Compilation of Rules and Regulations of the State of Georgia Department 97 - DEPARTMENT OF JUVENILE JUSTICE
Here’s an enhanced summary of the Compilation of Rules and Regulations of the State of Georgia – Department 97 (Juvenile Justice), based on the official Georgia Code of Regulations and other sources:
📜 Administrative History and Structure
Department 97 covers regulations of the Georgia Department of Juvenile Justice. (rules.sos.ga.gov, law.cornell.edu)
Initially formed in 1992, with key chapters adopted and later amended:
Chapter 97‑1: Rules of general applicability
Chapter 97‑2: Administrative revocation procedures
Chapter 97‑3: (Repealed)
Chapter 97‑4: Grant programs
Chapter 97‑5: Transfer of community supervision cases (rules.sos.ga.gov)
📘 Chapter 97‑1: Rules of General Applicability
Rule 97‑1‑.01 – Board Composition
15 members appointed by the Governor (with Senate approval)
Representation: 1–2 per congressional district
Staggered initial terms (1–5 years), followed by 5‑year renewals
Monthly meetings in Atlanta; quorum = 8 members (rules.sos.ga.gov, law.cornell.edu)
Rule 97‑1‑.02 – Authority
Outlines the Board’s statutory responsibilities:
Rehabilitation oversight
Technical assistance for prevention
Use of evidence‑based assessments
Adoption of internal regulations and facility oversight (rules.sos.state.ga.us, rules.sos.state.ga.us)
Rule 97‑1‑.03 – Definitions
Clarifies key terms: “Board,” “Delinquent child or youth,” “Commissioner,” “Restrictive custody,” etc. (georgiaarchives.as.atlas-sys.com, rules.sos.state.ga.us)
Rule 97‑1‑.04 – Commissioner
Appointment/removal of the Commissioner by the Board (with Gov approval)
Authority to oversee operations, including housing the director onsite (rules.sos.state.ga.us)
Rule 97‑1‑.05 – Adoption of Regulations
Commissioner proposes rules to the Board
Enforced using Georgia Administrative Procedure Act processes (rules.sos.state.ga.us, law.cornell.edu)
Rule 97‑1‑.06 – Info Requests
Written requests directed to Georgia DJJ, Office of Legal Services (rules.sos.ga.gov, rules.sos.state.ga.us)
Rule 97‑1‑.07 – Record Inspection
Most records are non-public; specific policy documents available at DJJ offices during business hours (rules.sos.ga.gov)
🔒 Chapter 97‑2: Administrative Revocation of Community Placement
Detailing the administrative process when a youth allegedly violates placement terms:
97‑2‑.01 – Definitions
Key terms defined: “Administrative Revocation,” “Trial Period” (≤60 days), “Preliminary Hearing,” “Final Revocation Hearing,” etc. (rules.sos.ga.gov)
97‑2‑.02 – Provisions
Grounds for revocation (violations of written conditions or delinquent acts)
No revocation required during the initial trial period (rules.sos.ga.gov)
97‑2‑.03 – Preliminary Procedures
Filing of violation report
24‑hour notice requirement
Optional 72‑hour pre-hearing detention
Preliminary hearing to establish probable cause
Waiver capability by youth or guardian (rules.sos.ga.gov, rules.sos.state.ga.us)
97‑2‑.04 – Final Hearing Procedures
24‑hour notice for final hearing
Administrative Law Judge (via Office of State Administrative Hearings) presides
Decisions based on “preponderance of the evidence”
Appeal rights (within 30 days to commissioner, then in superior court) (rules.sos.ga.gov)
97‑2‑.05 – Hearing Officers
Preliminary hearings by Department appointees; final hearings by state administrative judges (rules.sos.ga.gov)
97‑2‑.06 – Timelines
Preliminary hearing within 72 hrs if detained; otherwise within 10 working days
Final hearing within 10 working days (detained) or 20 working days (non-detained) (rules.sos.state.ga.us, rules.sos.ga.gov)
97‑2‑.07 – Attorneys
Youth may be represented for final hearings
Court-appointed counsel provided if indigent and representation is necessary based on specified criteria (rules.sos.ga.gov)
97‑2‑.08 – Other Care Plan Changes
Any non-institutional change requiring more restrictions must involve youth and parent consultation, opportunity to present evidence, and written outcome
📝 Chapter 97‑3: Repealed
Originally covered “Transfer of at-risk youth to Department of Corrections.”
Emergency rules until replaced by Chapter 97‑3 (1993–1994), later repealed in 1997 (rules.sos.ga.gov)
💵 Chapter 97‑4: Grant Programs
Contains rule 97‑4‑.01 outlining grant administration by the Department (rules.sos.state.ga.us)
🔄 Chapter 97‑5: Transfer of Community Supervision
Rules 97‑5‑.01 & .02 (adopted August 2016) govern the transfer of youth from DJJ custody to the Department of Community Supervision, particularly for 17‑year‑olds with serious felonies (rules.sos.state.ga.us)
✅ In summary
Department 97 establishes:
Governance and operational oversight (via Board and Commissioner)
Definitions and standards for lawful administrative procedures
Detailed protocols for revoking community placements
Criteria for hearings, attorney representation, and appeals
Grant management and inter-agency youth transitions
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