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2018 Georgia Code 17-10-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-10-14 Case Law from Google Scholar Amendments to OCGA 17-10-14

TITLE 17 CRIMINAL PROCEDURE

Section 10. Sentence and Punishment, 17-10-1 through 17-10-71.

ARTICLE 1 PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

17-10-14. Committal of person under 17 convicted of felony.

  1. Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
  2. If a child is transferred to superior court pursuant to Code Section 15-11-561 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections.

(Code 1981, §17-10-14, enacted by Ga. L. 1987, p. 1335, § 1; Ga. L. 1990, p. 1930, § 7; Ga. L. 1992, p. 1983, § 19; Ga. L. 1994, p. 1012, § 27; Ga. L. 1997, p. 1453, § 1; Ga. L. 2000, p. 20, § 8; Ga. L. 2013, p. 294, § 4-18/HB 242; Ga. L. 2015, p. 540, § 1-16/HB 361.)

The 2013 amendment, effective January 1, 2014, substituted "subsection (b)" for "subsections (b) and (c)" in the first sentence of subsection (a); substituted "Code Section 15-11-561" for "Code Section 15-11-30.2" in the first sentence of subsection (b); and deleted subsection (c), which read: "In any case where a child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-28, such child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections." See editor's note for applicability.

The 2015 amendment, effective May 5, 2015, substituted "pursuant to" for "according to subsection (b) of" in the first sentence of subsection (b).

Editor's notes.

- Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".

Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the "School Safety and Juvenile Justice Reform Act of 1994".

Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

Law reviews.

- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 81 (1994).

JUDICIAL DECISIONS

Custody of juvenile until 21 years.

- Ordering that the juvenile remain in the Department of Juvenile Justice custody until the juvenile reaches 21 years of age is neither authorized by O.C.G.A. § 49-4A-9(e) or any other provision of Georgia law. Ga. Dep't of Juvenile Justice v. Eller, 338 Ga. App. 247, 789 S.E.2d 412 (2016).

While O.C.G.A. § 49-4A-9(b) provides the superior court broad discretion to modify the court's orders for the welfare of any child subject to the court's jurisdiction, the plain language of subsection (e) limits that discretion once that child becomes 17 years of age. Ga. Dep't of Juvenile Justice v. Eller, 338 Ga. App. 247, 789 S.E.2d 412 (2016).

Judgment of the trial court directing the Department of Juvenile Justice (DJJ) to hold in its custody a criminal defendant prosecuted as an adult for a crime committed as a juvenile, until the defendant turned 21 years old, was reversed because ordering that the defendant remain in DJJ custody until reaching 21 years of age was neither authorized by O.C.G.A. § 49-4A-9(e) or any other provision of Georgia law. Ga. Dep't of Juvenile Justice v. Eller, 338 Ga. App. 247, 789 S.E.2d 412 (2016).

Cited in State v. Hudson, 303 Ga. 348, 812 S.E.2d 270 (2018).

Cases Citing O.C.G.A. § 17-10-14

Total Results: 4  |  Sort by: Relevance  |  Newest First

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State v. Hudson, 812 S.E.2d 270 (Ga. 2018).

Cited 16 times | Published | Supreme Court of Georgia | Mar 15, 2018

...The five-judge majority opinion held that the superior court was authorized by OCGA § 49-4A-9 (e) to reduce Hudson's sentences. See T.M.H., 339 Ga. App. at 630-635, 794 S.E.2d 201. One judge *272concurred only in the judgment. See id. at 635, 794 S.E.2d 201. And three judges dissented, contending that OCGA § 17-10-14 (a) prohibited the resentencing....
...ence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law. The State argues that the emphasized language does not apply to Hudson because OCGA § 17-10-14 (a) requires that he be transferred to the Department of Corrections to serve the remainder of his original sentence when he turns 17.1 Which juvenile offenders come within the scope of § 49-4A-9 (e) and how that provision interacts with § 17-10-14 (a) are difficult questions requiring meticulous examination of not only those two provisions but the rest of each Code section and their broader statutory and legal contexts.2 The Court of Appeals decided those questions, but it did not...
...As to the question this Court posed when it granted certiorari review, I agree with the approach taken by Judge Ray in his dissent below (which was joined by then Judge Boggs) and similarly conclude that OCGA §§ 49-4A-9 (a) and (e), when read in conjunction with OCGA § 17-10-14 (a), did not permit the superior court to modify Hudson's sentence.4 Finally, though most of these statutes were recently enacted or amended, I would encourage the General Assembly to revisit these provisions to provide further clarity r...
...rding the "commitment" of juveniles (who have not yet attained the age of 17) who are convicted and sentenced as an adult for a felony "punishable by death," by confinement for life, or to a certain term of imprisonment. See OCGA § 49-4A-9 and OCGA § 17-10-14 (a)....
...Justice...." That includes children who are convicted of a felony as adults and sentenced to life imprisonment or to a term of imprisonment and are temporarily "committed to the Department of Juvenile Justice" until reaching age 17, pursuant to OCGA § 17-10-14 (a)....
...to provide them the opportunity for rehabilitation while in confinement with other children, and not adults (with certain exceptions for those who might pose a danger to other juveniles).3 In fact, at the same time and in the same Act in which OCGA § 17-10-14(a) was amended to provide that a juvenile convicted as an adult for a term of imprisonment, like the one imposed in this case, should serve his or sentence in a juvenile detention center until reaching age 17, the General Assembly also amended Title 49 of the Code to add Chapter 4A, including OCGA § 49-4A-9 (e)....
...in consideration for what the trial judge found to be exemplary conduct while he was detained at the juvenile facility. I concur, of course, with the majority's conclusion that the trial court did not err by modifying Hudson's other sentences. OCGA § 17-10-14 (a) says: Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adu...
...As explained above, that canon leads to the right decision in this case; it should not be ignored in a rush to read statutes in favor of criminal defendants, even if they are juveniles. In this way, our conclusion is consistent with the result that the dissenting opinion in the Court of Appeals said was required by OCGA § 17-10-14 (a)....
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Bun v. State, 296 Ga. 549 (Ga. 2015).

Cited 15 times | Published | Supreme Court of Georgia | Feb 16, 2015 | 769 S.E.2d 381

... (Georgia Constitution provides greater protection against excessive fines and forfeitures than U.S. Constitution). In Georgia, we treat juveniles differently than adults as evidenced by our institutions (i.e., juvenile courts) and laws. See, e.g. OCGA § 17-10-14 (a) (requiring juveniles who are sentenced to life in prison and who are younger than 17 to serve their time in a juvenile detention facility)....
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State v. Hudson, 303 Ga. 348 (Ga. 2018).

Cited 14 times | Published | Supreme Court of Georgia | Mar 15, 2018

...The five-judge majority opinion held that the superior court was authorized by OCGA § 49-4A-9 (e) to reduce Hudson’s sentences. See T. M. H., 339 Ga. App. at 630-635. One judge concurred only in the judgment. See id. at 635. And three judges dissented, contending that OCGA § 17-10-14 (a) prohibited the resentencing....
...ed to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law. The State argues that the emphasized language does not apply to Hudson because OCGA § 17-10-14 (a) requires that he be transferred to the Department of Corrections to serve the remainder of his original sentence when he turns 17.1 Which juvenile offenders come within the scope of OCGA § 49-4A-9 (e) and 1 OCGA § 17-10-14 (a) says: Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felo...
...This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. 4 how that provision interacts with OCGA § 17-10-14 (a) are difficult questions requiring meticulous examination of not only those two provisions but the rest of each Code section and their broader statutory and legal contexts.2 The Court of Appeals decided those questions, but it did n...
...Benham, J., concurs in part and dissents in part. Boggs, J., disqualified. statutes in favor of criminal defendants, even if they are juveniles. 6 In this way, our conclusion is consistent with the result that the dissenting opinion in the Court of Appeals said was required by OCGA § 17-10-14 (a)....
...As to the question this Court posed when it granted certiorari review, I agree with the approach taken by Judge Ray in his dissent below (which was joined by then Judge Boggs) and similarly conclude that OCGA § 49-4A-9 (a) and (e), when read in conjunction with OCGA § 17-10-14 (a), did not permit the superior court to modify Hudson’s sentence.10 Finally, though most of these statutes were recently enacted or amended, I would encourage the General Assembly to revisit these provisions to provide further clarity regarding the “commitment” of juveniles (who have not yet attained the age of 17) who are convicted and sentenced as an adult for a felony “punishable by death,” by confinement for life, or to a certain term of imprisonment. See OCGA §§ 49-4A-9 and 17-10-14 (a)....
....” That includes children who are convicted of a felony as adults and sentenced to life imprisonment or to a term of imprisonment and are temporarily “committed to the Department of Juvenile Justice” until reaching age 17, pursuant to OCGA § 17-10-14 (a)....
...provide them the opportunity for rehabilitation while in confinement with other children, and not adults (with certain exceptions for those who might pose a danger to other juveniles).13 In fact, at the same time and in the same Act in which OCGA § 17-10-14 (a) was amended to provide that a juvenile convicted as an adult for a term of imprisonment, like the one imposed in this case, should serve his or her sentence in a juvenile detention center until reaching age 17, the General Assembly...

Bun v. State (Ga. 2015).

Published | Supreme Court of Georgia | Feb 16, 2015

...115 (3) (365 SE2d 827) (1988) (Georgia Constitution provides greater protection against excessive fines and forfeitures than U. S. Constitution). In Georgia, we treat juveniles differently than adults as evidenced by our institutions (i.e., juvenile courts) and laws. See, e.g., OCGA § 17-10-14 (a) (requiring juveniles who are sentenced to life in prison and who are younger than 17 to serve their time in a juvenile detention facility)....