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O.C.G.A. § 15-11-604 — Credit for time served | Georgia Code
O.C.G.A. § 15-11-604 (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

15-11-604. Credit for time served.

  1. 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.
  2. Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies.

(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.)

The 2014 amendment, effective April 28, 2014, substituted "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" for "facility or nonsecure residential facility awaiting adjudication and for each day spent in a secure residential facility or nonsecure residential facility" in the first sentence of subsection (a).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2302, pre-2000 Code Section 15-11-35, and pre-2014 Code Section 15-11-66, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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(11)(c), 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).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, 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.