2021 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 1 - General Provisions
§ 15-11-34. Commitment to Adult Correctional Facility Prohibited
Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime.
(Code 1981, §15-11-34, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)
Cross references.- Authority of Department of Corrections to establish separate correctional institutions for the care of juvenile offenders, § 42-5-52.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2401, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.
Commitment to Department of Corrections permitted.
- Commitment of a juvenile to the Department of Corrections was not violative of the former provisions. A.B.W. v. State, 129 Ga. App. 346, 199 S.E.2d 636 (1973), aff'd, 231 Ga. 699, 203 S.E.2d 512 (1974) (decided under former Code 1933, § 24A-2401)).
Commitment of delinquent to rehabilitation or treatment facilities.
- Commitment of a delinquent child under the Juvenile Code to a facility operated under the direction of the juvenile court, or to another local public authority, or to the Division of Children and Youth (now Division of Youth Services) or to the Department of Corrections is for essentially the purpose of rehabilitation or treatment. A.B.W. v. State, 231 Ga. 699, 203 S.E.2d 512 (1974) (decided under former Code 1933, § 24A-2401)).
Transfer delay violated due process and legislative intent.
- Forty days commitment to an adult imprisonment facility is not a "reasonably short time," and such delay in transferring a juvenile to a Department of Human Resources facility violates due process as well as the legislative intent of the former provisions. Long v. Powell, 388 F. Supp. 422 (N.D. Ga.), vacated on other grounds, 423 U.S. 808, 96 S. Ct. 18, 46 L. Ed. 2d 28 (1975) (decided under former Code 1933, § 24A-2401).
Cited in In the Interest of G. R. B., 330 Ga. App. 693, 769 S.E.2d 119 (2015).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-2401, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.
Effect of commitment to Department of Corrections.- If the court commits a youth to the Department of Corrections, the youth may be confined in one of that department's facilities because the Juvenile Code's prohibition against the incarceration of delinquent and unruly juveniles would not apply. 1975 Op. Att'y Gen. No. 75-98 (decided under former Code 1933, § 24A-2401).
Custody properly in Department under provisions of criminal sentence.- Department of Corrections properly has custody of an individual under the provisions of a criminal sentence which was imposed subsequent to an unexpired order of commitment; at the expiration of the criminal sentence alternative arrangements for custody should be made for the remainder of the term of commitment. 1975 Op. Att'y Gen. No. 75-20 (decided under former Code 1933, § 24A-2401).
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 56 et seq., 110 et seq.
C.J.S.- 43 C.J.S., Infants, § 224 et seq.
U.L.A.- Uniform Juvenile Court Act (U.L.A.) § 33.
