
Petition Alleging Delinquency
Within 30 days of complaint or 30 days after release
Arraignment Hearing
Within 30 days of filing the petition
Adjudication Hearing
Within 60 days of filing the petition
Disposition Hearing
Within 30 days of adjudication hearing
Detention Hearing
(arrest warrant = 5 business days)
(no arrest warrant = 2 business days)
Petition Alleging Delinquency
Within 72 hours of detention hearing
Adjudication Hearing
Within 10 days of filing the petition
Disposition Hearing
Within 30 days of adjudication hearing

8. Article 6 - Intake
15-11-510
At intake, child shall be informed of:
 Contents of complaint
 Nature of the proceedings
 Possible consequences or dispositions
 Due process rights
Right to an attorney
Privilege against self-incrimination
Right to remain silent
Right to confront and cross-examine witnesses
Right to testify
Right to compel other witnesses to attend and testify
Right to speedy adjudication hearing
Right to appeal and be provided with transcripts

9. Article 6 – Detention Assessment
15-11-505
 Detention assessment must be administered
by intake officer
'Detention assessment' means an actuarial tool,
approved by the board and validated on a
targeted population, used to make detention
decisions and that identifies and calculates
specific factors that are likely to indicate a child's
risk to public safety pending adjudication and the
likelihood that such child will appear for juvenile
proceedings for the act causing the detention
decision to be made. (49-4A-1)

10. Article 6 – Place of Detention
15-11-504
 May be detained in:
Licensed foster home
Home approved by the court
Home of non-custodial parent or relative
Facility operated by licensed child welfare agency
Secure or non-secure residential facility
If 15 or older, may be held in jail for up to 24
hours if certain conditions are met
 Placement shall be in the least restrictive
facility

11. Article 6 – Detention Hearing
15-11-506
 Shall be held no later than:
2 business days if custody without arrest warrant
5 business days if custody with arrest warrant
Probable cause “review” within 48 hours
 At detention hearing, court shall inform child of:
Contents of complaint or petition
Nature of the proceedings
Right to make an application for bail
Possible consequences or dispositions
Due process rights

12. Article 6 – Detention Decision
15-11-503
 Probable cause
 Clear and convincing evidence that freedom
should be restrained, that no less restrictive
alternatives will suffice, and that:
May inflict serious bodily harm
Demonstrated pattern of theft or destruction of
property such that detention is required to protect
the property of others
Secure his or her presence in court

13. Article 6 - Bail
15-11-507
 Same right to bail as adults
Only at intake or detention hearing
 May release on bail if the court finds:
Poses no significant risk of fleeing jurisdiction or
failing to appear in court
Poses no significant threat or danger to any person, to
the community or to any property in the community.
Poses no significant risk of committing any felony
pending trial
Poses no significant risk of intimidating witnesses or
otherwise obstructing administration of justice

14. Article 6 - Petition
15-11-520-523
 Shall be filed by an attorney (prosecuting attorney or
designee)
 Timing:
No later than 72 hours after detention hearing
Within 30 days of filing of complaint
 Contents (new requirements):
Place of detention at time taken into custody
If child is charged with Class A or Class B designated
felony act
 Amendments:
Prior to hearing
After jeopardy, shall not be amended to include new
charges

15. Article 6 - Arraignment
15-11-511
 Shall be scheduled within 30 days of the filing
of the petition (non-detained)
 Court shall inform child of:
Contents of petition
Nature of the proceedings
Possible consequences or dispositions
Due process rights
 Represented child may enter an admission
 Child whose liberty is not in jeopardy may
waive right to counsel

16. Article 6 – Failure to Appear
15-11-532
 Parent fails to appear or bring child
Court may issue a rule nisi ordering person to
show cause
Failure to appear in response to order to show
cause results in bench warrant
 Child 16 or older
Bench warrant
 Child 14 or 15 who willfully refuses to appear
Bench warrant

17. Article 6 – SB440
15-11-560
 No change to exclusive jurisdiction offenses
 Voluntary manslaughter, aggravated sodomy,
aggravated child molestation or aggravated
sexual battery may be transferred to juvenile
court by Superior Court judge.
Treated as Class A designated felony act
Appealable by the State

18. Article 6 – Transfer to Superior Court
15-11-562
 Factors for the Court to consider in making transfer decision:
Age
Seriousness
Protection of community
Violence or aggressive or premeditated manner
Culpability of child (level of planning and participation)
Repetitive pattern of offenses indicating beyond rehabilitation in
JJ
Record and history
Sophistication and maturity
Program and facilities available
Whether child can benefit from treatment or rehabilitative
programs available to juvenile court

19. Article 6 – Transfer to Superior Court
15-11-562-564
Reports/Evaluations
 Probation report developing available information
relevant to transfer criteria
 Court may order transfer evaluation of clinical
status
Admissibility
 Statements made during evaluation or at hearing
only used as impeachment or rebuttal evidence
Appeals
 Decision to transfer is an interlocutory judgment
and may be appealed by either party

20. Article 6 - Adjudication
15-11-580 & 582
Timing
 If detained, within 10 days after the filing of
petition
 If not detained, within 60 days after the filing of
petition
Understandable Language
 Court shall address the child in language
understandable to the child in order to determine
whether the child is capable of understanding
such statements about his or her rights
If capable, denial or admission

21. Chapter 6 – Disposition Options
Everyone
Order for dependent child - not temp DFCS custody
Counseling for child and parent/guardian
Supervised probation including probation
management
Unsupervised probation
Studies  High School diploma or equivalent
Community service
Restitution
Fines (traffic offenses)
Suspension of driver’s license
15-11-601

22. Article 6 – Disposition Options
15-11-601
Felony/Misdemeanor(+)
“Everyone” options
Facility/institution/camp for delinquent children
Commitment to DJJ
Up to 30 days in secure residential facility or
treatment program provided by DJJ or juvenile
court
**Applicable for felonies and misdemeanors if child has at least one prior felony
adjudication and at least three other prior adjudications for a delinquent act.

23. Article 6 – Designated Felonies
15-11-602
 Order made within 20 days of disposition hearing
 Risk assessment to be completed
 Order to include:
Finding, based on preponderance of evidence, whether
restrictive custody required
If low risk, written findings as to why placement in
restrictive custody is necessary
Written findings as to each of the following factors:
 Age and maturity
 Needs and best interest of child
 Record, background and risk level of child
 Nature and circumstances of offense
 Need for protection of community
 Age and physical condition of the victim

24. Article 6 – Designated Felonies
 Behavioral Health Evaluations:
The Court SHALL order and give consideration to
the results before ordering a DF child to restrictive
custody
15-11-475
15-11-477

25. Article 6 – DF Disposition Options
15-11-602
Class B Designated Felony
If restrictive
custody not
required 
felony/misd.(+)
options
Initial DJJ custody up to 36 months,
no more than 18 months in restrictive
custody
Moderate/High Risk Child  at least half
of period in secure residential facility,
remainder at DJJ discretion
Low Risk Child  non-secure residential
facility (“shall” or “may”?)
Intensive supervision after confinement
(not to exceed 6 months)

26. Article 6 – DF Disposition Options
15-11-602
Class A Designated Felony
If restrictive
custody not
required 
felony/misd.(+)
options
Initial DJJ custody up to 60 months
Confined in secure residential
facility for period set by order
Intensive supervision after
confinement
(not to exceed 12 months)

27. Article 6 – DF Disposition Options
15-11-602
Developmental disability
 If ordered confined to restrictive custody, but diagnosed with
DD and not amendable to treatment in a secure residential
facility, DJJ may transfer to non-secure residential facility
Must notify prosecuting attorney and judge
Mandatory secure confinement
 Serious physical injury upon person 72 or older
Credit for time served
 All time spent in secure or non-secure residential facility shall
be counted toward confinement period
Early release
 May be filed every 6 months

28. Article 6 – Designated Felony Classes
Class A Designated Felony Acts
 Aggravated assault or assault with a
deadly weapon that resulted in
serious injury
 Aggravated battery
 Armed robbery (no firearm)
 Arson (first degree)
 Attempted murder
 Escape if previously Class A or B
 Hijacking a motor vehicle
 Kidnapping
 Criminal gang activity (most types)
 Trafficking of substances
 Fourth felony adjudication if one was
a felony crime against a person or a
sexual offense
Class B Designated Felony Acts
 Aggravated assault or assault with a
deadly weapon that did not result in
serious injury
 Arson (second degree)
 Attempted kidnapping
 Battery against school personnel
 Racketeering
 Robbery
 Gang related graffiti
 Smash and grab burglary
 Destructive device and hoax device
crimes
 Second car theft
 Second possession of a handgun
 School weapons violations
 Fourth felony adjudication
15-11-2(12&13)

29. Additional Noteworthy Changes
 Law enforcement officer may detain child for reasonable period of
time sufficient to conduct interrogations or perform routine law
enforcement procedures (i.e. fingerprinting and photographing)
 15-11-502(b)
 Victims’ rights
 Entitled to same rights, notices and benefits as the victim of crime
committed by adult (victim impact)
 15-11-481
 Notice regarding release from detention for DF acts.
 15-11-508
 Jeopardy attaches:
 Denial  first witness sworn
 Admission  Court accepts admission
 11-15-480

30. ARTICLE 7:
INCOMPETENT TO PROCEED

31. Article 7 – Definitions
15-11-651
 Incompetent to proceed:
Lacking sufficient present ability to understand the
nature and object of the proceedings, to comprehend
his or her own situation in relation to the proceedings,
and to assist his or her attorney in the preparation and
presentation of his or her case in all adjudication,
disposition, or transfer hearings. Such terms shall
include consideration of a child’s age or immaturity.
 Competency remediation services
Outpatient interventions directed only at facilitating the
attainment of the competence to proceed
 May include: mental health treatment to reduce symptoms
or specialized psychoeducational programming.

32. Article 7 – General Provisions
15-11-652
 Applicable in CHINS and delinquency
proceedings
 Competency evaluation may be ordered on
court’s own motion or on motion of any party,
GAL, parent/guardian
 If child under 13 is alleged to have committed
a serious violent felony, competency
evaluation must be ordered
 Court must appoint attorney prior to evaluation
 Competency evaluation stays all proceedings

33. Article 7 – Competency
Evaluation 15-11-653
 Written report shall be submitted within 30
days of court’s order (extension may be
granted)
 If not competent, report should include:
Opinion as to primary cause of incompetency
(immaturity, mental illness, developmental
disability or a combination)
Opinion as to whether substantial probability will
attain competency in foreseeable future

34. Article 7 – Competency Hearing
15-11-655
 Within 60 days after court order for evaluation
 Burden on child
 Standard of proof  preponderance of
evidence
 Examiner considered the court’s witness and
subject to cross-examination by child’s
attorney and prosecuting attorney

35. Article 7 – Competence May Be
Remediated 15-11-656
 Court may dismiss without prejudice or order
competency remediation services. Court shall
consider:
Probable cause
Nature of incompetency
Age
Nature of alleged act
 If competency remediation services ordered, court
retains jurisdiction:
Felony  up to 2 years with review hearings at least every
6 months
Misdemeanor  up to 120 days
 If detained in secure or non-secure residential facility:
Order releasing within 5 days

36. Article 7 – Unrestorably
Incompetent 15-11-658
 Court shall:
Dismiss the petition
Appoint a plan manager
Order that procedures that a comprehensive
services plan be initiated under Article 5 (CHINS)