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2018 Georgia Code 42-7-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-7-4 Case Law from Google Scholar Amendments to OCGA 42-7-4

TITLE 42 PENAL INSTITUTIONS

Section 7. Treatment of Youthful Offenders, 42-7-1 through 42-7-9.

ARTICLE 2 INTERSTATE AGREEMENT ON DETAINERS

42-7-4. Studies and diagnoses; placement of youthful offender by department.

  1. 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.
  2. 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.

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

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.

Receipt of report prerequisite to grant of conditional release.

- As soon as the Youthful Offender Division receives the report and recommendation of the director (now commissioner) of corrections described in this section, the division, subject to final approval by the director (now commissioner), has the discretion to grant a conditional release to the youthful offender who is the subject of the report. 1973 Op. Att'y Gen. No. 73-36 (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.

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