ARTICLE 6
DELINQUENCY
15-11-508. Notification to victim of child's release from detention.
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As used in this Code section, the term:
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"Notice" shall have the same meaning as set forth in Code Section 17-17-3.
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"Victim" shall have the same meaning as set forth in Code Section 17-17-3.
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"Violent 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:
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A serious violent felony as defined by Code Section 17-10-6.1;
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A class A designated felony act or class B designated felony act;
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Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or
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Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph.
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If a child accused of a violent delinquent act is detained pending adjudication, a juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention.
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Not less than 48 hours prior to a child who has been adjudicated to have committed a violent delinquent act being released from detention or transferred to a nonsecure residential facility, a juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release or transfer.
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Victim notification need not be given unless a victim has expressed a desire for such notification and has provided a juvenile court intake officer with a current address and telephone number. It shall be the duty of a juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim to provide a primary and personal telephone number to which such notification shall be directed.
(Code 1981, §15-11-508, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)
Cross references.
- Crime Victims' Bill of Rights, T. 17, C. 17.
15-11-510. Intake; informal adjustment.
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If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment.
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At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform a child of:
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The contents of the complaint;
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The nature of the proceedings;
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The possible consequences or dispositions that may apply to such child's case following adjudication; and
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His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
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A juvenile court intake officer may elect to pursue a case through informal adjustment or other nonadjudicatory procedure in accordance with the provisions of Code Section 15-11-515.
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If a case is to be prosecuted further and handled other than by informal adjustment or other nonadjudicatory procedure, a referral shall be made to the prosecuting attorney and a petition for delinquency shall be filed within 30 days of the filing of a complaint.
(Code 1981, §15-11-510, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)
