Guide for Designated Felonies
CLASS A DESIGNATED FELONIESCommitment up to 60 months (restrictive custody [in secure facility] as determined by court, intensive supervision following confinement not to exceed 12 months)(OCGA §15-11-602 (c))
Youths in this category are not eligible for DJJ “Step Down” Program.
Juvenile Code Section: / Offense Name and Description / Criminal Code Section
15-11-2(12)
(A) / Aggravated Assault / 16-5-21
w/ intent to murder, rape, rob / (b)(1)
w/ deadly weapon or other instrument which actually does result in serious bodily injury / (b)(2)
involving strangulation / (b)(3)
involving discharge of firearm out of motor vehicle toward person(s) / (b)(4)
victim is peace officer / (d)
victim is 65+ years old / (e)
victim is correctional officer / (f)
w/ firearm, victim is school personnel (teacher, student, etc.), in a school-related location / (j)
victim is officer of the court engaged in his or her duties / (m)
(B) / Aggravated Battery / 16-5-24
(C) / Armed Robbery w/o firearm / 16-8-41(a)
(D) / Arson, 1st Degree / 16-7-60
knowingly / (a)
in commission of a felony / (b)
(E) / Attempted murder / 16-4-1, 16-5-1
(F) / Escape, w/ prior adjudication of Class A or B designated felony / 16-10-52
(G) / Hijacking a motor vehicle / 16-5-44.1(b)
(G.1) / Home invasion, 1st degree / 16-7-5(b)
(H) / Kidnapping / 16-5-40(a)
(I) / Participating in criminal gang activity (non-graffiti/tagging) in violation of 16-15-4 / 16-15-3(1)
Any offense defined as racketeering activity byCode Section 16-14-3 / (A)
Any offense defined in Article 7 of Chapter 5 of Title 16, relating to stalking / (B)
Any offense defined inCode Section 16-6-1as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery / (C)
Any offense defined in Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement / (D)
Any offense defined in Article 4 of Chapter 11 of Title 16, relating to dangerous instrumentalities and practices / (E)
Any offense defined inCode Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities / (F)
Any offense defined inCode Section 49-4A-11, relating to aiding or encouraging a child to escape from custody / (G)
Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. / (J)
(J) / Trafficking drugs
Trafficking in cocaine, illegal drugs, marijuana, methamphetamine / 16-13-31
Trafficking in ecstasy / 16-13-31.1
(K) / A violation of Chapter 5 (offense against person) or 6 (sex offense) of Title 16, if the offender has 3 prior adjudications (arising from separate and distinct transactions) that would be felonies if committed by an adult.
(L) / A 4thviolation of any chapter of Title 16, if the offender has 3 prior adjudications (arising from separate and distinct transactions) that would be felonies if committed by an adult, with at least 1being a violation of Chapters 5 (offense against person) or 6 (sex offense).
See also OCGA §15-11-56(e)(2): transfer of SB 440 offenses to Juvenile Court to be treated as a Class A designated felony.
CLASS B DESIGNATED FELONIES
Juvenile Code Section: / Commitment up to 36 months and the Court may require:
High or Moderate Risk: up to 18 mos restrictive custody; but if Court orders secure facility, youth is eligible for DJJ “step-down” to nonsecure residential facility after ½ of restrictive custody time.
Low Risk: up to 18 mos in nonsecure residential facility,
All: Upon release from restrictive custody, intensive supervision not to exceed 6 mos. / Criminal Code Section
15-11-2(13)
(A) / Aggravated Assault / 16-5-21
w/ deadly weapon or other instrument and did not cause serious bodily injury / (b)
in public transit vehicle or station / (g)
theft of commercial vehicle by taking (16-8-2) / (h)
involving domestic violence / (k)
(B) / Arson, 2nd degree / 16-7-61
(C) / Attempted kidnapping / 16-4-1, 16-5-40(a)
(D) / Battery, victim is teacher or other school personnel / 16-5-23.1
(E) / Racketeering / 16-14-4
(F) / Robbery / 16-8-40(a)
(F.1) / Home invasion, 2nd degree / 16-7-5(c)
(G) / Participating in criminal gang activity (graffiti/tagging, etc.) in violation of 16-15-4 / 16-15-3(1)(H)
(H) / Smash and grab burglary / 16-7-2(b)
(I) / Poss, Manuf, Trans, Dist, Poss w/ intent to distribute explosive device / 16-7-82
(J) / Distribution of certain materials to person(s) under 21 years / 16-7-84
(K) / Theft offense involving motor vehicle after prior adjudication(s) of separate theft offense(s) / 16-8-2, et seq.
(L) / Subsequent violation involving hoax device (16-7-85) or involving interference with officers (16-7-87) after prior adjudication(s) based on either Code Section / 16-8-85, -87
(M) / Second or subsequent violation involving possession of a firearm while under 18 years of age / 16-11-132
(N) / Carrying weapons within school safety zones/functions/bus/transportation:
After 7/1/2015,only If: (1) it involves a machinegun or other dangerous weapon defined in OCGA 16-11-121; or (2) involves a weapon defined in OCGA 16-11-127.1 coupled with assault; or (3) this is a 2nd or subsequent adjudication / 16-11-127.1
(O) / A violation of any Chapter of Title 16 other than Chapter 5 (offense against person) or 6 (sex offense) if the offender has 3 prior adjudications (arising from separate and distinct transactions) that would be felonies if committed by an adult, which were violations of any Chapter of Title 16 other than Chapter 5 (offense against person) or 6 (sex offense).
Georgia Juvenile Justice Dispositional MatrixR: 07/03/2013
Offense Severity Class / Risk LevelHigh / Medium / Low
Class A: Designated Felony / Commit to DJJ
24 months in YDC plus
12 months intensive supervision / Commit to DJJ
12months in YDC plus
9 months intensive supervision / Probate or
Commit to DJJ
6 to 9 months in YDC plus
6 months intensive supervision
Class B: Designated Felony / Commit to DJJ
12 months confinement plus
6 months intensive supervision / Commit to DJJ
6 to 9 months confinement plus
6 months intensive supervision / Probate
6 months intensive supervision
Serious Felony* / Probate w/ STP (0 to30 days) or
Commit to DJJ / Probate w/ STP (0 to 30 days) or
Commit to DJJ / Probate
6 months supervision
Other Felony
(not designated felony)
or
Misdemeanor With Exception** / Probate for 24 months
If DJJ commitment: 24 months supervision;
eligible for administrative caseload/termination after 12 months / Probate for 18 months
If DJJ commitment: 24 months supervision;
eligible for administrative caseload/termination after 6 months / Probate for 12 months
If DJJ commitment: 24 months supervision;
eligible for administrative caseload/termination after 3 months
Misdemeanor / Supervised probation 12 months;
eligible for termination at 6 months or
refer to restorative justice practice or
refer to services / Supervised probation for 6 months or refer to restorative justice practice or
counsel and release / Court-involved: Judicial reprimand
refer to restorative justice practice
Not court-involved: Counsel and release or informal adjustment (diversion)
*Serious felony includes occupied residential burglary; vehicular homicide; felony obstruction of an officer with injury; criminal damage to property in first degree- endangered the life of another; and possession of controlled substance with intent to distribute- second or higher offense.
**Misdemeanor with exception means that the youth has four prior adjudications (four separate incidents/dates), one of which was a felony.