23 LC 28 0594S
H. B. 462 (SUB)
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House Bill 462 (COMMITTEE SUBSTITUTE)
By: Representatives Ballinger of the 23
rd
, Gunter of the 8
th
, Burchett of the 176
th
, Oliver of
the 82
nd
, and Camp of the 135
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
1
Juvenile Code, so as to enact the "Raise the Age Act"; to provide for an implementation2
committee; to provide for the powers, composition, and appointment of such committee; to3
change the jurisdiction of the juvenile court to include certain children who are 17 years of4
age; to amend Titles 15, 16, 17, 27, 37, 42, and 49 of the Official Code of Georgia5
Annotated, relating to courts, crimes and offenses, criminal procedure, game and fish, mental6
health, penal institutions, and social services, respectively, so as to make conforming7
cross-references; to provide for effective dates and automatic repeal under certain8
circumstances; to provide for related matters; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 23 LC 28 0594S
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PART I
12
SECTION 1-1.13
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile14
Code, is amended in Article 1, relating to general provisions, by adding a new Code section15
to read as follows:16
"15-11-42.
17
(a) This Code section shall be known and may be cited as the 'Raise the Age Act.'18
(b) There shall be an implementation committee that shall consist of 12 members as19
follows:20
(1) The chairperson of the House Committee on Juvenile Justice;21
(2) The chairperson of the Senate Judiciary Committee;22
(3) The commissioner of the Department of Juvenile Justice or his or her designee;23
(4) The president of the Georgia Sheriffs' Association or his or her designee;24
(5) The executive director of the Administrative Office of the Courts or his or her25
designee;26
(6) The executive director of the Prosecuting Attorneys' Council of the State of Georgia27
or his or her designee;28
(7) The executive director of the Georgia Association of Criminal Defense Lawyers or29
his or her designee;30
(8) The executive director of the Criminal Justice Coordinating Council or his or her31
designee;32
(9) The director of the Governor's Office of Planning and Budget or his or her designee;33
(10) The president of the Council of Juvenile Court Judges or his or her designee;34
(11) The executive director of the Association County Commissioners of Georgia or his35
or her designee; and36
(12) The president of the Georgia Council of Court Administrators or his or her designee.37 23 LC 28 0594S
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The chairperson of the House Committee on Juvenile Justice and the chairperson of the38
Senate Judiciary Committee shall serve as cochairpersons of the committee. The39
committee shall meet upon the call of the chairs.40
(c) The committee may confer with any appropriate subject matter experts, state agencies41
and advisory members to the committees as selected by the chairs, including the president42
of the Georgia Association of Chiefs of Police, the executive director of the Georgia Public43
Safety Training Center, attorneys who regularly practice in the juvenile courts, and44
advocates for children and youth, on matters relating to implementing raising the juvenile45
age, including equipment, security, and technological aspects in connection to raising the46
age of juvenile offenders regarding:47
(1) Standards and practices of other jurisdictions;48
(2) The most recent standards promulgated by national standard-setting bodies; and49
(3) The views of interested persons, government officials, and entities.50
(d) The committee shall commence no later than May 15, 2023, and shall stand abolished51
on December 31, 2024.52
(e) The committee shall provide a detailed written report including all the necessary53
operational and statutory changes required to include 17 year-old children in the juvenile54
justice system, including cost estimates for capital outlay, operating expenses, and staffing55
needs, for each part of the implementation plan. The report shall also include the estimated56
time required for such proposed implementation as well as any other data, reports,57
statistical information, and other facts and figures necessary for the successful58
implementation of such policy. Such report shall be provided to the Governor, the59
Lieutenant Governor, and the members of the General Assembly not later than60
December 1, 2023.61
(f) This Code Section shall stand repealed in its entirety on January 1, 2025."62 23 LC 28 0594S
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PART II
63
SECTION 2-1.64
Said chapter is further amended by revising paragraph (10) of Code Section 15-11-2, relating65
to definitions, as follows:66
"(10) 'Child' means any individual who is:67
(A) Under the age of 18 years;68
(B) Under the age of 17 years when alleged to have committed a delinquent act;
69
(C)(B) Between 18 and 21 years of age and receiving extended care youth services70
from DFCS; or71
(D)(C) Under the age of 21 years who committed an act of delinquency before72
reaching the age of 17 18 years and who has been placed under the supervision of the73
court or on probation to the court for the purpose of enforcing orders of the court."74
SECTION 2-2.75
Said chapter is further amended by revising subsection (a) of Code Section 15-11-7, relating76
to court of inquiry, as follows:77
"(a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the78
powers and rights allowed courts of inquiry in this state and to examine or investigate into79
the circumstances or causes of any conduct or acts of any person 17 18 or more years of80
age that may be in violation of the laws of this state whenever such person is brought81
before the court in the course of any proceeding instituted under this chapter. The court82
shall cause the person to be apprehended and brought before it upon either a writ of83
summons, a warrant duly issued, or by arrest."84 23 LC 28 0594S
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SECTION 2-3.
85
Said chapter is further amended by revising subparagraph (E) of paragraph (1) of Code86
Section 15-11-10, relating to exclusive original jurisdiction, as follows:87
"(E) Has been placed under the supervision of the court or on probation to the court;88
provided, however, that such jurisdiction shall be for the purpose of completing,89
effectuating, and enforcing such supervision or a probation begun either
prior to such90
child's seventeenth eighteenth birthday if the order is entered as a disposition for an91
adjudication for delinquency or prior to such child's eighteenth birthday if the order is92
entered for an adjudication for a child in need of services;"93
SECTION 2-4.94
Said chapter is further amended by revising subsection (e) of Code Section 15-11-504,95
relating to place of detention, as follows:96
"(e) The official in charge of a jail or other facility for the detention of adult offenders or97
persons charged with a crime shall inform the court or the juvenile court intake officer98
immediately when a child who appears to be under the age of 17 18 years is received at99
such facility and shall deliver such child to the court upon request or transfer such child to100
the facility designated by the juvenile court intake officer or the court."101
SECTION 2-5.102
Said chapter is further amended by revising Code Section 15-11-560, relating to concurrent103
and original jurisdiction of superior court, as follows:104
"15-11-560.105
(a) Except as provided in subsection (b) of this Code section, the court shall have106
concurrent jurisdiction with the superior court over a child who is alleged to have107
committed a delinquent act which would be considered a crime if tried in a superior court108 23 LC 28 0594S
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and for which an adult may be punished by loss of life, imprisonment for life without
109
possibility of parole, or confinement for life in a penal institution.110
(b) The superior court shall have exclusive original jurisdiction over the trial of any111
child 13 to 17
18 years of age who is alleged to have committed any of the following112
offenses:113
(1) Murder;114
(2) Murder in the second degree;115
(3) Voluntary manslaughter;116
(4) Rape;117
(5) Aggravated sodomy;118
(6) Aggravated child molestation;119
(7) Aggravated sexual battery;120
(8) Armed robbery if committed with a firearm;121
(9) Aggravated assault if committed with a firearm upon a public safety officer as such122
acts are prohibited under subsection (c) of Code Section 16-5-21; or123
(10) Aggravated battery upon a public safety officer as such acts are prohibited under124
subsection (c) of Code Section 16-5-24.125
(c) The granting of bail or pretrial release of a child charged with an offense enumerated126
in subsection (b) of this Code section shall be governed by the provisions of Code127
Section 17-6-1.128
(d) At any time before indictment, the district attorney may, after investigation and for129
cause, decline prosecution in the superior court of a child 13 to 17 18 years of age alleged130
to have committed an offense specified in subsection (b) of this Code section. Upon131
declining such prosecution in the superior court, the district attorney shall cause a petition132
to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is133
in detention or 30 days if the child is not in detention. Except as provided in paragraph (8)134
of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney135 23 LC 28 0594S
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to the juvenile court pursuant to this subsection shall be subject to the class A designated
136
felony act provisions of Code Section 15-11-602, and the transfer of the case from superior137
court to juvenile court shall constitute notice to such child that such case is subject to the138
class A designated felony act provisions of Code Section 15-11-602.139
(e)(1) After indictment, the superior court may after investigation transfer to the juvenile140
court any case involving a child 13 to 17
18 years of age alleged to have committed any141
act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of this Code142
section. In considering the transfer of such case, the court shall consider the criteria set143
forth in Code Section 15-11-562. Any such transfer shall be appealable by the State of144
Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court,145
jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall146
terminate.147
(2) Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any148
case transferred by the superior court to the juvenile court pursuant to this subsection149
shall be subject to the class A designated felony act provisions of Code150
Section 15-11-602, and the transfer of the case from superior court to juvenile court shall151
constitute notice to such child that such case is subject to the class A designated felony152
act provisions of Code Section 15-11-602.153
(f) The superior court may transfer any case involving a child 13 to 17 18 years of age154
alleged to have committed any offense enumerated in subsection (b) of this Code section155
and convicted of a lesser included offense not included in subsection (b) of this Code156
section to the juvenile court of the county of such child's residence for disposition. Upon157
such a transfer by the superior court, jurisdiction shall vest in the juvenile court and158
jurisdiction of the superior court shall terminate.159
(g) Within 30 days of any proceeding in which a child 13 to 17 18 years of age is160
convicted of certain offenses over which the superior court has original jurisdiction as161
provided in subsection (b) of this Code section or adjudicated as a delinquent child on the162 23 LC 28 0594S
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basis of conduct which if committed by an adult would constitute such offenses, the
163
superior court shall provide written notice to the school superintendent or his or her164
designee of the school in which such child is enrolled or, if the information is known, of165
the school in which such child plans to be enrolled at a future date. Such notice shall166
include the specific criminal offense that such child committed. The local school system167
to which such child is assigned may request further information from the court's file.168
(h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or169
other weapon which will or can be converted to expel a projectile by the action of an170
explosive or electrical charge."171
SECTION 2-6.172
Said chapter is further amended by revising paragraph (3) of subsection (a) and173
subsection (d) of Code Section 15-11-561, relating to waiver of juvenile court jurisdiction174
and transfer to superior court, as follows:175
"(3) The petition alleges that such child: 176
(A) Was at least 15 years of age at the time of the commission of the offense and177
committed an act which would be a felony if committed by an adult; or
178
(B) Was 13 or 14 years of age and either committed an act for which the punishment179
is loss of life or confinement for life in a penal institution or committed aggravated180
battery resulting in serious bodily injury to an alleged victim who is not a public safety181
officer as such term is defined in Code Section 16-5-19;182
(C) Was 17 years of age at the time he or she is alleged to have committed criminal183
gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of184
Code Section 16-15-3, in violation of Code Section 16-15-4; or185
(D) Was 17 years of age at the time he or she is alleged to have committed an act186
which would constitute a second or subsequent commission of a delinquent act for an187
offense which, if committed by an adult, would constitute a felony offense."188 23 LC 28 0594S
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"(d) No child, either before or after reaching 17 18 years of age, shall be prosecuted in189
superior court for an offense committed before the child turned 17 18, unless the case has190
been transferred as provided in this part. In addition, no child shall be subject to criminal191
prosecution at any time for an offense arising out of a criminal transaction for which the192
juvenile court retained jurisdiction in its transfer order."193
SECTION 2-7.194
Said chapter is further amended by revising subsection (a) of Code section 15-11-562,195
relating to transfer criteria and written reports, as follows:196
"(a) The criteria that the juvenile court shall consider in determining whether to transfer197
an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to198
superior court and the criteria that the superior court shall consider in determining whether199
to transfer any case involving a child 13 to 17 18 years of age alleged to have committed200
any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code201
Section 15-11-560 to juvenile court as set forth in subsection (e) of Code202
Section 15-11-560 includes, but shall not be limited to:203
(1) The age of such child;204
(2) The seriousness of the alleged offense, especially if personal injury resulted;205
(3) Whether the protection of the community requires transfer of jurisdiction;206
(4) Whether the alleged offense involved violence or was committed in an aggressive or207
premeditated manner;208
(5) The impact of the alleged offense on the alleged victim, including the permanence209
of any physical or emotional injury sustained, health care expenses incurred, and lost210
earnings suffered;211
(6) The culpability of such child including such child's level of planning and212
participation in the alleged offense;213 23 LC 28 0594S
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(7) Whether the alleged offense is a part of a repetitive pattern of offenses which
214
indicates that such child may be beyond rehabilitation in the juvenile justice system;215
(8) The record and history of such child, including experience with the juvenile justice216
system, other courts, supervision, commitments to juvenile institutions, and other217
placements;218
(9) The sophistication and maturity of such child as determined by consideration of his219
or her home and environmental situation, emotional condition, and pattern of living;220
(10) The program and facilities available to the juvenile court in considering disposition;221
and222
(11) Whether or not a child can benefit from the treatment or rehabilitative programs223
available to the juvenile court."224
SECTION 2-8.225
Said chapter is further amended by revising subsection (b) of Code Section 15-11-565,226
relating to places authorized for detention of child before and after transfer order, as follows:227
"(b) After the entry of a judgment ordering transfer, a child shall be detained only in those228
places authorized for the detention of a child until such child, as set forth in Code229
Section 15-11-34, reaches 17
18 years of age."230
PART III231
SECTION 3-1.232
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising233
subsection (a) of Code Section 15-6-36, relating to notice of student's felony conviction to234
school superintendent, as follows:235
"(a) For the purposes of this Code section, 'conviction' means any felony conviction of a236
person who is at least 17 18 years of age."237 23 LC 28 0594S
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SECTION 3-2.
238
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is239
amended by revising paragraph (1) of subsection (c) of Code Section 16-5-21, relating to240
aggravated assault, as follows:241
"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public242
safety officer while he or she is engaged in, or on account of the performance of, his or243
her official duties shall, upon conviction thereof, be punished as follows:244
(A) When such assault occurs by the discharge of a firearm by a person who is at245
least 17
18 years of age, such person shall be punished by imprisonment for not less246
than ten nor more than 20 years and shall be sentenced to a mandatory minimum term247
of imprisonment of ten years and no portion of the mandatory minimum sentence248
imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing249
court; provided, however, that in the court's discretion, the court may depart from such250
mandatory minimum sentence when the prosecuting attorney and defendant have251
agreed to a sentence that is below such mandatory minimum;252
(B) When such assault does not involve the discharge of a firearm by a person who is253
at least 17 18 years of age, and does not involve only the use of the person's body, such254
person shall be punished by imprisonment for not less than five nor more than 20 years255
and, for persons who are at least 17 18 years of age, shall be sentenced to a mandatory256
minimum term of imprisonment of three years and no portion of the mandatory257
minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld258
by the sentencing court; provided, however, that in the court's discretion, the court may259
depart from such mandatory minimum sentence when the prosecuting attorney and260
defendant have agreed to a sentence that is below such mandatory minimum; or261
(C) When such assault occurs only involving the use of the person's body, by262
imprisonment for not less than five nor more than 20 years."263 23 LC 28 0594S
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SECTION 3-3.
264
Said title is further amended by revising paragraph (1) of subsection (c) of Code265
Section 16-5-24, relating to aggravated battery, as follows:266
"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public267
safety officer while the public safety officer is engaged in, or on account of the268
performance of, his or her official duties shall, upon conviction thereof, be punished by269
imprisonment for not less than ten nor more than 20 years; provided, however, that for270
persons who are at least 17
18 years of age, a mandatory minimum term of imprisonment271
of three years shall be imposed and no portion of the mandatory minimum sentence shall272
be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court;273
provided, however, that in the court's discretion, the court may depart from such274
mandatory minimum sentence when the prosecuting attorney and defendant have agreed275
to a sentence that is below such mandatory minimum."276
SECTION 3-4.277
Said title is further amended by revising paragraph (3) of subsection (a) of Code278
Section 16-12-1, relating to contributing to the delinquency or dependency of a minor, as279
follows:280
"(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have281
committed a delinquent act or any individual under the age of 18 years."282
SECTION 3-5.283
Said title is further amended by revising subsection (b) of Code Section 16-12-100.3, relating284
to obscene telephone contact, conviction, and penalties, as follows:285
"(b) A person 17 18 years of age or over commits the offense of obscene telephone contact286
with a child if that person has telephone contact with an individual whom that person287
knows or should have known is a child, and that contact involves any aural matter288 23 LC 28 0594S
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containing explicit verbal descriptions or narrative accounts of sexually explicit nudity,
289
sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse290
or satisfy the sexual desire of either the child or the person, provided that no conviction291
shall be had for this offense on the unsupported testimony of the victim."292
SECTION 3-6.293
Said title is further amended by revising subsection (k) of Code Section 16-13-30, relating294
to purchase, possession, manufacture, distribution, or sale of controlled substances or295
marijuana, and penalties, as follows:296
"(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under297
the age of 17
18 years, in any manner, for the purpose of manufacturing, distributing, or298
dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or299
marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by300
law. Any person who violates this subsection shall be guilty of a felony and, upon301
conviction thereof, shall be punished by imprisonment for not less than five years nor more302
than 20 years or by a fine not to exceed $20,000.00, or both."303
SECTION 3-7.304
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is305
amended by revising Code Section 17-9-3, relating to recommendations for mercy in capital306
cases other than those of homicide, and effect of no recommendation for mercy in capital307
cases generally and where defendant under age of 17 at time of commission of offense, as308
follows:309
"17-9-3.310
In all capital cases, other than those of homicide, when the verdict is 'guilty,' with a311
recommendation for mercy, it shall be legal and shall mean imprisonment for life. When312
the verdict is 'guilty,' without a recommendation for mercy, it shall be legal and shall mean313 23 LC 28 0594S
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that the convicted person shall be sentenced to death. When it is shown that a person
314
convicted of a capital offense without a recommendation for mercy had not reached his or
315
her seventeenth eighteenth birthday at the time of the commission of the offense, the316
punishment of such person shall not be death but shall be imprisonment for life."317
SECTION 3-8.318
Said title is further amended by revising Code Section 17-10-14, relating to committal of319
person under 17 convicted of felony, as follows:320
"17-10-14.321
(a) Notwithstanding any other provisions of this article and except as otherwise provided322
in subsection (b) of this Code section, in any case where a person under the age of 17 18323
years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain324
term of imprisonment, such person shall be committed to the Department of Juvenile325
Justice to serve such sentence in a detention center of such department until such person326
is 17 18 years of age at which time such person shall be transferred to the Department of327
Corrections to serve the remainder of the sentence. This Code section shall apply to any328
person convicted on or after July 1, 1987, and to any person convicted prior to such date329
who has not been committed to an institution operated by the Department of Corrections.330
(b) If a child is transferred to superior court pursuant to Code Section 15-11-561 and331
convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence332
such child to the Department of Corrections. Such child shall be housed in a designated333
youth confinement unit until such person is 17 18 years of age, at which time such person334
may be housed in any other unit designated by the Department of Corrections."335 23 LC 28 0594S
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SECTION 3-9.
336
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by337
revising paragraph (1) of subsection (b) of Code Section 27-3-63, relating to general offenses338
and penalties, as follows:339
"(1) For the first offense, the offender shall be fined not less than $100.00, except that340
this minimum fine shall not apply to the offender if he or she
is 17 18 years of age or341
younger;"342
SECTION 3-10.343
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by344
revising paragraph (4) of Code Section 37-3-1, relating to definitions, as follows:345
"(4) 'Court' means:346
(A) In the case of an individual who is 17 18 years of age or older, the probate court347
of the county of residence of the patient or the county in which such patient is found.348
Notwithstanding Code Section 15-9-13, in any case in which the judge of such court is349
unable to hear a case brought under this chapter within the time required for such350
hearing or is unavailable to issue the order specified in subsection (b) of Code351
Section 37-3-41, such judge shall appoint a person to serve and exercise all the352
jurisdiction of the probate court in such case. Any person so appointed shall be a353
member of the State Bar of Georgia and shall be otherwise qualified for his or her354
duties by training and experience. Such appointment may be made on a case-by-case355
basis or by making a standing appointment of one or more persons. Any person356
receiving such standing appointment shall serve at the pleasure of the judge making the357
appointment or his or her successor in office to hear such cases if and when necessary.358
The compensation of a person so appointed shall be as agreed upon by the judge who359
makes the appointment and the person appointed with the approval of the governing360
authority of the county for which such person is appointed and shall be paid from the361 23 LC 28 0594S
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county funds of said county. All fees collected for the services of such appointed
362
person shall be paid into the general funds of the county served; or363
(B) In the case of an individual who is under the age of 17
18 years, the juvenile court364
of the county of residence of the patient or the county in which such patient is found."365
SECTION 3-11.366
Said title is further amended by revising paragraph (5) of Code Section 37-4-2, relating to367
definitions, as follows:368
"(5) 'Court' means:369
(A) In the case of an individual who is 17 18 years of age or older, the probate court370
of the county of residence of the client or the county in which such client is found.371
Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate372
court is unable to hear a case brought under this chapter within the time required for373
such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction374
of the probate court in such case. Any person so appointed shall be a member of the375
State Bar of Georgia and shall be otherwise qualified for his or her duties by training376
and experience. Such appointment may be made on a case-by-case basis or by making377
a standing appointment of one or more persons. Any person receiving such standing378
appointment shall serve at the pleasure of the judge making the appointment or the379
judge's successor in office to hear such cases if and when necessary. The compensation380
of a person so appointed shall be as agreed upon by the judge who makes the381
appointment and the person appointed with the approval of the governing authority of382
the county for which such person is appointed and shall be paid from the county funds383
of said county. All fees collected for the services of such appointed person shall be paid384
into the general funds of the county served; or385
(B) In the case of an individual who is under the age of 17 18 years, the juvenile court386
of the county of residence of the client or the county in which such client is found."387 23 LC 28 0594S
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SECTION 3-12.
388
Said title is further amended by revising paragraph (7) of Code Section 37-7-1, relating to389
definitions, as follows:390
"(7) 'Court' means:391
(A) In the case of an individual who is 17
18 years of age or older, the probate court392
for the county of residence of the patient or the county in which such patient is found.393
Notwithstanding Code Section 15-9-13, in any case in which the judge of the probate394
court is unable to hear a case brought under this chapter within the time required for395
such hearing or is unavailable to issue the order specified in subsection (b) of Code396
Section 37-7-41, the judge shall appoint a person to serve and exercise all the397
jurisdiction of the probate court in such case. Any person so appointed shall be a398
member of the State Bar of Georgia and be otherwise qualified for his or her duties by399
training and experience. Such appointment may be made on a case-by-case basis or by400
making a standing appointment of one or more persons. Any person receiving such a401
standing appointment shall serve at the pleasure of the judge making the appointment402
or his or her successor in office to hear such cases if and when necessary. The403
compensation of a person so appointed shall be as agreed upon by the judge who makes404
the appointment and the person appointed and as approved by the governing authority405
of the county for which such person is appointed and shall be paid from the county406
funds of the county. All fees collected for the services of such appointed person shall407
be paid into the general funds of the county served; or408
(B) In the case of an individual who is under the age of 17 18 years, the juvenile court409
of the county of residence of the patient or the county in which the patient is found."410 23 LC 28 0594S
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SECTION 3-13.
411
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended412
by revising subsection (b) of Code Section 42-5-52, relating to classification and separation413
of inmates generally and placement of juvenile offenders, as follows:414
"(b) The department may establish separate correctional or similar institutions for the415
separation and care of juvenile offenders. The commissioner may transfer any juvenile416
under 17
18 years of age from the penal institution in which he or she is serving to the417
Department of Juvenile Justice, provided that the transfer is approved thereby. The418
juvenile may be returned to the custody of the commissioner when the commissioner of419
juvenile justice determines that the juvenile is unsuited to be dealt with therein. The420
commissioner may accept a juvenile for transfer into a penal institution upon the request421
of the commissioner of juvenile justice if such juvenile is 16 years of age or older and has422
been committed to the Department of Juvenile Justice for a class A designated felony act423
or class B designated felony act, as defined by Code Section 15-11-2, and such juvenile's424
behavior presents a substantial danger to any person at or within a Department of Juvenile425
Justice facility. In the event of such transfer, the department shall have the same authority426
over and responsibility for such juvenile as the Department of Juvenile Justice has for such427
juvenile and shall maintain sight and sound separation as set forth in paragraph (5) of428
subsection (c) of Code Section 15-11-504."429
SECTION 3-14.430
Said title is further amended by revising paragraph (7) of Code Section 42-7-2, relating to431
definitions, as follows:432
"(7) 'Youthful offender' means any male offender who is at least 17 18 but less than 25433
years of age at the time of conviction and who in the opinion of the department has the434
potential and desire for rehabilitation."435 23 LC 28 0594S
H. B. 462 (SUB)
- 19 -
SECTION 3-15.
436
Said title is further amended by revising subsection (b) of Code Section 42-8-35.1, relating437
to probation boot camp unit as special alternative incarceration, as follows:438
"(b) Before a court may place such condition upon the sentence, an initial investigation439
shall be completed by the officer which indicates that the probationer is qualified for such440
treatment in that the individual does not appear to be physically or mentally disabled in a441
way that would prevent him or her from strenuous physical activity, that the individual has442
no obvious contagious diseases, that the individual is not less than 17
18 years of age nor443
more than 30 years of age at the time of sentencing, and that the Department of Corrections444
has granted provisional approval of the placement of the individual in the special445
alternative incarceration—probation boot camp unit."446
SECTION 3-16.447
Said title is further amended by revising subsection (b) of Code Section 42-8-35.4, relating448
to confinement in probation detention center, as follows:449
"(b) The court shall determine that the defendant is at least 17 18 years of age at the time450
of sentencing."451
SECTION 3-17.452
Said title is further amended by revising paragraph (4) of Code Section 42-12-3, relating to453
definitions for the "Prison Litigation Reform Act of 1996," as follows:454
"(4) 'Prisoner' means a person 17 18 years of age or older who has been convicted of a455
crime and is presently incarcerated or is being held in custody awaiting trial or456
sentencing."457 23 LC 28 0594S
H. B. 462 (SUB)
- 20 -
SECTION 3-18.
458
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended459
by revising paragraph (6) of subsection (b) of Code Section 49-4A-2, relating to the Board460
of Juvenile Justice created, appointments, terms, vacancies, chairperson, per diem and461
expenses, and responsibilities and rules, as follows:462
"(6) Adopt rules and regulations governing the transfer of children who are at least 17
18463
years of age and are released from restrictive custody due to an adjudication for a Class464
A designated felony act or Class B designated felony act, as such terms are defined in465
Code Section 15-11-2, to the Department of Community Supervision to ensure balanced466
attention to the protection of the community, the imposition of accountability, and the467
development of competencies to enable each child to become a responsible and468
productive member of the community, taking into consideration a child's level of469
participation in the department's educational, vocational, and other services prior to such470
release."471
SECTION 3-19.472
Said title is further amended by revising subsection (e) of Code Section 49-4A-9, relating to473
the sentence of youthful offenders, modification of order, review, and participation in474
programs, as follows:475
"(e) Any child under 17 18 years of age who is sentenced in the superior court and476
committed to the department may be eligible to participate in all juvenile detention facility477
programs and services including community work programs, sheltered workshops, special478
state sponsored programs for evaluation and services under the Georgia Vocational479
Rehabilitation Agency and the Department of Behavioral Health and Developmental480
Disabilities, and under the general supervision of juvenile detention facility staff at special481
planned activities outside of the juvenile detention facility. When such a child sentenced482
in the superior court is approaching his or her seventeenth eighteenth birthday, the483 23 LC 28 0594S
H. B. 462 (SUB)
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department shall notify the court that a further disposition of the child is necessary. The
484
department shall provide the court with information concerning the participation and485
progress of the child in programs described in this subsection. The court shall review the486
case and determine if the child, upon becoming 17
18 years of age, should be placed on487
probation, have his or her sentence reduced, be transferred to the Department of488
Corrections for the remainder of the original sentence, or be subject to any other489
determination authorized by law."490
SECTION 3-20.491
Said title is further amended by revising subsection (q) of Code Section 49-5-12, relating to492
licensing and inspection of child welfare agencies, standards, revocation or refusal of license,493
penalties, and violations, as follows:494
"(q) No person, official, agency, hospital, maternity home, or institution, public or private,495
in this state shall receive or accept a child under 17 18 years of age for placement or496
adoption or place such a child, either temporarily or permanently, in a home other than the497
home of the child's relatives without having been licensed or commissioned by the498
department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this499
subsection shall be punishable by a fine of not less than $500.00 nor exceeding $1,000.00500
for each offense. Nothing in this Code section shall be construed to prohibit a properly501
licensed attorney at law from providing necessary legal services and counsel to parties502
engaged in or contemplating adoption proceedings. Nothing in this Code section shall be503
construed to prohibit an individual seeking to:504
(1) Adopt a child or children from receiving or accepting a child or children in the505
individual's home in anticipation of filing a petition for adoption under Article 1 of506
Chapter 8 of Title 19; or507
(2) Have that individual's child or children placed for adoption from placing that508
individual's child or children in the home of an individual who is not related to the child509 23 LC 28 0594S
H. B. 462 (SUB)
- 22 -
or children in anticipation of the individual's initiation of adoption proceedings pursuant
510
to Article 1 of Chapter 8 of Title 19."511
SECTION 3-21.512
Said title is further amended by revising paragraph (1) of Code Section 49-5-90, relating to513
definitions, as follows:514
"(1) 'Child in care' means any person under the age of 17
18 years who has been admitted515
to, is cared for, or resides in a facility."516
PART IV517
SECTION 4-1.518
(a) This part and Part I of this Act shall become effective upon their approval by the519
Governor or upon their becoming law without such approval.520
(b) Parts II and III of this Act shall become effective January 1, 2025, provided that the521
funds necessary for the implementation of those parts in the 2024-2025 fiscal year are522
contained in specific line item appropriations in the General Appropriations Act for the523
2024-2025 fiscal year. The determination of whether such specific line item appropriations524
are contained in the General Appropriations Act for the 2024-2025 fiscal year shall be made525
by the cochairpersons of the implementation committee provided for in Code526
Section 15-11-42. If such specific line item appropriations are not contained in the General527
Appropriations Act for the 2024-2025 fiscal year, then Parts II and III of this Act shall not528
become effective on January 1, 2025, but shall be deferred until specific line item529
appropriations for implementation of such parts are contained in a General Appropriations530
Act. If such funding is provided for in a subsequent General Appropriations Act and the531
cochairpersons of the implementation committee provided for in Code Section 15-11-42532
certify that such funding exists, such parts shall become effective on January 1 of such fiscal533 23 LC 28 0594S
H. B. 462 (SUB)
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year. If such funding is not made available by January 1, 2030, then such parts shall be
534
repealed by operation of law on January 1, 2030.535
SECTION 4-2.536
All laws and parts of laws in conflict with this Act are repealed.537