Chapter 97-5
Unless a different meaning is required by the context, the
following terms as used in these rules and regulations shall have the meaning
hereinafter respectively ascribed to them:
| (a) |
"DJJ" means the Department of Juvenile
Justice. |
| (b) |
"DCS" means the
Department of Community Supervision. |
| (c) |
"Delinquent child or youth" means any
person so adjudged under Article 1 of Chapter 11 of Title 15. |
| (d) |
"Restrictive custody" means in the
custody of the Department for purposes of housing in a secure residential
facility or nonsecure residential facility. |
| (e) |
"Class A designated felony act" means a
delinquent act committed by a child 13 years or older which, if committed by an
adult, would be one or more of the specific crimes listed in O.C.G.A. § 15-11-2(12). |
| (A) |
No child's community supervision shall
transfer to the DCS, unless all of the following criteria have been met:
| (1) |
The child is 17 years of age or older,
adjudicated delinquent for a Class A designated felony act, and has been
released from restrictive custody by DJJ; |
| (2) |
The child is not amenable to treatment
and programming services offered by DJJ; |
| (3) |
The child has not made substantial
progress towards treatment and service plan objectives; and |
| (4) |
The child has not completed academic
goals as outlined in the individualized program of study. |
|
| (B) |
In determining whether to transfer a
child, DJJ shall give balanced attention towards the protection of the
community, the imposition of accountability, and the development of
competencies to enable each child to become a responsible and productive member
of the community. |
