O.C.G.A.

49-4A-1 (2019)

Definitions

✓ 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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As used in this chapter, the term:

(1) “Board” means the Board of Juvenile Justice.

(2) “Child in need of services” means any child so adjudged under Article 5 of Chapter 11 of Title 15.

(3) “Commissioner” means the commissioner of juvenile justice.

(4) “Delinquent child” means any child so adjudged under Article 6 of Chapter 11 of Title 15.

(5) “Department” means the Department of Juvenile Justice.

(6) “Detention assessment” means an actuarial tool, approved by the board and validated on a targeted population, used to make detention decisions and that identifies and calculates specific factors that are likely to indicate a child’s risk to public safety pending adjudication and the likelihood that such child will appear for juvenile proceedings for the act causing the detention decision to be made.

(7) “Evidence based programs or practices” means programs, practices, procedures, and policies that scientific research demonstrates a likelihood to prevent or reduce juvenile delinquency or recidivism.

(8) “Juvenile detention facility” means hardware secure residential institutions or community residential locations operated by or on behalf of the department and may include youth development centers, regional youth detention centers, group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting.

(9) “Recidivism” means a conviction or adjudication of delinquency for an offense or crime committed within three years of being placed on probation or being discharged or released from a juvenile detention facility.

(10) “Risk and needs assessment” means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child’s likelihood of recidivating and identifies criminal risk factors that, when properly addressed, can reduce such child’s likelihood of recidivating.

(11) “Risk assessment” means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child’s likelihood of recidivating.

History

Code 1981, § 49-4A-1, enacted by Ga. L. 1992, p. 1983, § 24; Ga. L. 1997, p. 1453, § 4; Ga. L. 2013, p. 294, § 3-1/HB 242.

Annotations

Editor’s notes. Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1,

2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: In re Interest of I.L.M., 816 S.E.2d 620 (Ga. 2018).
In re Interest of I.L.M., 816 S.E.2d 620 (Ga. 2018). · cites it 2× “Currently, OCGA § 15-11-39 (a) does not pertain to dependency hearings, and reads: In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that a risk assessment or risk and needs…”
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.