Section 15-11-48. (Effective until January 1, 2014) Place of detention; alleged capital offenders; notice to court by jail official; deprived children; children alleged to be unruly; record of detention

   (a)  Allegation of delinquency. A child alleged to be delinquent may be detained only in:

   (1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;

   (2) A facility operated by a licensed child welfare agency; or

   (3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.

(b)  Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-28 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.

(c)  Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-28 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-30.2, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.

(d)  Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term "jail" shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.

(e)  Allegation of unruliness. A child unruly or alleged to be unruly who has not been released from custody as provided in subsection (e) of Code Section 15-11-47 may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child.

(f)  Allegation of deprivation. A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his or her designee.

(g)  Data to be maintained. All facilities that detain children for pretrial detention shall maintain the following data on each child detained:

   (1) Name;

   (2) Date of birth;

   (3) Sex;

   (4) Race;

   (5) Offense or offenses for which being detained;

   (6) Date of and authority for confinement;

   (7) Date of and authority for release or transfer; and

   (8) Where transferred or to whom released.

Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Juvenile Justice, by the Department of Corrections, and by the Georgia Council of Juvenile Court Judges.

Ga. L. 1908, p. 1107, § 6; Penal Code 1910, § 893; Ga. L. 1915, p. 35, § 18; Code 1933, § 24-2418; Ga. L. 1950, p. 367, §§ 16, 17; Ga. L. 1951, p. 291, § 17; Ga. L. 1955, p. 581, § 2; Ga. L. 1968, p. 1013, § 9; Code 1933, § 24A-1403, enacted by Ga. L. 1971, p. 709, § 1; Ga. L. 1973, p. 882, § 5; Ga. L. 1977, p. 1237, §§ 3-5; Ga. L. 1979, p. 774, § 1; Code 1981, § 15-11-20; Ga. L. 1985, p. 1313, §§ 2, 3; Ga. L. 1987, p. 479, § 1; Ga. L. 1989, p. 1716, § 1; Ga. L. 1990, p. 1351, § 1; Ga. L. 1992, p. 1983, § 4; Ga. L. 1994, p. 1012, § 19; Ga. L. 1995, p. 863, § 4; Ga. L. 1997, p. 1453, § 1; Ga. L. 1999, p. 81, § 15; Code 1981, § 15-11-48, as redesignated by Ga. L. 2000, p. 20, § 1.