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2018 Georgia Code 42-7-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-7-9 Case Law from Google Scholar Amendments to OCGA 42-7-9

TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 2 INTERSTATE AGREEMENT ON DETAINERS

42-7-9. Construction of chapter.

  1. Nothing in this chapter shall limit or affect the power of any court to proceed in accordance with any other applicable provisions of law.
  2. Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the juvenile court system of this state.
  3. Nothing in this chapter shall be construed in any way to amend, repeal, or affect the jurisdiction of the State Board of Pardons and Paroles. A person sentenced under this chapter shall have his eligibility for parole computed in the same manner as other offenders sentenced to the jurisdiction of the department.

(Code 1981, §42-7-9, enacted by Ga. L. 1985, p. 420, § 1.)

Cross references.

- Juvenile proceedings generally, T. 15, C. 11.

JUDICIAL DECISIONS

Cited in Woods v. State, 233 Ga. 347, 211 S.E.2d 300 (1974); Duncan v. State, 148 Ga. App. 685, 252 S.E.2d 190 (1979); Beasley v. State, 161 Ga. App. 737, 288 S.E.2d 759 (1982).

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.

Giving of standard sentence to previous offender by second court.

- Subsection (a) of the former statute could be read as implicitly recognizing the power of a second court to give a standard prison sentence to a person who had previously been sentenced as a youthful offender. 1973 Op. Att'y Gen. No. 73-82 (decided under former law).

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