Bill Text: GA SB366 | 2011-2012 | Regular Session | Introduced
Bill Title: Juvenile Justice Dept.; revise restrictions; possessions of contraband at juvenile detention centers
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-07-01 - Effective Date [SB366 Detail]
Download: Georgia-2011-SB366-Introduced.html
12 SB366/AP
Senate
Bill 366
By:
Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of
the 1st and Albers of the 56th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-11-66 and Chapter 4A of Title 49 of the Official Code of
Georgia Annotated, relating to the disposition of delinquent children and the
Department of Juvenile Justice, respectively, so as to change provisions
relating to detention of juveniles; to revise restrictions regarding possession
of contraband at juvenile detention centers; to provide for related matters; to
provide for an effective date and applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-11-66 of the Official Code of Georgia Annotated, relating to the
disposition of delinquent children, is amended by revising subparagraph
(b)(2)(B) as follows:
"(B)
A child ordered to a youth development center under this paragraph and detained
in a secured facility pending placement in the youth development center shall be
given credit for time served in the secured facility awaiting placement.
On and
after July 1, 2013, the maximum number of days that the court may order a child
to serve in a youth development center under this paragraph shall be increased
to 60 days."
SECTION
1A.
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-11,
relating to aiding escape, harboring, or hindering apprehension of juvenile
under custody of the department, as follows:
"49-4A-11.
(a)
Any person who shall knowingly aid, assist, or encourage any child or youth who
has been committed to the department to escape or to attempt to escape its
control or custody shall be guilty of a felony and, upon conviction thereof,
shall be
imprisoned
punished by
imprisonment for not less than one nor
more than five years.
(b)
Any person who shall knowingly harbor or shelter any child or youth who has
escaped the lawful custody or control of the department shall be guilty of a
felony and, upon conviction thereof, shall be
imprisoned
punished by
imprisonment for not less than one nor
more than five years.
(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 and is alleged to have broken
the conditions thereof shall be guilty of a felony and, upon conviction thereof,
shall be
imprisoned
punished by
imprisonment 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 shall be guilty of a
felony and, upon conviction thereof, shall be imprisoned for not less than one
nor more than five years.
(e)
Any child who shall knowingly possess 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 given to said child in
violation of subsection (d) of this Code section while under the lawful custody
or control of the department shall cause the department to file a delinquency
petition in the court having jurisdiction; provided, however, if such person is
17 or older and is under the lawful custody or control of the department, such
person shall be guilty of a felony and, upon conviction thereof, shall be
imprisoned for not less than one nor more than five
years."
SECTION
2.
Said
chapter is further amended by adding new Code sections to read as
follows:
"49-4A-15.
Guard
lines shall be established by the commissioner or his or her designated
representative in charge at the various juvenile detention centers and youth
development centers in the same manner that land lines are established, except
that, at each corner of the lines, signs must be used on which shall be plainly
stamped or written: 'Guard line of ________.' Signs shall also be placed at all
entrances and exits for vehicles and pedestrians at the institutions and at such
intervals along the guard lines as will reasonably place all persons approaching
the guard lines on notice of the location of the institutions.
49-4A-16.
(a)
As used in this Code section, the term 'guard lines' means the lines established
pursuant to Code Section 49-4A-15.
(b)
It shall be unlawful for any person to cause to be introduced across guard lines
or to come inside such guard lines with:
(1)
A gun, pistol, knife, or any other weapon or a bullet, ammunition, or explosive
device; or
(2)
Any intoxicating liquor, amphetamines, marijuana, or any other hallucinogenic or
other drugs.
(c)
The provisions of this Code section shall not apply when the commissioner or
director of the juvenile detention center or youth development center has
provided authorization for the introduction of the items listed in subsection
(b) of this Code section into such center.
(d)
Any person who violates this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one year
nor more than four years.
49-4A-17.
(a)(1)
Without the knowledge and consent of the commissioner or the director in charge
of any juvenile detention center or youth development center, it shall be
unlawful for any person to take into or cause to be introduced into such center
any item which such person has been directed not to take into such
center:
(A)
Verbally by a staff member of such center;
(B)
In writing by a staff member of such center; or
(C)
As directed by the rules, regulations, or policies of such center.
(2)
Any item taken into a center in violation of this subsection shall be deemed
contraband and shall be subject to being confiscated and retained as property of
the department.
(3)
Any person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one year
nor more than four years.
(b)
It shall be unlawful for any person to trade or traffic with, buy from, or sell
any article to a youth assigned to a juvenile detention center or youth
development center without the knowledge and consent of the commissioner or the
director in charge of such center. Any person who violates this subsection
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than four years.
49-4A-18.
(a)
As used in this Code section, the term:
(1)
'Director' means the commissioner or any director of a juvenile detention center
or his or her designee, or any other person who is responsible for the overall
management and operation of a center.
(2)
'Juvenile detention center' means a regional youth detention center or youth
development center operated by or on behalf of the department.
(3)
'Telecommunications device' means a device, an apparatus associated with a
device, or a component of a device that enables, or may be used to enable,
communication with a person outside a place of incarceration, including, but not
limited to, a telephone, cellular telephone, personal digital assistant,
transmitting radio, or computer connected or capable of being connected to a
computer network, by wireless or other technology, or otherwise capable of
communicating with a person or device outside of a place of
incarceration.
(4)
'Youth' means an offender assigned to a juvenile detention center.
(b)
Without the authorization of the director, it shall be unlawful for any person
to obtain for, to procure for, or to give to a youth a gun, pistol, knife, or
any other weapon; a bullet, ammunition, or any other explosive device; tobacco
products; intoxicating liquor; marijuana, amphetamines, or any other
hallucinogenic drugs or other drugs, regardless of the amount; any
telecommunications device; or any other article or item.
(c)
Without the authorization of the director, it shall be unlawful for a youth to
possess a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any
other explosive device; tobacco products; intoxicating liquor; marijuana,
amphetamines, or any other hallucinogenic drugs or other drugs, regardless of
the amount; any telecommunications device; or any other article or
item.
(d)
Any person who violates this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one year
nor more than four
years."
SECTION
3.
This
Act shall become effective on July 1, 2012, and shall apply to offenses
committed on or after such date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.