Georgia Code
Chapter 4A - Department of Juvenile Justice
§ 49-4A-8. Commitment of Delinquent Children; Procedure; Cost; Return of Mentally Ill or Developmentally Disabled Children; Escapees; Discharge; Evidence of Commitment; Records; Restitution

(e.1) (1) When a child who has been adjudicated for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-2 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of such child’s acts that such child is being released from confinement or custody.
(2) The department and employees of the department shall not be liable for damages incurred by reason of the department’s failure to provide the notice required by paragraph (1) of this subsection.
(3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent act or class A designated felony act or class B designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled.
(4) The department and employees of the department shall not be liable for damages incurred by reason of the department’s failure to provide notice required by paragraph (3) of this subsection.
History. Code 1981, § 49-4A-8 , enacted by Ga. L. 1992, p. 1983, § 24; Ga. L. 1993, p. 313, § 1; Ga. L. 1995, p. 619, § 8; Ga. L. 1996, p. 1016, §§ 1, 2; Ga. L. 1997, p. 582, § 3; Ga. L. 2000, p. 20, § 26; Ga. L. 2006, p. 293, § 4/HB 1145; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2010, p. 963, § 2-20/SB 308; Ga. L. 2013, p. 141, § 49/HB 79; Ga. L. 2013, p. 294, § 3-8/HB 242; Ga. L. 2014, p. 382, § 4/SB 324; Ga. L. 2015, p. 422, § 5-101/HB 310; Ga. L. 2015, p. 890, § 7/HB 263.
The 2013 amendments.
The first 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language in this Code section. See Editor’s notes for extent of application. The second 2013 amendment, effective January 1, 2014, rewrote this Code section. See Editor’s notes for applicability.
The 2014 amendment, effective July 1, 2014, inserted “the supervision of delinquent children or children in need of services under intensive supervision in the community,” near the end of the first sentence of paragraph (i)(2).
The 2015 amendments.
The first 2015 amendment, effective July 1, 2015, substituted “the juvenile probation officer, the community supervision officer, the prosecuting and police authorities” for “the probation officer, the prosecuting and police authorities” in subsection (c). See Editor’s notes for applicability. The second 2015 amendment, effective July 1, 2015, inserted “, the Criminal Justice Coordinating Council,” near the end of the introductory language of paragraph (n)(1).
Editor’s notes.
Ga. L. 2006, p. 293, Part II, § 2/HB 1145, not codified by the General Assembly, provided that the changes made by Part II of that Act shall be known and may be cited as “Amy’s Law”. Part II of Ga. L. 2006, p. 293 amended Code Sections 15-11-70 and 49-4A-8.
Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010 and shall not affect any prosecutions for acts occurring before June 4, 2010 and shall not act as an abatement of any such prosecution.
Ga. L. 2013, p. 141, § 54(f)/HB79, not codified by the General Assembly, provides that: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendments to subsection (e.1) and paragraph (i)(1) of this Code section by Ga. L. 2013, p. 141, § 49/HB79 will not be given effect in this Code section effective January 1, 2014.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.
Law reviews.
For note on the 1995 amendment of this Code section and O.C.G.A. § 49-4A-9 , see 12 Ga. St. U. L. Rev. 80 (1995).
For article, “Crimes and Offenses,” see 27 Ga. St. U.L. Rev. 131 (2011).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).