If a court finds that a youthful offender might benefit from this chapter, the court may recommend that a young offender be treated as a youthful offender by indicating the recommendation in writing in the sentence itself. When the judge has recommended in the sentence that a person be given youthful offender treatment, release may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45. After the offender is evaluated, the department will make the decision concerning the placement of the offender.
(Code 1981, §42-7-8, enacted by Ga. L. 1985, p. 420, § 1.)
Cross references.- Sentence and punishment generally, T. 17, C. 10.
Punishment of misdemeanor first offenders, § 17-10-3.
Law reviews.- For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided 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 annotations for this Code section. See the editor's notes under the Chapter 7 heading.
Failure to sentence youth.
- Testimony that the appellant had been drinking, cursing, wagering, and carrying an offensive weapon is sufficient evidence to show that the trial court did not abuse the court's discretion when the court failed to sentence the appellant under the Youthful Offender Act. Beasley v. State, 161 Ga. App. 737, 288 S.E.2d 759 (1982) (decided under former law).
Limiting duration of sentence.
- Sentencing court did not have authority to limit duration of sentence under the former chapter to less than six years and sentence for indefinite period not to exceed three years was therefore void. DeFrancis v. Thompson, 239 Ga. 785, 239 S.E.2d 14 (1977) (decided under former law).
Finding of benefit to defendant.
- It was not necessary for the trial court to make a specific affirmative finding before sentencing that a defendant would receive "no benefit" the former chapter. Woods v. State, 233 Ga. 347, 211 S.E.2d 300 (1974), appeal dismissed, 422 U.S. 1002, 95 S. Ct. 2623, 45 L. Ed. 2d 667 (1975) (decided under former law).
Termination of custody by Department of Human Resources.
- Former statute seemed both to accept the view that the Department of Human Resources loses the right to custody at age 17 and that the most suitable place of incarceration was in the Youthful Offender Division of the Department of Offender Rehabilitation (Corrections). Carrindine v. Ricketts, 236 Ga. 283, 223 S.E.2d 627 (1976).
Cited in England v. Bussiere, 237 Ga. 814, 229 S.E.2d 655 (1976); Crowley v. State, 141 Ga. App. 867, 234 S.E.2d 700 (1977); Duncan v. State, 148 Ga. App. 685, 252 S.E.2d 190 (1979).
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 annotations for this Code section. See the editor's notes under the Chapter 7 heading.
Discretion of division in computing length of incarceration.- Inmate sentenced under the former chapter receives indeterminate sentence in custody of Youthful Offender Division of Department of Offender Rehabilitation (Corrections). The division was accorded a great deal of discretion in computing the length of time such an offender shall be incarcerated. 1981 Op. Att'y Gen. No. 81-62 (decided under former law).
Transfer of and computation of offender's term of custody.- A 16-year-old originally committed to the Department of Human Resources may be transferred on the youth's seventeenth birthday to the Department of Corrections by order of the committing court under the provisions of the former chapter; the offender's term of custody should be computed from the date of the offender's original conviction. 1975 Op. Att'y Gen. No. 75-47 (decided under former law).
Effect of language order.- Court order transferring a 17-year-old to the custody of the Department of Corrections is merely a modification of the offender's sentence pursuant to a prior judgment of conviction on a verdict of guilty; therefore, the offender's period of custody should be computed from the date of the offender's original conviction. 1975 Op. Att'y Gen. No. 75-47 (decided under former law).
Requirement to commit as youthful offender.- When a committing court has expressed the court's intention in writing to commit an individual as a youthful offender, the youth has been effectively transferred to the custody of the department. 1975 Op. Att'y Gen. No. 75-47 (decided under former law).
Placement of kidnapping offenders.- Kidnapping, not being punishable by death or imprisonment for life, is not an offense which requires the offender under 17 years of age to be placed in the sole custody of the Department of Offender Rehabilitation (Corrections); when the offender under 17 years of age is convicted of kidnapping for ransom or kidnapping in which the victim receives bodily injury, both being offenses punishable by life imprisonment or death, the youthful offender shall only be sentenced into the custody of the department. 1975 Op. Att'y Gen. No. 75-73 (decided under former law).