15-11-70
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15-11-70.
(a)
Except as provided in subsection (b) of this Code section, an order of
disposition committing a delinquent or unruly child to the Department of
Juvenile Justice continues in force for two years or until the child is sooner
discharged by the Department of Juvenile Justice. The court which made the
order may extend its duration for an additional two years subject to like
discharge, if:
(1)
A hearing is held upon motion of the Department of Juvenile Justice prior to the
expiration of the order;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and an
opportunity to be heard are given to the child and the parent, guardian, or
other custodian; and
(3)
The court finds that the extension is necessary for the treatment or
rehabilitation of the child.
(b)
If the court commits a delinquent child to the Department of Juvenile Justice
for a delinquent act which if done by an adult would be the crime of murder,
then the
court́s
commitment may continue until the
child́s
twenty-first birthday. The court shall determine whether any or all of the
child́s
commitment should include an order for restrictive custody by making specific
written findings of fact using the elements set forth in paragraphs (1) through
(5) of subsection (c) of Code Section 15-11-63. Any child committed to the
Department of Juvenile Justice under the provisions of this subsection shall not
be released from confinement or discharged from the custody of the Department of
Juvenile Justice unless a motion for early release is granted by the court. The
court which made the order of commitment may shorten the duration of its order
if:
(1)
A hearing is held prior to the expiration of the order upon motion of a party or
on the
court́s
own motion;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and an
opportunity to be heard are given to the parties affected; and
(3)
The court finds that the discharge is necessary to accomplish the purposes of
the original order and for the treatment or rehabilitation of the child.
(c)
Except as provided in subsection (b) of this Code section, any other order of
disposition in a proceeding involving delinquency or unruliness, except an order
involving the appointment of a guardian of the person or property of a child,
continues in force for not more than two years. The court may sooner terminate
its order or extend its duration for further periods. An order of extension may
be made if:
(1)
A hearing is held prior to the expiration of the order upon motion of a party or
on the
court́s
own motion;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and
opportunity to be heard are given to the parties affected;
(3)
The court finds that the extension is necessary to accomplish the purposes of
the order extended; and
(4)
The extension does not exceed two years from the expiration of the prior order.
(d)
The court may terminate an order of disposition of a child adjudicated as
delinquent or unruly or an extension of such a disposition order prior to its
expiration, on or without an application of a party, if it appears to the court
that the purposes of the order have been accomplished.
(e)
Unless otherwise provided by law, when a child who has been adjudicated as
delinquent or unruly reaches 21 years of age all orders affecting him or her
then in force terminate and he or she is discharged from further obligation or
control.