Select a different bill

HB 1225 - Juvenile proceedings; interim control or detention; change provisions

Tracking Level: Monitor
Sponsor: Willard,Wendell 49th
Last Action: 2/20/2008 - House Second Readers
House Committee: JudyNC
Assigned To:
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

This bill amends Part 5 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to arrest and detention in juvenile proceedings. It changes provisions relating to when interim control or detention of accused children is permitted. HB 1225 provides for use of a risk assessment instrument for the purpose of determining secure detention.

Secure detention shall only be used when less restrictive interim placement alternatives prior to adjudication and disposition are not appropriate. It is the intent that the decision to detain a child be based upon a prudent assessment of risk and secure detention, which should be limited to situations where there is clear and convincing evidence that prior to adjudication or disposition a child presents (1) A risk of failing to appear; (2) A danger to himself or herself; or (3) A substantial risk of inflicting serious bodily harm on others. For the purpose of ensuring the child appears at subsequent court hearings, the imposition of interim control or detention of a child may be considered. A written risk assessment instrument selected by the Children and Youth Coordinating Council shall be used to determine when to impose interim control or detention. The written risk assessment instrument shall be used by the court to determine whether secure detention is necessary.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text