NEW PROPOSED MODEL JUVENILE CODE UNVEILED

3/24/2008

State advocates seek public support for modernized, practical approach to handling delinquent, neglected and abused children

ATLANTA (March 24, 2008) ? Advocates calling on Georgia to modernize laws and policies governing delinquent, abused and neglected children today introduced a proposed model juvenile code to serve as the basis for revision of existing state laws enacted in the early 1970s.
 
A copy of the model juvenile code has been posted for review and comment on a website created by the JUSTGeorgia coalition, www.justga.org. 
 
The Juvenile Law Committee of the State Bar of Georgia’s Young Lawyers Division (YLD) undertook the juvenile code re-write project in 2004 and formally released a proposed model juvenile code on March 13, 2008.  Concurrently, advocates participating in the JUSTGeorgia coalition formed in 2006 have undertaken an extensive public campaign seeking input on the document from all concerned stakeholders.
 
JUSTGeorgia intends to incorporate the feedback into proposed legislation to create a new Juvenile Code for Georgia. It will seek to broaden coalition support and gain legislative sponsorship before the Georgia General Assembly convenes in 2009.
 
“This project answers a need expressed by all stakeholders in our juvenile justice system,” stated coalition member Sharon Hill, executive director of public legal interest group Georgia Appleseed.  “The current code, in some cases, can, and does, lead us to decisions under it that are unjust and do not promote community safety.  It is time for a change.  It is time for the people of Georgia to come together to study this thoroughly researched effort, the new YLD code, and use it as our starting point to create for Georgia a code that promotes justice for all concerned.”

Hill went on to explain that subsequent changes and amendments to the original juvenile code over nearly four decades were done in a fashion that have since left it disorganized and cumbersome to use in the courts.  “Georgia's current juvenile code was once a useful guide to justice but is now a tattered patchwork quilt of amendments that is internally inconsistent, vague, and, in some cases, clearly outdated.”

The Juvenile Code refers to a series of articles within Title 15, Chapter 11 of the Official Code of Georgia pertaining to juvenile delinquency and deprivation.  Juvenile court judges and other state officials had characterized the existing code as seriously outdated after four decades of continual revisions and amendments.  Responding to public calls for action, the Georgia General Assembly deemed the code “in need of organization and reformation” when it passed a joint resolution in 2005 (SR 161) that created a study committee to explore its revision.
 
Much of the re-write project was devoted to organization and consistent grammatical style.  New provisions introduced reflect the best practices of other states, modern research and practical experience.  They include the return of original jurisdiction over serious violent offenders under 18 years of age to the juvenile court and a strong transfer statute that allows the juvenile court to waive jurisdiction and transfer a case to superior court by motion of the DA or the court.
 
Public comment on the model juvenile code is being accepted for a 90-day period via mail or an email link (codecomment@justga.org) on the site.  Comments will be considered with other documentation gathered by JUSTGeorgia to draft legislation. 
 
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About JUSTGeorgia - JUSTGeorgia is a coalition advocating for improvement in juvenile justice and the underlying social service systems that serve Georgia’s children.  Its two primary objectives are the passage of a new Georgia juvenile code and changes in system practices covering health, education, deprivation and children’s services that can help kids stay out of trouble, minimize risk of abuse in homes and promote safer communities.  JUSTGeorgia is anchored by the Georgia Appleseed Center for Law and Justice, Barton Child Law & Policy Clinic of Emory University and Voices for Georgia’s Children.