Definitions

As used in this chapter, the term: (1) “Board” means the Board of Juvenile Justice. (2) “Child in need of services” means any child so adjudged under Article 5 of Chapter 11 of Title 15. (3) “Commissioner” means the commissioner of juvenile justice. (4) “Delinquent child” means any child so adjudged under Article 6 of Chapter 11 of Title 15. (5) “Department” means the Department of Juvenile Justice. (6) “Detention assessment” means an actuarial tool, approved by 180 49-4A-1 the board and validated on a targeted population, used to make detention decisions and that identifies and calculates specific factors that are likely to indicate a child’s risk to public safety pending adjudication and the likelihood that such child will appear for juvenile proceedings for the act causing the detention decision to be made. (7) “Evidence based programs or practices” means programs, practices, procedures, and policies that scientific research demonstrates a likelihood to prevent or reduce juvenile delinquency or recidivism. (8) “Juvenile detention facility” means hardware secure residential institutions or community residential locations operated by or on behalf of the department and may include youth development centers, regional youth detention centers, group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (9) “Recidivism” means a conviction or adjudication of delinquency for an offense or crime committed within three years of being placed on probation or being discharged or released from a juvenile detention facility. (10) “Risk and needs assessment” means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child’s likelihood of recidivating and identifies criminal risk factors that, when properly addressed, can reduce such child’s likelihood of recidivating. (11) “Risk assessment” means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child’s likelihood of recidivating. History. Code 1981, § 49-4A-1, enacted by Ga. L. 1992, p. 1983, § 24; Ga. L. 1997, p. 1453, § 4; Ga. L. 2013, p. 294, § 3-1/HB 242. Editor’s notes. Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.” 181 49-4A-2 49-4A-2. Board of Juvenile Justice created; membership; appointment; terms; chairperson; duties. (a)(1) There is created a Board of Juvenile Justice which shall establish the general policy to be followed by the Department of Juvenile Justice created in this chapter. The Board of Juvenile Justice shall be the successor entity to the Board of Children and Youth Services and the change is intended to be one of name only. The board shall consist of 15 members, with at least one but not more than two from each congressional district in the state, appointed by the Governor and confirmed by the Senate. The Governor shall make such appointments with a view toward achieving minority representation, representation of women, and equitable geographic representation on the board. (2) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; three members shall be appointed for three years; three members shall be appointed for four years; and three members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. (3) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (4) There shall be a chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (5) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. (b) The board shall: (1) Provide leadership in developing programs to successfully rehabilitate delinquent children committed to the state’s custody; (2) Provide technical assistance to private and public entities for prevention programs for children at risk; (3) Ensure that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake per182 49-4A-2 sonnel and courts are developed in consultation with the Governor’s Office for Children and Families, the Criminal Justice Coordinating Council, and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years; (4) Adopt rules and regulations governing the management and treatment of children committed to the department to ensure that evidence based programs or practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to placing a committed child in a facility or into the community, preparing a child’s release into the community, and managing children probationers in the community; (5) Require the department to collect and analyze data and performance outcomes, including, but not limited to, data collected and maintained pursuant to subsection (n) of Code Section 49-4A-8 and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Judiciary Non-civil and the Senate Judiciary Committee; and (6) Adopt rules and regulations governing the transfer of children who are at least 17 years of age and are released from restrictive custody due to an adjudication for a Class A designated felony act or Class B designated felony act, as such terms are defined in Code Section 15-11-2, to the Department of Community Supervision to ensure balanced attention to 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, taking into consideration a child’s level of participation in the department’s educational, vocational, and other services prior to such release. (c) The board shall perform duties required of it by this chapter and shall, in addition thereto, be responsible for promulgation of all rules and regulations not in conflict with this chapter that may be necessary and appropriate to the administration of the department, to the accomplishment of the purposes of this chapter, and to the performance of the duties and functions of the department as set forth in this chapter. (d) The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative 183 49-4A-3 program provided for by this chapter and to restore and build up the self-respect and self-reliance of children and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment. History. Code 1981, § 49-4A-2, enacted by Ga. L. 1992, p. 1983, § 24; Ga. L. 1997, p. 1453, § 5; Ga. L. 2013, p. 294, § 3-2/HB 242; Ga. L. 2014, p. 866, § 49/SB 340; Ga. L. 2015, p. 890, § 6/HB 263; Ga. L. 2016, p. 443, § 12-1/SB 367.