O.C.G.A.

O.C.G.A. § 15-11-604 (2019)

Credit for time served

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility, a nonsecure residential facility, or any institution or facility for the treatment or examination of a physical or mental disability awaiting adjudication, pending disposition and in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child’s disposition. (b) Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies.

History

Code 1981, § 15-11-604, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-45/SB 364.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-66, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the

Editor’s notes at the beginning of the chapter. Credit for time served. - Prior to the 2010 amendment of former O.C.G.A. § 15-11-66 (see now O.C.G.A. § 15-11-604), the defendant was not entitled to credit for time served prior to

adjudication of delinquency for the probation violation. In the Interest of M. A. I., 319 Ga. App. 578, 737 S.E.2d 585 (2013) (decided under former O.C.G.A. § 15-11-66). Juvenile court erred in expressly denying a juvenile credit for the time served in detention prior to the delinquency adjudication because under O.C.G.A.

§ 15-11-601, the juvenile court was required to give a child credit for time served in a secure residential facility and the credit for time served applies to the disposition of all offenses, including felonies, pursuant to O.C.G.A. § 15-11-604(b). In the Interest of D. D., 335 Ga. App. 676, 782 S.E.2d 728 (2016).

Notes of Decisions

Cited in 2 cases, 2015–2016 · leading case: In the Interest of E. B., a Child, 777 S.E.2d 705 (Ga. Ct. App. 2015).

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In the Interest of E. B., a Child, 777 S.E.2d 705 (Ga. Ct. App. 2015). · cites it 7× “Likewise, under OCGA § 15-11-604 (a), [a] child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility .”

In the Interest of D. D., a Child, 782 S.E.2d 728 (Ga. Ct. App. 2016). · cites it 8× “) OCGA § 15-11-604 (a); see also OCGA § 15-11-601 (c) (requiring juvenile court to give child credit for time served in a secure residential facility).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.