JUVENILE COURT PRACTICE & PROCEDURE OUTLINE:
DELINQUENCY MATTERS (continued)

VI. UNIQUE PROCEEDINGS IN JUVENILE COURT

A. Adjustment ( O.C.G.A. §15-11-69; URJC, Rule 4.3)

1. diverts case from formal adjudicatory process

2. generally used for minor offenses or unruly acts

3. intake officer may withhold filing of a petition

a. best interest of the child and the community to handle the case informally
b. child and parent or guardian must consent

4. adjustment options

a. counseling and adjustment

i. one time conference with the child and parents
ii. no further need to see them

b. counsel and advice

i. need for follow-up
ii. less formal than probation
iii. no more than 3 months

c. refer to counseling

d. individualized agreements appropriate to the circumstances of the case

5. if petition has been filed judge may allow it to be withdrawn so case can be informally adjusted

6. not available if the child is alleged to have committed a designated felony without prior written notification of the district attorney's office

B. Unruly

1. defined in O.C.G.A. § 15-11-2 (11),(12)

2. court must find

a. child committed an unruly act
b. child is in need of treatment, rehabilitation or supervision

3. delinquency case can be converted to unruly

4. due process rights apply ( K.E.S. v. State, 134 Ga. App. 843 (1975))

5. stricter time limits for pretrial detention

6. stricter limits on facilities for pretrial detention

C. Designated Felony ( O.C.G.A. § 15-11-63)

1. Children 13-17 years of age who are charged with

a. kidnapping
b. first or second degree arson
c. aggravated assault
d. aggravated battery
e. robbery
f. armed robbery not involving a firearm
g. battery against school teacher or school personnel
h. attempted murder
i. attempted kidnapping
j. carjacking
k. violations of Code Sections 16-7-82,84, or 86, which involve bombs and explosives
l. second (or subsequent) offense of possession of pistol or revolver by minor (16-11-132)
m. any offense in 15-11-28 which is transferred by the Superior Court for adjudication, or for extraordinary cause by D.A.

2. Children of any age less than 17

a. violation of O.C.G.A ' 16-11-127.1, weapon at

i. school zone
ii. school property
iii school function
iv. school bus or other transportation furnished by a school

b. trafficking in cocaine, marijuana, methamphetamine or other illegal drugs under O.C.G.A. ' 13-13-31
c. racketeering
d. escape, if previously adjudicated a designated felon
e. second or subsequent adjudication of possession of hoax destructive device (16-7-85) or interference with police or emergency workers during a bomb threat (16-7-87)
f. second or subsequent theft of motor vehicle. (16-8-2 through 16-8-9)
g. violation of 16-15-4, relating to street gangs
h. any other felony, if there are three prior adjudications for felonies

i. the prior felonies do not have to have been committed after age 13
ii. if the child is 15, the charge is burglary, and there have been three separate prior adjudications of burglary, the case must be transferred to Superior Court, which can then transfer it back

3. Disposition of Designated Felon

a. order must be made within 20 days of conclusion of hearing
b. shall include written findings of fact as to whether child needs restrictive custody

i. needs and best interests of the child
ii. record and background of the child
iii. nature and circumstances of the offense including whether or not child or another person inflicted any injury
iv. need for protection of the community
v. age and physical condition of victim

c. if child inflicted serious physical injury to someone over 62, restrictive custody is mandatory (15-11-63 (d))
d. if no restrictive custody, then same disposition as any other child adjudicated delinquent
e. if court finds that restrictive custody is needed

i. continue hearing and enter order of restrictive custody
ii. child is placed in custody of DJJ for 5 years, or until 21
iii. must serve at least one year in a youth development center
iv. if a previous adjudication as designated felon, then child must serve at least 18 months
v. no home visits during first 6 months, except in emergency situations
vi. after initial period of custody then 12 months of intensive supervision
vii. need written order from DJJ in order to be released from intensive supervision
viii. DJJ may petition court to extend initial placement for 12 months after another dispositional hearing
ix. DJJ can keep child in confinement for longer than specified in court's order

4. no statutory or due process requirement that child be notified that he/she is being charged with designated felony

 

VI. COMPETENCY PROCEEDINGS (O.C.G.A. § 15-11-150-155)

A. Definitions

1. dependent

a. child who is charged with delinquency or unruly
b. found not mentally competent by the court
c. charges have not been dismissed

2. mental competency plan

a. treatment plan for child
b. developed at interagency meeting of agencies and other interested parties involved in the case
c. after court has found child incompetent and dependent
d. goal

i. to restore child to mental competency
ii. child will be able to participate in court proceedings

3. mentally competent

a. child can understand nature of proceedings
b. can understand how he/she fits into the proceedings
c. able to assist attorney in the proceedings

4. plan manager

a. appointed by court
b. convenes meetings of the relevant participants
c. gathers all necessary information

5. examiner must be

a. licensed psychologist or psychiatrist
b. expertise in child development
c. trained in forensic evaluation procedures

Next Page>>
Page 1, 2, 3, 4