Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided 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.

Limiting duration of sentence.

- Sentencing court does not have the authority to limit the duration of the sentence to less than six years, and a sentence for an indefinite period not to exceed three years is therefore void. DeFrancis v. Thompson, 239 Ga. 785, 239 S.E.2d 14 (1977) (decided under former law).

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

Editor's notes.

- In light of the similarity of the statutory provisions, opinions were 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, 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).

Sentence which purports to order a minimum term of custody has no binding effect on the Youthful Offender Division; while the division should regard such language as an authoritative recommendation that it postpone the conditional release of a particular youthful offender, the division may deal with that offender in accordance with its normal procedures. 1973 Op. Att'y Gen. No. 73-36 (decided under former law).

Complete discretion in granting a conditional or unconditional release was given to the administrators of this former chapter within the time limits specified by the former chapter. Language in a sentence which would either delay release for a stated period or order it to be granted within a shorter period than that described in Ga. L. 1972, p. 592 would not be binding on the Youthful Offender Division, but would only have the effect of a recommendation; thus, an individual sentenced to serve one year under the former chapter could lawfully remain in the physical custody of the division for a period greater or less than one year. 1973 Op. Att'y Gen. No. U73-60 (decided under former law).

When sentence was expressly imposed under the former chapter so that the person was sentenced to be confined in the Youthful Offender Division, language which specified that the period of custody was not to exceed a period of two years did not operate to limit the division's discretion over conditional and unconditional release. 1974 Op. Att'y Gen. No. 74-100 (decided under former law).

Any restrictive language in a youthful offender's sentence should be regarded as a compelling recommendation that the release of the particular offender be approved within the time period specified in the youth's sentence. 1974 Op. Att'y Gen. No. 74-100 (decided under former law).