If a court finds that a youthful offender might benefit from this chapter, the court may recommend that a young offender be treated as a youthful offender by indicating the recommendation in writing in the sentence itself. When the judge has recommended in the sentence that a person be given youthful offender treatment, release may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45. After the offender is evaluated, the department will make the decision concerning the placement of the offender.
History. Code 1981, § 42-7-8 , enacted by Ga. L. 1985, p. 420, § 1.
Cross references.
Sentence and punishment generally, T. 17, C. 10.
Punishment of misdemeanor first offenders, § 17-10-3 .
Law reviews.
For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979).
Structure Georgia Code
Chapter 7 - Treatment of Youthful Offenders
§ 42-7-3. Providing Institutions and Facilities
§ 42-7-4. Studies and Diagnoses; Placement of Youthful Offender by Department
§ 42-7-6. Notification of State Board of Pardons and Paroles
§ 42-7-7. Adoption of Policies and Procedures
§ 42-7-8. Court Recommendation of Treatment as Youthful Offender