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Rules and Regulations of the State of Georgia
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Chapter 97-1 RULES OF GENERAL APPLICABILITY

Rule 97-1-.01 Organization of the Board; Membership

The Board of the Department of Juvenile Justice consists of fifteen members appointed by the Governor with the consent of the Senate with at least one but not more than two Board members from each congressional district in the State.

(a) 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.
(b) Vacancies in office are to be filled by appointment of the Governor, subject to confirmation by the Senate for the balance of the unexpired term.
(c) There shall be a Chairman of the Board elected by and from the membership of the Board who shall be the presiding officer of the Board.
(d) The Board shall meet monthly in Atlanta unless otherwise determined by the Board.
(e) Eight members of the Board shall constitute a quorum. The action of a majority of a quorum present at any meeting shall be the action of the Board, except as otherwise provided in the Bylaws of the Board.

Rule 97-1-.02 Authority

(A) The general authority and powers of the Board are created and defined by law, Georgia law provides that the Board of the Department of Juvenile Justice is charged with the responsibility of:
(1) Providing leadership in developing programs to successfully rehabilitate delinquents and children committed to the state's custody;
(2) Providing technical assistance to private and public entities for prevention programs for children at risk;
(3) Ensuring that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake personnel and courts are developed in accordance with law;
(4) Adopting 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) Requiring the Department to collect and analyze data and performance outcomes to prepare an annual report to be submitted in accordance with law; and
(6) Adopting 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 by law, 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.
(B) The Commissioner of the Department of Juvenile Justice shall be both appointed and removed by the Board, subject to the approval of the Governor.
(C) The Board is authorized to promulgate, adopt, and establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions under the Jurisdiction and control of the Department.
(D) The Board shall perform duties required of it and be responsible for the promulgation of all rules and regulations not in conflict with the law that may be necessary and appropriate to the administration of the Department, to the accomplishment of its purposes, and to the performance of the duties and functions of the Department as required by law.

Rule 97-1-.03 General Definitions

The following definitions shall apply generally to all rules and regulations of the Department of Juvenile Justice.

(a) "Board" shall mean the Board of the Department of Juvenile Justice.
(b) "Delinquent child or youth" or "child in need of services" shall mean any person so adjudged under Article 1 of Chapter 11 of Title 15.
(c) "Department" shall mean the Department of Juvenile Justice.
(d) "Commissioner" shall mean the Commissioner of the Department of Juvenile Justice.
(e) "Restrictive custody" means in the custody of the Department for purposes of housing in a secure residential facility or nonsecure residential facility.
(f) "Secure residential facility" means a hardware secure residential institution operated by or on behalf of the Department and shall include a youth development center or a regional youth detention center.
(g) "Nonsecure residential facility" means community residential locations operated by or on behalf of the Department and may include group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting.
(h) "Class A designated felony act" means a delinquent act committed by a child 13 years or older which, if committed by an adult, would be one or more of the specific crimes listed in O.C.G.A. § 15-11-2(12).
(i) "Class B designated felony act" means a delinquent act committed by a child 13 years or older which, if committed by an adult, would be one or more of the specific crimes listed in O.C.G.A. § 15-11-2(13).

Rule 97-1-.04 Commissioner of the Department of Juvenile Justice. Amended

(1) The Board shall appoint a Commissioner to serve as the chief administrative officer of the Department of Juvenile Justice. The Commissioner shall hold office at the pleasure of the Board and be both appointed and removed by the Board subject to the approval of the Governor. Subject to the general policy and rules and regulations of the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Juvenile Justice.
(2) In recognition of the security, emergency, and continuous operational needs of the Department, and with particular recognition of the need for a capability of immediate reaction to emergency situations, the Commissioner is authorized to require the Director of certain facilities, as a condition of employment, to reside in housing on the facility grounds, where such housing is available. In the event such housing is not available, the Department shall lease adequate housing close to the Director's assigned facility.
(3) The occupation of such housing by the Director shall be pursuant to an agreement whereby it will be acknowledged by the Director, that: the occupancy of administrative housing is a condition of employment and is not provided as an additional benefit for the performance of his or her job; the occupancy of the housing does not create an entitlement arising out of the Director's job; each Director shall agree to abide by the terms, conditions and provisions of the agreement as a condition of his or her employment; and will acknowledge that the agreement creates no estate or other interest in the real property occupied. The immediate family members of the Director shall be allowed to reside in the housing as long as they comply with the terms agreed to by the Director. The Commissioner or the Commissioner's designee shall be authorized to enter into and execute such agreements on behalf of the Department.

Rule 97-1-.05 Adoption of Rules and Regulations

(1) The Commissioner of the Department of Juvenile Justice shall formulate and submit to the Board those reasonable rules and regulations or changes thereto which are required to govern the Department.
(2) Rules and regulations adopted by the Board shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs to the end that children and youth housed in said centers shall develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment.
(3) Board approval shall be required prior to the promulgation and adoption of rules and regulations.
(4) Actions undertaken in the preparation of rules and regulations for adoption by the Board, including notices of intended action, provision of an opportunity for interested parties to present data, formatting, and other rule-making requirements shall be as prescribed by the Georgia Administrative Procedure Act.

Rule 97-1-.06 Request for Information

Requests for information shall be in writing addressed to the Georgia Department of Juvenile Justice, Office of Legal Services, 3408 Covington Highway, Decatur, GA 30032.

Rule 97-1-.07 Inspection of Records

Most records maintained are not public records and cannot be inspected by the public. Those rules, statements of policy, interpretations, final orders and decisions which are public, may be inspected during business hours at the office of the Commissioner of the Department of Juvenile Justice.