O.C.G.A.
O.C.G.A.

O.C.G.A. § 42-7-4 (2019)

Studies and diagnoses; placement of youthful offender by department

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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) The commissioner shall cause to be made a complete study and diagnosis of each youthful offender, including a physical examination and, where possible and indicated, a mental examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed within a period of 60 days from the date of commitment.

(b) Upon the receipt of all reports and recommendations required by subsection (a) of this Code section, the department shall:

(1) Allocate and direct a transfer of the youthful offender to an institution or facility for treatment; or

(2) Order the youthful offender confined and afforded treatment under such conditions as are necessary for the protection of the public.

History

Code 1981, § 42-7-4, enacted by Ga. L. 1985, p. 420, § 1.

Annotations

JUDICIAL DECISIONS

Cited in Duncan v. State, 148 Ga. App. 685, 252 S.E.2d 190 (1979).

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 annotations for this Code section. See the editor's notes under the Chapter 7 heading.

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.