Bill Text: GA SB366 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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12 LC 35 2516S

The Senate Public Safety Committee offered the following substitute to SB 366:

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 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.

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) It shall be unlawful for any person to cause to be introduced across the guard lines established at any juvenile detention center or youth development center 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, biphetamines, marijuana, or any other hallucinogenic or other drugs.

(b) The provisions of this Code section shall not apply where the commissioner or director of the center has provided authorization for the introduction of the items listed in subsection (a) of this Code section into the center.

(c) 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) It shall be unlawful for any person to take into or cause to be introduced into any juvenile detention center or youth development center any item which such person has been directed not to take into such center either verbally or in writing by a staff member of such center or as directed by the rules, regulations, or policies of the center without the knowledge and consent of the commissioner or the director in charge of such center. Any item taken into a center in violation of this subsection shall be deemed contraband and subject to being confiscated and retained as property of the department. A violation of this subsection shall be 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. A violation of this subsection shall be 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 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) 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, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the director.

(c) 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, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the director.

(d) A person who commits or attempts to commit a violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one 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.