2021 Georgia Code
Title 42 - Penal Institutions
Chapter 7 - Treatment of Youthful Offenders

- Judicial proceedings involving juveniles, T. 15, C. 11.

Disposition of dependent child, as that term is defined, § 15-11-212.

Powers and duties of Department of Human Resources regarding children and youth services, § 49-5-1 et seq.

- Ga. L. 1985, p. 420, effective March 27, 1985, repealed the Code sections formerly codified at this chapter and enacted the current chapter. The former chapter, which also dealt with treatment of youthful offenders, consisted of Code Sections 42-7-1 through 42-7-16. The former chapter also created the Youthful Offender Division of the Department of Offender Rehabilitation (now Department of Corrections) and described that former division's powers and duties. While several provisions of Code sections of the former chapter were carried forward into the new chapter (see historical citations in this chapter), the following Acts formed the basis of Code sections which were not carried forward: Ga. L. 1972, p. 592, §§ 3, 4, 5, 6, 7, 13, 14; Ga. L. 1975, p. 900, §§ 2, 7; Ga. L. 1978, p. 922, § 1; Ga. L. 1985, p. 149, § 42; Ga. L. 1985, p. 283, § 1.

Ga. L. 1985, p. 420, § 2, not codified by the General Assembly, provided that that Act would not operate to deny any rights to any youthful offender currently on probation pursuant to the "Georgia Youthful Offender Act of 1972," but any such person would remain on probation subject to any conditions as previously specified.

Ga. L. 1998, p. 270, § 13, not codified by the General Assembly, provides: "The General Assembly recognizes that criminal street gangs have succeeded at times in maintaining their structure, organization, and discipline in penal institutions and have continued to conduct criminal activities while incarcerated. Therefore, the General Assembly requests and encourages state and local officials with responsibility for the operation of adult and juvenile penal institutions and related facilities to develop policies and procedures which will identify members of criminal street gangs and, where necessary, to separate members and associates of the same criminal street gang in order that such gang members cannot maintain the gang's structure, organization, and discipline and will have a more difficult time in conducting criminal activities while incarcerated in this state."

JUDICIAL DECISIONS

Effect of previous conviction under this chapter.

- O.C.G.A. Ch. 7, T. 42 contains significantly different provisions than the First Offender Act (O.C.G.A. § 42-8-60 et seq.); specifically, the chapter does not authorize the discharge of a felony conviction and such conviction under the chapter may serve as a predicate for sentencing under O.C.G.A. § 17-10-7. Lazenby v. State, 221 Ga. App. 148, 470 S.E.2d 526 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under former Chapter 7 of this title, relating to the powers and duties of the former Youthful Offender Division of the Department of Offender Rehabilitation (now Department of Corrections) are included in the opinions for this chapter. See the Editor's notes under the Chapter 7 heading.

- Inmate sentenced under Ga. L. 1972, p. 592, § 1 (see now O.C.G.A. ch. 7, T. 42) may also be classified as a habitual offender under Ga. L. 1980, p. 2002, § 1 for purposes of sentence computation. Further, in the rare case where a youthful offender is also classified as a habitual offender, earned-time adjustment for habitual offenders should be used in computing the offender's unconditional release date. 1981 Op. Att'y Gen. No. 81-62.

- When a youthful offender's conditional release is revoked, and the youth is not returned to the youthful offender program, the youth's status as a youthful offender is terminated and the youth's sentence should be computed on the basis of six years or the maximum term for the offense, if less than six years. 1975 Op. Att'y Gen. No. 75-127.

When a combination of youthful offender and standard sentences occur, the Youthful Offender Division may not approve a conditional or unconditional release for the described youthful offender until the youth's concurrent standard sentence had expired; nevertheless, the youth could be assigned to an institution maintained primarily for youthful offenders during the entire period for which the board was charged with custody over the youth, since Ga. L. 1956, p. 161 (see now O.C.G.A. §§ 42-5-50(b) and42-5-51(b), (d)) empowered the board to assign inmates to any institution within its system, and further other statutory provisions authorized the director (now commissioner) of corrections to segregate youthful offenders from other prisoners. 1973 Op. Att'y Gen. No. 73-82.

- Youthful offenders can earn good-time credit toward the reduction of the youth's period of confinement to the extent provided in Ga. L. 1972, p. 592, § 1 (see now O.C.G.A. Ch. 7, T. 42). 1975 Op. Att'y Gen. No. 75-50.

RESEARCH REFERENCES

ALR.

- Sex discrimination in treatment of jail or prison inmates, 12 A.L.R.4th 1219.