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O.C.G.A. § 15-11-507 — Bail | Georgia Code
O.C.G.A. § 15-11-507 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 6 DELINQUENCY

15-11-507. Bail.

  1. All children alleged to have committed a delinquent act shall have the same right to bail as adults.
  2. The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes, with the exception that applying for bail, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent act may only occur:
    1. At intake in accordance with Code Section 15-11-503; or
    2. At the detention hearing in accordance with Code Section 15-11-506.
  3. A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child:
    1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
    2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
    3. Poses no significant risk of committing any felony pending trial; and
    4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.
  4. If a child is accused of committing an act that would be a serious violent felony, as defined in Code Section 17-10-6.1, if committed by an adult and such child has previously been adjudicated for a delinquent act for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of such child as required or assure the safety of any other person or the community.
  5. Any person having legal custody or an adult blood relative or stepparent of an alleged delinquent child shall be entitled to post bail but shall be required immediately to return such child to the individual or entity having legal custody of such child.
  6. For the purposes of this Code section, the term "bail" shall include the releasing of a child on his or her own recognizance.

(Code 1981, §15-11-507, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Bonds and recognizances, T. 17, C. 6.

Prohibition against excessive bail, U.S. Const., amend. 8 and Ga. Const. 1983, Art. I, Sec. I, Para. XVII.

Bonds and first appearance, Uniform State Court Rules, Rule 26.1.

Bond hearings in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rules 9.1 and 9.2.

JUDICIAL DECISIONS

Jurisdiction of trial court not affected by denial of bail.

- Even assuming an irregularity in the prior imprisonment of the appellant, such as an abuse of discretion in the denial of bail, this would in nowise affect the jurisdiction of the court trying appellant. R.T.M. v. State, 138 Ga. App. 92, 225 S.E.2d 510 (1976) (decided under former Code 1933, § 24A-1402).

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.