1 | 1 | | 23 LC 48 0702 |
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2 | 2 | | H. B. 544 |
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3 | 3 | | - 1 - |
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4 | 4 | | House Bill 544 |
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5 | 5 | | By: Representatives Schofield of the 63 |
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6 | 6 | | rd |
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7 | 7 | | , Scott of the 76 |
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8 | 8 | | th |
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9 | 9 | | , Hutchinson of the 106 |
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10 | 10 | | th |
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11 | 11 | | , and |
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12 | 12 | | Davis of the 87 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Code Section 15-11-503 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | detention decision and findings, so as to prohibit the use of solitary confinement for punitive2 |
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20 | 20 | | purposes in juvenile detention facilities; to provide for a definition; to provide for related3 |
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21 | 21 | | matters; to repeal conflicting laws; and for other purposes.4 |
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22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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23 | 23 | | SECTION 1.6 |
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24 | 24 | | Code Section 15-11-503 of the Official Code of Georgia Annotated, relating to detention7 |
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25 | 25 | | decision and findings, is amended by adding a new subsection to read as follows:8 |
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26 | 26 | | "(a.1)(1) As used in this Code section, 'solitary confinement' means the involuntary |
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27 | 27 | | 9 |
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28 | 28 | | placement of a child in detention who is alone in a cell, room, or other area, except during10 |
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29 | 29 | | regularly scheduled sleeping hours, including but not limited to any behavioral11 |
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30 | 30 | | intervention, seclusion, isolation, segregation, administrative convenience, or room12 |
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31 | 31 | | confinement, in response to rule violations or staffing shortages or for any other reason13 |
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32 | 32 | | that is not an emergency response to behavior that poses a serious and immediate threat14 |
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33 | 33 | | of bodily harm to the child or others.15 23 LC 48 0702 |
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34 | 34 | | H. B. 544 |
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35 | 35 | | - 2 - |
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36 | 36 | | (2) A child shall not be placed in solitary confinement for the purpose of discipline,16 |
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37 | 37 | | punishment, administrative convenience, retaliation, protective custody, suicide17 |
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38 | 38 | | intervention, or general behavior management that is not an emergency response to a18 |
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39 | 39 | | serious and immediate threat of bodily harm to the child or others or in response to rule19 |
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40 | 40 | | violations or staffing shortages or for any other reason that is not an emergency response20 |
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41 | 41 | | to behavior that poses a serious and immediate threat of bodily harm to the child or21 |
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42 | 42 | | others."22 |
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43 | 43 | | SECTION 2.23 |
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44 | 44 | | All laws and parts of laws in conflict with this Act are repealed.24 |
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