Probation Revocation; Procedure

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Delinquency
  6. Disposition
  7. Probation Revocation; Procedure

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  1. An order granting probation to a child adjudicated for a delinquent act may be revoked on the ground that the conditions of probation have been violated.
  2. Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in the court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation.
  3. The motion for revocation of probation shall be served upon the child serving the probated sentence, his or her attorney, and his or her parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-531.
  4. If a child serving a probated sentence is taken into custody because of an alleged violation of probation, the provisions governing the detention of a child shall apply.
  5. A revocation hearing shall be scheduled to be held no later than 30 days after the filing of such motion or, if a child has been detained as a result of the filing of such motion for revocation, not later than ten days after the filing of the motion.
  6. If the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation, the court may:
    1. Extend probation;
    2. Impose additional conditions of probation; or
    3. Make any disposition that could have been made at the time probation was imposed.
  7. In the case of a class A designated felony act or class B designated felony act, if the court finds that a child violated the terms and conditions of probation, the court shall reconsider and make specific findings of fact as to each of the factors in subsection (b) of Code Section 15-11-602 to determine whether placement in restrictive custody.
  8. In the case of a class A designated felony act or class B designated felony act, if the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation and revokes the order granting probation, the child shall be given credit for time served on probation and time served in preadjudication custody.

(Code 1981, §15-11-608, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Infants, § 51. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 113 et seq.

C.J.S.

- 43 C.J.S., Infants, § 245 et seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 37.

PART 13 PERMANENCY PLANNING FOR DELINQUENT AND DEPENDENT CHILDREN

15-11-620. Calculating time when child is delinquent and dependent.

  1. When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier.
  2. When a child is alleged to have committed a delinquent act and is placed directly in a nonsecure residential facility, the date such child is considered to have entered foster care shall be 60 days after the date on which such child is removed from his or her home.
  3. If a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in foster care within 60 days of such child's removal from the home, then the date of entry into foster care shall be 60 days after the date of removal.
  4. When a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in a nonsecure residential facility within 60 days of such child's removal from the home, the date such child is considered to have entered foster care shall be 60 days from the date on which such child is removed from his or her home.
  5. If a child is detained in a facility operated primarily for the detention of delinquent children pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date such child is placed in foster care.
  6. When a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children and remains detained for more than 60 days and such child is subsequently placed in a nonsecure residential facility, the date such child is considered to have entered foster care shall be the date such child was placed in a nonsecure residential facility.

(Code 1981, §15-11-620, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 34, § 1-2/SB 365.)

Law reviews.

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 25 (2014).


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