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2021 Georgia Code
Title 42 - Penal Institutions
Chapter 7 - Treatment of Youthful Offenders
§ 42-7-2. Definitions

Universal Citation: GA Code § 42-7-2 (2021)
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As used in this chapter, the term:

  1. "Board" means the Board of Corrections.
  2. "Commissioner" means the commissioner of corrections.
  3. "Conviction" means a judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere in a felony case but excludes all judgments upon criminal offenses for which the maximum punishment provided by law is death or life imprisonment.
  4. "Court" means any court of competent jurisdiction other than a juvenile court.
  5. "Department" means the Department of Corrections.
  6. "Treatment" means corrective and preventative incarceration, guidance, and training designed to protect the public by correcting the antisocial tendencies of youthful offenders, which may include but is not limited to vocational, educational, and other training deemed fit and necessary by the department.
  7. "Youthful offender" means any male offender who is at least 17 but less than 25 years of age at the time of conviction and who in the opinion of the department has the potential and desire for rehabilitation.

(Ga. L. 1972, p. 592, § 2; Ga. L. 1973, p. 581, § 1; Ga. L. 1975, p. 900, § 1; Ga. L. 1985, p. 420, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, following the passage of Ga. L. 1985, p. 420, "Corrections" was substituted for "Offender Rehabilitation" and "corrections" was substituted for "offender rehabilitation".

JUDICIAL DECISIONS

"Youthful offender."

- Defendant previously convicted of burglaries committed when the defendant was 16 years of age could not have been prosecuted under the Georgia Youthful Offender Act of 1972 (Act), O.C.G.A. § 42-7-1 et seq., because that Act applied to offenders who were at least 17 years of age. Smith v. State, 266 Ga. App. 111, 596 S.E.2d 230 (2004).

Cited in White v. State, 137 Ga. App. 9, 223 S.E.2d 24 (1975); Carrindine v. Ricketts, 236 Ga. 283, 223 S.E.2d 627 (1976); Duncan v. State, 148 Ga. App. 685, 252 S.E.2d 190 (1979).

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