Section 15-11-70. (Effective until January 1, 2014) Duration and termination of orders of disposition for delinquent or unruly children; extensions

   (a) Except as provided in subsection (b) of this Code section, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:

   (1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order;

   (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and

   (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child.

(b) If the court commits a delinquent child to the Department of Juvenile Justice for a delinquent act which if done by an adult would be the crime of murder, then the court's commitment may continue until the child's twenty-first birthday. The court shall determine whether any or all of the child's commitment should include an order for restrictive custody by making specific written findings of fact using the elements set forth in paragraphs (1) through (5) of subsection (c) of Code Section 15-11-63. Any child committed to the Department of Juvenile Justice under the provisions of this subsection shall not be released from confinement or discharged from the custody of the Department of Juvenile Justice unless a motion for early release is granted by the court. The court which made the order of commitment may shorten the duration of its order if:

   (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;

   (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the parties affected; and

   (3) The court finds that the discharge is necessary to accomplish the purposes of the original order and for the treatment or rehabilitation of the child.

(c) Except as provided in subsection (b) of this Code section, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:

   (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;

   (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;

   (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and

   (4) The extension does not exceed two years from the expiration of the prior order.

(d) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.

(e) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.

Code 1933, § 24A-2701, enacted by Ga. L. 1971, p. 709, § 1; Ga. L. 1974, p. 1126, § 6; Code 1981, § 15-11-41; Ga. L. 1984, p. 794, § 1; Ga. L. 1986, p. 1017, § 2; Ga. L. 1990, p. 8, § 15; Ga. L. 1990, p. 1765, § 1; Ga. L. 1992, p. 1983, § 14; Ga. L. 1992, p. 2184, § 1; Ga. L. 1996, p. 474, § 1; Ga. L. 1997, p. 933, § 1; Ga. L. 1997, p. 1453, § 1; Ga. L. 1998, p. 854, § 2; Ga. L. 1998, p. 908, § 1; Code 1981, § 15-11-70, as redesignated by Ga. L. 2000, p. 20, § 1; Ga. L. 2002, p. 1162, § 13; Ga. L. 2006, p. 293, § 3/HB 1145.