2021 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 6 - Delinquency
Part 9 - Transfers
§ 15-11-562. Transfer Criteria; Written Report

1. The criteria that the juvenile court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to superior court and the criteria that the superior court shall consider in determining whether to transfer any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code Section 15-11-560 includes, but shall not be limited to:
   1. The age of such child;
   2. The seriousness of the alleged offense, especially if personal injury resulted;
   3. Whether the protection of the community requires transfer of jurisdiction;
   4. Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner;
   5. The impact of the alleged offense on the alleged victim, including the permanence of any physical or emotional injury sustained, health care expenses incurred, and lost earnings suffered;
   6. The culpability of such child including such child's level of planning and participation in the alleged offense;
   7. Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system;
   8. The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements;
   9. The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living;
   10. The program and facilities available to the juvenile court in considering disposition; and
   11. Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court.
2. A probation officer, or community supervision officer, as applicable, shall prepare a written report developing fully all available information relevant to the transfer criteria. Such officer shall submit such report to the parties and the court as soon as practicable but not later than 24 hours before the scheduled hearing. The child subject to transfer and the prosecuting attorney shall have the right to review such report and cross-examine the individual making such report.
3. The court may order a transfer evaluation of a child's clinical status as it may impact the criteria in subsection (a) of this Code section. Statements made by a child in a transfer evaluation shall only be admissible into evidence in an adjudication hearing or in a criminal proceeding as provided by Code Sections 15-11-479 and 15-11-563.

(Code 1981, §15-11-562, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 422, § 5-14/HB 310; Ga. L. 2015, p. 540, § 1-14/HB 361; Ga. L. 2017, p. 500, § 2-4/SB 160.)

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 89 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

Transfer of the defendant's case was supported by evidence that it was in the community's interest, and the defendant failed to abide by the conditions of probation and continued to engage in criminal activity that escalated in severity. In the Interest of T. S., 336 Ga. App. 352, 785 S.E.2d 32 (2016).

Transfer order was appropriate after the juvenile court considered all the statutory factors and noted, inter alia, that the defendant juvenile had a history of stealing cars, stealing from stores, vandalizing property, smoking marijuana daily, associating with gang members, and scoring in the low range on the treatment amenability scale of the risk-sophistication-treatment inventory. In the Interest of K. S., 348 Ga. App. 440, 823 S.E.2d 536 (2019).

Trial court's conclusion that the defendant, a juvenile, would not benefit from further treatment and rehabilitative programs offered by the juvenile court was supported by evidence that the defendant had a history with the juvenile court system, had been through a majority of the juvenile court's rehabilitative programs, and the defendant continued to violate the conditions of probation by continuing to receive additional charges. In the Interest of C. M., 356 Ga. App. 368, 847 S.E.2d 374 (2020).

- Function of the Georgia Court of Appeals is limited to ascertaining whether there was some evidence to support the juvenile court's determination, and absent an abuse of discretion, the appellate court will affirm the order transferring jurisdiction. In the Interest of J. M. S., 334 Ga. App. 142, 778 S.E.2d 391 (2015), overruled on other grounds by In the Interest of J. H., 340 Ga. App. 733, 797 S.E.2d 185 (Ga. Ct. App. 2017).