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2018 Georgia Code 15-11-562 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-562 Case Law from Google Scholar Amendments to OCGA 15-11-562

TITLE 15 COURTS

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

ARTICLE 6 DELINQUENCY

15-11-562. Transfer criteria; written report.

  1. The criteria that the juvenile court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to superior court and the criteria that the superior court shall consider in determining whether to transfer any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code Section 15-11-560 includes, but shall not be limited to:
    1. The age of such child;
    2. The seriousness of the alleged offense, especially if personal injury resulted;
    3. Whether the protection of the community requires transfer of jurisdiction;
    4. Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner;
    5. The impact of the alleged offense on the alleged victim, including the permanence of any physical or emotional injury sustained, health care expenses incurred, and lost earnings suffered;
    6. The culpability of such child including such child's level of planning and participation in the alleged offense;
    7. Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system;
    8. The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements;
    9. The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living;
    10. The program and facilities available to the juvenile court in considering disposition; and
    11. Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court.
  2. A probation officer, or community supervision officer, as applicable, shall prepare a written report developing fully all available information relevant to the transfer criteria. Such officer shall submit such report to the parties and the court as soon as practicable but not later than 24 hours before the scheduled hearing. The child subject to transfer and the prosecuting attorney shall have the right to review such report and cross-examine the individual making such report.
  3. The court may order a transfer evaluation of a child's clinical status as it may impact the criteria in subsection (a) of this Code section. Statements made by a child in a transfer evaluation shall only be admissible into evidence in an adjudication hearing or in a criminal proceeding as provided by Code Sections 15-11-479 and 15-11-563.

(Code 1981, §15-11-562, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 422, § 5-14/HB 310; Ga. L. 2015, p. 540, § 1-14/HB 361; Ga. L. 2017, p. 500, § 2-4/SB 160.)

The 2015 amendments. The first 2015 amendment, effective July 1, 2015, in subsection (b), inserted ", or community supervision officer, as applicable," in the first sentence and substituted "Such officer" for "A probation officer" at the beginning of the second sentence. See editor's note for applicability. The second 2015 amendment, effective May 5, 2015, in subsection (a), substituted the present provisions of the introductory paragraph for the former provisions, which read: "The criteria which the court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (b) of Code Section 15-11-560 to superior court includes, but shall not be limited to:", added present paragraph (a)(5), and redesignated former paragraphs (a)(5) through (a)(10) as present paragraphs (a)(6) through (a)(11), respectively.

The 2017 amendment, effective July 1, 2017, substituted "any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code Section 15-11-560" for "voluntary manslaughter, aggravated sodomy, aggravated child molestation, or aggravated sexual battery" near the end of the introductory language of subsection (a).

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 89 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

JUDICIAL DECISIONS

Transfer of the defendant's case was supported by evidence that it was in the community's interest, and the defendant failed to abide by the conditions of probation and continued to engage in criminal activity that escalated in severity. In the Interest of T. S., 336 Ga. App. 352, 785 S.E.2d 32 (2016).

Standard of review.

- Function of the Georgia Court of Appeals is limited to ascertaining whether there was some evidence to support the juvenile court's determination, and absent an abuse of discretion, the appellate court will affirm the order transferring jurisdiction. In the Interest of J. M. S., 334 Ga. App. 142, 778 S.E.2d 391 (2015), overruled on other grounds by In the Interest of J. H., 340 Ga. App. 733, 797 S.E.2d 185 (Ga. Ct. App. 2017).

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