O.C.G.A.

O.C.G.A. § 42-7-2 (2019)

Definitions

✓ 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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As used in this chapter, the term: (1) “Board” means the Board of Corrections. (2) “Commissioner” means the commissioner of corrections. (3) “Conviction” means a judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere in a felony case but excludes all judgments upon criminal offenses for which the maximum punishment provided by law is death or life imprisonment. (4) “Court” means any court of competent jurisdiction other than a juvenile court. (5) “Department” means the Department of Corrections. (6) “Treatment” means corrective and preventative incarceration, guidance, and training designed to protect the public by correcting the antisocial tendencies of youthful offenders, which may include but is not limited to vocational, educational, and other training deemed fit and necessary by the department. (7) “Youthful offender” means any male offender who is at least 17 but less than 25 years of age at the time of conviction and who in the opinion of the department has the potential and desire for rehabilitation.

History

Ga. L. 1972, p. 592, § 2; Ga. L. 1973, p. 581, § 1; Ga. L. 1975, p. 900, § 1; Ga. L. 1985, p. 420, § 1.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 1985, following the passage of Ga. L. 1985, p. 420, “Corrections” was substituted for

“Offender Rehabilitation” and “corrections” was substituted for “offender rehabilitation”. JUDICIAL DECISIONS “Youthful offender.” - Defendant previously convicted of burglaries committed when the defendant was 16 years of age could not have been prosecuted under the Georgia Youthful Offender Act of 1972

(Act), O.C.G.A. § 42-7-1 et seq., because that Act applied to offenders who were at least 17 years of age. Smith v. State, 266 Ga. App. 111, 596 S.E.2d 230, 2004 Ga. App. LEXIS 312 (2004).

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Smith v. State, 596 S.E.2d 230 (Ga. Ct. App. 2004).

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Smith v. State, 596 S.E.2d 230 (Ga. Ct. App. 2004). · cites it 2× “592, § 2 (g) (predecessor to OCGA§ 42-7-2 (7)). At the time the offenses were committed, Smith was 16 years old and therefore could not have been sentenced pursuant to the Act.”

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.