O.C.G.A.

O.C.G.A. § 42-7-3 (2019)

Providing institutions and facilities

✓ 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) Youthful offenders shall undergo treatment in secure institutions, including training schools, hospitals, farms, and forestry and other camps and including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment. (b) The commissioner may, to the extent necessary, set aside such facilities described in subsection (a) of this Code section as are necessary to carry out the purposes of this chapter. (c) To the extent possible, such institutions and facilities shall be used only for treatment of youthful offenders who have the potential and desire for rehabilitation as provided in this chapter.

History

Code 1981, § 42-7-3, enacted by Ga. L. 1985, p. 420, § 1.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions rendered under former Chapter 7 of this title, relating to the powers and duties of the former Youthful Offender Division of the Department of Offender Rehabilitation (now Department of Corrections) are included in the opinions for this Code section. See the Editor’s notes under the Chapter 7 heading. Youths transferred from the Department of Human Resources enjoy a youthful offender status; a parole eligibility date should be established for them, computed on the basis of a six-year determinate sentence, or the maximum potential term for the offense for which the offender was committed, whichever is

less. 1975 Op. Att’y Gen. No. 75-50 (decided under former law). When a combination of youthful offender and standard sentences occur, the Youthful Offender Division may not approve a conditional or unconditional release for the described youthful offender until the youth’s concurrent standard sentence has expired; nevertheless, the youth could be assigned to an institution maintained primarily for youthful offenders during the entire period for which the board is charged with custody over the youth, since former Code 1933, § 77308(b) (see now O.C.G.A. §§ 42-5-50(b), 42-5-51(b), (d)) empowered the board to assign inmates to any institution within its system, and subsection (c) of this sec-

tion authorizes the director (now commissioner) of corrections to segregate youthful offenders from other prisoners. 1973

Op. Att’y Gen. No. 73-82 (decided under former law).

RESEARCH REFERENCES ALR. Treatment under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042) of

juvenile alleged to have violated law of United States, 137 A.L.R. Fed 481.

Notes of Decisions

Cited in 3 cases, 1996–2019 · leading case: Conley v. Pate, 825 S.E.2d 135 (Ga. 2019).

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Conley v. Pate, 825 S.E.2d 135 (Ga. 2019). · cites it 2× “See OCGA § 42-7-3 (a) ("Youthful offenders shall undergo treatment in secure institutions .”

Conley v. Pate, 305 Ga. 333 (Ga. 2019). · cites it 2× “See OCGA § 42-7-3 (a) (“Youthful offenders shall undergo treatment in secure institutions .”

Lazenby v. State, 470 S.E.2d 526 (Ga. Ct. App. 1996). · cites it 2× “While the Youthful Offender Act provides “for treatment of youthful offenders who have the potential and desire for rehabilitation,” OCGA § 42-7-3 (c), it does not provide for exoneration.”

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.