Bill Text: GA SB105 | 2011-2012 | Regular Session | Introduced

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Bill Title: Juvenile Justice, Dept. of; provide for parole of children committed for commission of designated felony acts; certain circumstances

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-02-17 - Senate Read and Referred [SB105 Detail]

Download: Georgia-2011-SB105-Introduced.html

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11 LC 29 4506

Senate Bill 105

By: Senators Jones of the 10th, Butler of the 55th, Sims of the 12th, Tate of the 38th, Crosby of the 13th and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to provide for parole of children committed to the department for the commission of designated felony acts under certain circumstances; to provide for definitions; to change provisions relating to the Department of Juvenile Justice and the Board of Juvenile Justice, including powers and duties; to change provisions relating to the commitment of delinquent or unruly children; to establish juvenile parole panels; to provide for general duties of the Board of Juvenile Justice and commissioner of juvenile justice relative to parole of certain juveniles; to provide for procedure and information to be considered in determining parole; to provide for the procedure for revocations of parole, preliminary hearings, and final hearings; to restrict the Governor's powers relative to granting juvenile parole; to provide for annual reports; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to modification or vacation of orders; to change provisions relating to designated felony acts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by revising Code Section 49-4A-1, relating to definitions for the chapter, as follows:

"49-4A-1.

As used in this chapter, the term:

(1) 'Board' means the Board of Juvenile Justice.

(2) 'Commissioner' means the commissioner of juvenile justice.

(3) 'Delinquent or unruly child or youth' means any person so adjudged under Article 1 of Chapter 11 of Title 15.

(4) 'Department' means the Department of Juvenile Justice.

(5) 'Designated felon' means a youth who has been committed to the department for the commission of a designated felony act.

(6) 'Designated felony act' shall have the same meaning as set forth in Code Section 15-11-63.

(7) 'Panel' means the juvenile parole panel.

(8) 'Parole' means a conditional release from the commitment to the department which allows a designated felon to serve the remainder of his or her commitment outside of an institution or facility operated by the department, contingent upon compliance with the terms and conditions of parole as established by the panel."

SECTION 2.

Said chapter is further amended by revising subsection (b) of Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice, as follows:

"(b) The department shall provide for supervision, detention, parole, and rehabilitation of juvenile delinquents committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for juveniles at risk. Additionally, the department will shall be authorized to provide for specialized treatment for juvenile offenders, in lieu of commitment, who have been found to be sex offenders or drug abusers and who may have behavior disorders. The department's organization, operation, and implementation shall be based on the following:

(1) Development of a comprehensive continuum of service options through flexible funding to allow providers to respond to the unique needs and capabilities of individual children and families;

(2) Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads;

(3) Services shall be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families;

(4) Systems that are accountable, with desired outcomes specified, results measured and evaluated, and cost-efficient options maximized;

(5) Intersystem communication and collaboration that are encouraged and facilitated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated;

(6) The department shall be consumer driven and responsive to the changing needs of individual communities; and

(7) The department shall encourage the central location of various services whenever possible."

SECTION 3.

Said chapter is further amended by revising subsection (a) of Code Section 49-4A-6, relating to the Board of Juvenile Justice's rules and regulations, as follows:

"(a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and regulations for the government and operation of the department and panel as the board may deem necessary consistent with the provisions of this chapter."

SECTION 4.

Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 49-4A-7, relating to the powers and duties of the Department of Juvenile Justice, as follows:

"(2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 of Chapter 11 of Title 15 and to provide parole services for children and youth pursuant to a panel's granting of parole;"

SECTION 5.

Said chapter is further amended by revising subsection (b) of Code Section 49-4A-7, relating to the powers and duties of the Department of Juvenile Justice, by striking "and" at the end of paragraph (4), by striking the period and inserting in its place "; and" at the end of paragraph (5), and by adding a new paragraph (6) to read as follows:

"(6) The right to parole a child or youth if a panel determines that parole is appropriate."

SECTION 6.

Said chapter is further amended by revising subsections (d) through (e.1), (g), (i), and (j) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows:

"(d)(1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the child and investigate all pertinent circumstances of his or her life and behavior. The department shall make periodic reexaminations of all delinquent or unruly children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the department considers desirable and shall be made with respect to every child at intervals not exceeding one year. Failure of the department to examine a delinquent or unruly child committed to it or to reexamine him or her within one year of a previous examination shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of discharge or if appropriate, petition a panel for discharge pursuant to Code Section 15-11-63.1; and the court shall discharge him or her unless the department, upon due notice, satisfies the court of the necessity of further control.

(2) The department shall keep written records of all examinations and reexaminations, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles.

(e) Except as provided by subsection (e.1) of this Code section and subsection (b) of Code Section 15-11-70, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the child's care and treatment has been completed, the department may:

(1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior;

(2) Order the child's confinement under such conditions as the department may believe best designed to serve the child's welfare and as may be in the best interest of the public;

(3) Order reconfinement or renewed release as often as conditions indicate to be desirable;

(4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or

(5) Discharge the child from control of the department pursuant to subsection (a) of Code Section 15-11-70 when it is satisfied that such discharge will best serve the child's welfare and the protection of the public.

(e.1)(1) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-63 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody.

(2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection.

(3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent or designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled.

(4) As long as a good faith attempt to comply with paragraph (3) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide notice required by paragraph (3) of this subsection."

"(g)(1) When funds are available, the department may:

(1)(A) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it;

(2)(B) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and

(3)(C) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become reestablished in the community and to lead socially acceptable lives.

(2) The department shall establish aftercare supervision to children granted parole to assist them to become reestablished in the community and to lead socially acceptable lives."

"(i)(1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision or parole and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision or parole. Before a child may be taken into custody for violation of the conditions of supervision or parole, the written request mentioned above must shall be reviewed by the commissioner or his or her designee. If the commissioner or his or her designee finds that probable cause exists to believe that the child has violated his or her conditions of supervision or parole, he the commissioner or his or her designee may issue an order directing that the child be picked up and returned to custody.

(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision or parole; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision or parole. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126 and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must shall be certified under that chapter.

(3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision or parole, the department is shall be empowered and authorized to request and receive from the Georgia Crime Information Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children.

(4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision or parole, or a child may be taken into custody pursuant to Code Section 15-11-45. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the child into custody.

(5) The child shall be kept in custody in a suitable place designated by the department and there detained until such child may be returned to the custody of the department.

(6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant.

(j) The department shall ensure that each delinquent or unruly child it releases under supervision, parole, or otherwise has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found for him or her, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent or unruly child released may be made from funds for support and maintenance appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds."

SECTION 7.

Said chapter is further amended by revising subsections (b) and (e) of Code Section 49-4A-9, relating to sentence of youthful offenders, as follows:

"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any child adjudicated delinquent for the commission of a designated felony act as defined in pursuant to Code Section 15-11-63 15-11-63.1 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."

"(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Department of Behavioral Health and Developmental Disabilities, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law."

SECTION 8.

Said chapter is further amended by revising subsections (c) and (d) of Code Section 49-4A-11, relating to aiding or encouraging a child to escape, as follows:

"(c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision or parole and is alleged to have broken the conditions thereof shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.

(d) Any person who shall knowingly provide to any child under the lawful control or custody of the department a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel without the consent of the director of the institution providing care and supervision to the child or the parole officer providing parole supervision to the child shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years."

SECTION 9.

Said chapter is further amended by adding new Code sections to read as follows:

"49-4A-15.

(a) There shall be juvenile parole panels which shall each consist of three members appointed by the commissioner. The commissioner shall determine how many panels to create, the regional location of such panels, and the frequency with which each panel will meet. The commissioner shall designate one member of each panel to act as chairperson of the panel.

(b) Each panel member shall serve at the pleasure of the commissioner. Panel members shall be employees of the department. Salaries for panel members shall be set by the commissioner and panel members shall be entitled to reimbursement of expenses as provided by Code Section 45-7-20.

(c) Clerical assistance for the panels shall be provided by a panel administrator appointed by the commissioner.

(d) Panels shall be charged with the duty of determining which designated felons serving commitments imposed by a juvenile court of this state may be released on parole and fixing the time and conditions thereof. The panel shall also be charged with the duty of supervising all persons placed on parole, of determining violations thereof and of taking action with reference thereto, of making such investigations as may be necessary, and of aiding parolees in securing employment. It shall be the duty of the panel personally to study the cases of those designated felons whom the panel has power to consider so as to determine their ultimate fitness for such relief as the panel has power to grant. The panel by an affirmative vote of a majority of its members shall have the power to grant parole.

49-4A-16.

(a) The board shall adopt, implement, and maintain a parole guidelines system for determining parole action. The guidelines system shall be used in determining parole actions on all designated felons. The guideline system shall be consistent with the board's primary goal of protecting society and shall take into consideration the severity of the current offense, the designated felon's prior juvenile court history, the designated felon's conduct, and the social factors which the board has found to have value in predicting the probability of further criminal behavior and successful adjustment under parole supervision.

(b) The guidelines system required by subsection (a) of this Code section shall be adopted by rules and regulations of the board. The rules and regulations shall be adopted in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

49-4A-17.

(a) The board may adopt and promulgate rules and regulations touching all matters including the practice and procedure in matters pertaining to paroles and remission of fines and forfeitures. The rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration for parole of designated felons under the jurisdiction of the department shall take place and also the times at which periodic reconsideration thereafter shall take place. Such consideration shall be automatic, and no written or formal application shall be required; provided, however, a designated felon shall be eligible for consideration for parole after the expiration of one-third of the time of his or her commitment.

(b) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of the rules and regulations.

(c) For the purposes of this Code section, the words 'rules and regulations' shall have the same meaning as the word 'rule,' as defined in Code Section 50-13-2, except that the words 'rules and regulations' shall not be construed to include the terms and conditions prescribed by the panel to which a person paroled by the panel may be subjected.

(d) A designated felon whose history indicates substance abuse problems shall not be considered for parole until such person has successfully completed the substance abuse counseling offered by the department.

(e) A designated felon who has committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1 shall not be released on parole until such person has successfully completed a family violence counseling program offered by the department.

49-4A-18.

(a) It shall be the duty of the panel administrator to obtain records and information as complete as may be practicable on every person who may become subject to any relief which may be within the power of a panel to grant. The information shall include:

(1) A complete statement of the designated felony act for which the person is committed, the circumstances of the act, and the nature of the person's commitment;

(2) The court from which the person was committed;

(3) The term of the commitment;

(4) The name of the presiding judge, the prosecuting officers, the investigating officers, and the attorney for the person convicted;

(5) A copy of presentence investigation and any previous court record;

(6) A copy of all probation reports which may have been made;

(7) Any social, physical, or mental examinations or juvenile court record of the person.

(8) A report by the superintendent of the institution in which the person has been committed upon the conduct of record of such person while in such commitment;

(9) Records substantiating the extent to which the person appears to have responded to the efforts made to improve his or her social attitude;

(10) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; and

(11) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics.

(b) The panel may also make such other investigation as it may deem necessary in order to be fully informed about the person being considered for parole. It shall be the duty of the court and of all probation officers and other appropriate officers to furnish to the panel, upon its request, such information as may be in their possession or under their control. The Department of Behavioral Health and Developmental Disabilities and all other state, county, and city agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the panel and shall aid and assist it in the performance of its duties. The panel may make such rules as to the privacy or privilege of such information and as to its use by persons other than the panel and its staff as may be deemed expedient in the performance of its duties.

(c) Good conduct, achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by a designated felon shall be considered by the panel in his or her favor and shall merit consideration of an application for parole. No designated felon shall be placed on parole until and unless the panel finds that there is reasonable probability that, if he or she is so released, he or she will live and conduct himself or herself as a respectable and law-abiding person and that his or her release will be compatible with his or her own welfare and the welfare of society.

(d) A grant of parole shall be rendered only by a written decision which shall be signed by at least two panel members.

(e) Before releasing any person on parole, the panel may have the person appear before it and may personally examine him or her. Thereafter, upon consideration, the panel shall make its findings and determine whether or not such person shall be granted parole; and the panel shall determine the terms and conditions thereof. Notice of the determination shall be given to such person and to the official having him or her in custody.

(f) If a person is granted parole, the officials having the person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person. The panel, upon placing a person on parole, shall specify in writing the terms and conditions thereof. A certified copy of the conditions shall be given to the parolee. Thereafter, a copy shall be sent to the clerk of the court in which the person was adjudicated.

(g) Within 72 hours after the panel reaches a final decision to parole a designated felon, the district attorney, the presiding judge, the sheriff of each county in which the designated felon was adjudicated, the local law enforcement authorities of the county of the last residence of the designated felon, and the victim shall be notified of the decision by the chairperson of the panel. Such notice to the victim shall be given as provided in Code Section 17-17-5. Failure of the prosecuting attorney to provide an address of the victim or failure of the victim to inform the panel of a change of address shall not void a parole date set by the panel.

(h)(1) Any person who is paroled shall be released on such terms and conditions as the panel shall prescribe. The parolee shall remain in the legal custody of the department until the expiration of the maximum term specified in his or her commitment or until such commitment is shortened by a court of competent jurisdiction.

(2) The board shall adopt general rules concerning the terms and conditions of parole and concerning what shall constitute a violation thereof and may make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee shall not leave this state or any definite area in this state without the consent of the panel; that the parolee shall contribute to the support of his or her dependents to the best of the parolee's ability; that the parolee shall make reparation or restitution for his or her act; that the parolee shall perform community service; that the parolee shall abandon evil associates and ways; and that the parolee shall carry out the instructions of his or her parole supervisor and, in general, so comport himself or herself as the parolee's supervisor shall determine. A violation of the terms of parole may render the parolee liable to arrest and a return to a youth detention center to serve out the term for which the parolee was adjudicated.

(3) The board may require the payment of a parole supervision fee in an amount to be established by the board as a condition of parole. The monthly amount shall be set by rule of the board and shall be uniform state wide. Such fees shall be collected by the panel to be paid into the general fund of the state treasury

49-4A-19.

(a) If a parolee violates the terms of his or her parole, the parolee shall be subject to rearrest or extradition for placement in the actual custody of the department.

(b) If any member of the panel shall have reasonable ground to believe that any parolee has lapsed into criminal ways or has violated the terms and conditions of his or her parole in a material respect, the panel member may issue a warrant for the arrest of the parolee.

(c) The warrant, if issued by a member or the panel, shall be returned before the panel and shall command that the alleged violator of parole be brought before the panel for a final hearing on revocation of parole within a reasonable time after the preliminary hearing provided for in Code Section 49-4A-20.

(d) All officers authorized to serve criminal process, all peace officers of this state, and all employees of the department whom the board specifically designates in writing shall be authorized to execute the warrant.

(e) Any parole supervisor, when he or she has reasonable ground to believe that a parolee has violated the terms or conditions of his parole in a material respect, shall notify the panel or some member thereof; and proceedings shall thereupon be had as provided in this Code section.

49-4A-20.

(a) Whenever a parolee is arrested on a warrant issued by a member of the panel for an alleged violation of parole, an informal preliminary hearing in the nature of a court of inquiry shall be held at or near the place of the alleged violation. However, a preliminary hearing shall not be required if the parolee is not under arrest on a warrant issued by the panel, has absconded from supervision, has signed a waiver of a preliminary hearing, has admitted any alleged violation to any representative of the department in the presence of a third party who is not a representative of the department, or has been adjudicated delinquent or convicted of any crime in a federal court or in a court of this state or of another state.

(b) The proceeding shall commence within a reasonable time after the arrest of the parolee. Its purpose shall be to determine whether there is probable cause or reasonable grounds to believe that the arrested parolee has committed acts which would constitute a violation of his or her parole.

(c) The preliminary hearing shall be conducted by a hearing officer designated by the department who shall be some officer who is not directly involved in the parolee's case. It shall be the duty of the officer conducting the hearing to make a summary or digest, which may be in the form of a tape recording, of what transpires at the hearing in terms of the testimony and other evidence given in support of or against revocation. In addition, the officer shall state the reasons for his or her decision that probable cause for revocation does or does not exist and shall indicate the evidence relied upon.

(d) It shall be the responsibility of the officer selected to conduct the preliminary hearing to provide the alleged violator with written notice of the time and place of the proceeding, its purpose, and the violations which have been alleged. This notice shall allow a reasonable time for the alleged violator to prepare his or her case.

(e) The officer selected to conduct the preliminary hearing shall have the power to issue subpoenas to compel the attendance of witnesses resident within the county of the alleged violation after notice of 24 hours. The subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county in which the hearing provided for by this Code section is held for an order requiring obedience. Failure to comply with the order shall be cause for punishment as for contempt of court. The manner of service of subpoenas and costs of securing the attendance of witnesses, including fees and mileage, shall be determined, computed, and assessed in the same manner as is prescribed by law under Title 24.

(f) The officer selected to conduct the preliminary hearing shall also have power to issue subpoenas for the production of documents or other written evidence at the hearing provided for by this Code section; but upon written request made promptly and before the hearing, the officer may quash or modify the subpoena if it is unreasonable or oppressive or may condition denial of the request upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the documents or other written evidence. Enforcement of the subpoenas may be sought in the same manner as is provided in subsection (e) of this Code section for subpoenas to compel the attendance of witnesses.

(g) At the hearing, the alleged violator may appear and speak in his or her own behalf, may present witnesses to testify in his or her behalf, and may bring letters, documents, or any other relevant information to the hearing officer. The alleged violator shall also have the right to cross-examine those who have given adverse information at the preliminary hearing relating to the alleged violation, provided that the hearing officer may refuse to allow such questioning if he or she determines that the informant would be subjected to risk of harm if his or her identity were disclosed.

(h) Should the hearing officer determine that probable cause for revocation exists, the officer shall then determine whether the alleged violator should be incarcerated pending his or her final revocation hearing or whether the alleged violator should be set free on his or her personal recognizance pending the final hearing. If an alleged violator who is set free on his or her personal recognizance subsequently fails to appear at his or her final hearing, the panel may summarily revoke his or her parole.

(i) The decision of the hearing officer as to probable cause for revocation shall not be binding on the panel but may be either ratified or overruled by majority vote of the panel. In the event that the panel overrules a determination of the hearing officer that probable cause did not exist, the panel shall then determine whether the alleged violator should be incarcerated pending his or her final hearing or whether he or she should be set free on his or her personal recognizance pending that hearing. If an alleged violator who is set free on personal recognizance subsequently fails to appear at his or her final hearing, the panel may summarily revoke his or her parole. Where a hearing officer has determined, after finding probable cause, that the alleged violator should be set free on his or her personal recognizance, the panel may overrule that decision and order the alleged violator to be incarcerated pending his or her final hearing.

49-4A-21.

(a) A parolee who has allegedly violated the terms of his or her parole shall, except as otherwise provided in this subsection, have a right to a final hearing before a panel, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall be required or permitted if the parolee has been adjudicated delinquent or convicted of or entered any form of guilty plea or plea of nolo contendere in any federal or state court of record to any crime committed by the parolee during a term of parole, and, in such cases, the panel shall revoke the entire unexpired term of parole. In no case shall a final hearing be required if the parolee has signed a waiver of final hearing. The final hearing, if any, shall be held within a reasonable time:

(1) After an arrest warrant has been issued by a member of the panel and probable cause for revocation has been found by the preliminary hearing officer;

(2) After a majority of the panel overrules a determination by the preliminary hearing officer that probable cause does not exist;

(3) After the panel or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or

(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 49-4A-20.

(b) The purpose of the hearing shall be to determine whether the alleged violator has in fact committed any acts which would constitute a violation of the terms and conditions of his or her parole and whether those acts are of such a nature as to warrant revocation of parole.

(c) When a parolee has been adjudicated delinquent or convicted of any crime or has entered a plea of guilty or nolo contendere thereto in a court of record, his or her parole may be revoked without a hearing before the panel. Moreover, whenever it shall appear to the panel that a parolee either has absconded or has been adjudicated delinquent or convicted of another crime in a federal court or in a court of record of another state, the panel may issue an order of temporary revocation of parole, together with its warrant for such violator, which shall suspend the running of the parolee's time from the date of the temporary revocation of parole to the date of the determination by the panel as to whether the temporary revocation shall be made permanent. If the panel determines that there has been no violation of the conditions of the parole, then the parolee shall be reinstated upon his or her original parole without any loss of time and the order of temporary revocation of parole and the warrant shall be withdrawn.

(d) In all cases in which there is a hearing before the panel, the alleged violator shall be given written notice of the time and place of the hearing and of the claimed violations of parole. The notice shall be served by delivering it to the alleged violator in person, by delivering it to a person 18 years or older at his or her last known place of residence, or by depositing it in the mail properly addressed to his or her last known place of residence. In addition, this notice shall advise him or her of the following rights:

(1) His or her right to disclosure of evidence introduced against him or her; provided, however, this right shall not be construed to require the panel to disclose to an alleged violator confidential information contained in its files which has no direct bearing on the matter of parole revocation;

(2) His or her opportunity to be heard in person and to present witnesses and documentary evidence;

(3) His or her right to confront and cross-examine adverse witnesses, unless a majority of the panel determines that disclosure of a particular informant's identity would cause that informant or a member of his or her family to suffer a risk of harm; and

(4) His or her right to subpoena witnesses and documents through the panel as provided in subsections (e) and (f) of this Code section.

(e) The panel shall have the power to issue subpoenas to compel the attendance of witnesses at the hearing provided for by this Code section. The subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county in which the hearing provided for by this Code section is held for an order requiring obedience. Failure to comply with the order shall be cause for punishment as for contempt of court. The manner of service of subpoenas and costs of securing the attendance of witnesses, including fees and mileage, shall be determined, computed, and assessed in the same manner as prescribed by law under Title 24.

(f) The panel shall have the power to issue subpoenas for the production of documents or other written evidence at the hearing provided for by this Code section, but upon written request made promptly and before the hearing the panel may quash or modify the subpoena if it is unreasonable or oppressive or may condition denial of the request upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the documents or other written evidence. Enforcement of such subpoenas may be sought in the same manner as is provided in subsection (e) of this Code section for subpoenas to compel attendance of witnesses.

(g) Within a reasonable time after the hearing provided for by this Code section, the panel shall enter an order (1) rescinding parole and returning the parolee to serve the remainder of the commitment imposed upon him or her, with benefit of computing the time so served on parole as a part of his or her sentence; or (2) reinstating the parole or shall enter such other order as it may deem proper. The panel shall issue a written statement which shall indicate its reasons for revoking or not reinstating parole or for taking such other action as it deems appropriate and shall also indicate the evidence relied upon in determining the facts which form the basis for these reasons. The parolee who is the subject of the panel's decision shall be furnished with a copy of this written statement.

49-4A-22.

No person who has been placed on parole shall be discharged therefrom by the panel prior to the expiration of the term for which he or she was sentenced or until he or she shall have been released by a court of competent jurisdiction as provided in this Code section or as otherwise provided by law. The panel may relieve a person on parole from making further reports and may permit the person to leave the state or county if satisfied that this is for the parolee's best interest and for the best interest of society.

49-4A-23.

(a) The panel shall preserve on file all documents on which it has acted in the granting of parole.

(b) All information, both oral and written, received by members of a panel in the performance of their duties under this chapter and all records, papers, and documents coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by a resolution of the panel passed at a duly constituted session of the panel; provided, however, that the panel shall be authorized to disclose to an alleged violator of parole the evidence introduced against him or her at a final hearing on the matter of revocation of parole.

(c) No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a violation of this Code section or conspires to violate this Code section shall be guilty of a misdemeanor.

(d) All hearings required to be held by this chapter shall be public, and the transcript thereof shall be exempt from subsection (b) of this Code section. All records and documents which were public records at the time they were received by the panel are exempt from subsection (b) of this Code section. All information, reports, and documents required by law to be made available to the General Assembly, the Governor, or the state auditor are exempt from subsection (b) of this Code section.

49-4A-24.

The Governor shall have no authority or power whatever over the granting of paroles.

49-4A-25.

On or before January 1 of each year, the department shall make a print or electronic publication of the panel's activities, copies of which shall be made available to the Governor, each body of the General Assembly, and to such other officers and persons as the commissioner may deem advisable."

SECTION 10.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising subsection (b) of Code Section 15-11-40, relating to modification or vacation of orders, as follows:

"(b) Except an order of dismissal, an An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department of Juvenile Justice, after the child has been transferred to the physical custody of the Department of Juvenile Justice, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed."

SECTION 11.

Said chapter is further amended by revising subsections (e) through (h) of Code Section 15-11-63, relating to designated felony acts, as follows:

"(e) When the order is for restrictive custody in the case of a child found to have committed a designated felony act:

(1) The order shall provide that:

(A) The child shall be placed in the custody of the Department of Juvenile Justice for an initial period of five years, subject to parole;

(B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention prior to placement in a youth development center shall be counted toward the period set by the order; and provided, further, that where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;

(C) After the period set under subparagraph (B) of this paragraph, the child shall be placed under intensive supervision for a period of 12 months; and

(D) The child may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the child be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a child is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;

(2) During the placement or any extension thereof:

(A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy;

(B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Department of Behavioral Health and Developmental Disabilities; and

(C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and

(D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and

(3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the Department of Juvenile Justice, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the individual's twenty-first birthday.

(f) When the order is for restrictive custody in the case of a child found to have committed any designated felony act and such child has been found by a court to have committed a designated felony act on a prior occasion, regardless of the age of the child at the time of commission of such prior act, the order of the court shall be made pursuant to subparagraph (e)(1)(B) of this Code section.

(g)(f) The Department of Juvenile Justice shall retain the power to continue the confinement of the child in a youth development center or other program beyond the periods specified by the court within the term of the order.

(h)(g) Any court making a finding or adjudication that a child has committed a designated felony act shall identify the school last attended by such child and the school which such child intends to attend and shall transmit a copy of such adjudication or finding to the principals of the school which the child last attended and the school which the child intends to attend within 15 days of the adjudication or finding. Such information shall be subject to notification, distribution, and requirements as provided in Code Section 20-2-671."

SECTION 12.

Said chapter is further amended by adding a new Code section to read as follows:

"15-11-63.1.

(a) A child adjudicated to have committed a designated felony act shall not be discharged from the custody of the Department of Juvenile Justice or released from secure detention prior to the period of time provided in the court's order unless parole is granted by a juvenile parole panel. Notwithstanding the powers granted to a court under Code Section 15-11-40, the child or the Department of Juvenile Justice may petition a juvenile parole panel for the child's release on parole; provided, however, that such request shall not be made prior to the expiration of one year of custody and, except as the Department of Juvenile Justice in its discretion may allow, shall not be filed more than once every 12 months after any such request has been denied.

(b) All requests for parole filed under this Code section shall be accompanied by a written recommendation for discharge or modification from the child's Department of Juvenile Justice counselor or placement supervisor and filed with the Department of Juvenile Justice. At least ten days prior to the date of the parole hearing, the moving party shall serve a copy of the request for parole, by first-class mail, upon the prosecuting attorney for the court that committed the child to the department, the victim of the designated felony act, if any, at the victim's last known address, the child's attorney, if any, the child's parents or guardian, and the law enforcement agency that investigated the designated felony act.

(c) A panel hearing a request for parole filed under this Code section shall determine the disposition of the child based upon a preponderance of the evidence. In determining whether parole should be granted or denied, the panel shall be required to find that the child has been rehabilitated and shall consider and make specific findings of fact as to each of the following factors:

(1) The needs and best interests of the child;

(2) The record and background of the child, including the disciplinary history of the child during the period of restrictive custody and subsequent offense history;

(3) The academic progress of the child during the period of restrictive custody;

(4) The victim's impact statement submitted for purposes of a hearing conducted pursuant to this Code section; and

(5) The safety risk to the community if the child is released."

SECTION 12.

This Act shall become effective on January 1, 2012.

SECTION 13.

All laws and parts of laws in conflict with this Act are repealed.