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Chapter 97-5

Rule 97-5-.01 Definitions

Unless a different meaning is required by the context, the following terms as used in these rules and regulations shall have the meaning hereinafter respectively ascribed to them:

(a) "DJJ" means the Department of Juvenile Justice.
(b) "DCS" means the Department of Community Supervision.
(c) "Delinquent child or youth" means any person so adjudged under Article 1 of Chapter 11 of Title 15.
(d) "Restrictive custody" means in the custody of the Department for purposes of housing in a secure residential facility or nonsecure residential facility.
(e) "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).

Rule 97-5-.02 Transfer Provisions

(A) No child's community supervision shall transfer to the DCS, unless all of the following criteria have been met:
(1) The child is 17 years of age or older, adjudicated delinquent for a Class A designated felony act, and has been released from restrictive custody by DJJ;
(2) The child is not amenable to treatment and programming services offered by DJJ;
(3) The child has not made substantial progress towards treatment and service plan objectives; and
(4) The child has not completed academic goals as outlined in the individualized program of study.
(B) In determining whether to transfer a child, DJJ shall give balanced attention towards 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.