GA Code § 15-11-561 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 6 - Delinquency|Part 9 - Transfers|§ 15-11-561. Waiver of Juvenile Court Jurisdiction and Transfer to Superior Court

  After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that:   There is probable cause to believe that a child committed the alleged offense;   Such child is not committable to an institution for the developmentally disabled or mentally ill; and   The petition alleges that such child:   Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or   Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to an alleged victim who is not a public safety officer as such term is defined in Code Section 16-5-19.       At least three days prior to the scheduled transfer hearing, written notice shall be given to a child and his or her parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether such child is to be tried in the juvenile court or transferred for trial as an adult in superior court. A child may request and the court shall grant a continuance to prepare for the transfer hearing.   After consideration of a probation report, risk assessment, and any other evidence the court deems relevant, including any evidence offered by a child, the court may determine that because of the seriousness of the offense or such child's prior record, the welfare of the community requires that criminal proceedings against such child be instituted. The court shall also consider the criteria listed in subsection (a) of Code Section 15-11-562.   No child, either before or after reaching 17 years of age, shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order.     (Code 1981, §15-11-561, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 540, § 1-13/HB 361; Ga. L. 2017, p. 500, § 2-3/SB 160.)   Cross references.   - Duties of the clerk of the Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 2.2(a).   Editor's notes.   - Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"   Law reviews.   - For article suggesting upward adjustment to age 15 of the age of criminal responsibility and creation of a rebuttable presumption of adult accountability for youths aged 15 to 18, see 23 Mercer L. Rev. 341 (1972). For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 89 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For comment on J.W.A. v. State, 233 Ga. 683, 212 S.E.2d 849 (1975), see 27 Mercer L. Rev. 335 (1975).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Transfer Hearings   Procedure   Amenability to Treatment   Concurrent Jurisdiction    RESEARCH REFERENCES   Am. Jur. 2d.   - 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 10 et seq.   C.J.S.   - 43 C.J.S., Infants, § 141 et seq.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) § 34.   ALR.    - Jurisdiction of another court over child as affected by assumption of jurisdiction by juvenile court, 11 A.L.R. 147; 78 A.L.R. 317; 146 A.L.R. 1153.    Power of juvenile court to exercise continuing jurisdiction over infant delinquent or offender, 76 A.L.R. 657.   Possibility of rehabilitation as affecting whether juvenile offender should be tried as adult, 22 A.L.R.4th 1162.   Juvenile's guilty or no contest plea in adult court as waiver of defects in transfer or certification proceedings, 74 A.L.R.5th 453.