Georgia § 15-11-507 - Bail.

§ 15-11-507. Bail.

All children alleged to have committed a delinquent act shall have the same right to bail as adults. The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes, with the exception that applying for bail, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent act may only occur: At intake in accordance with Code Section 15-11-503; or At the detention hearing in accordance with Code Section 15-11-506. A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child: Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; Poses no significant threat or danger to any person, to the community, or to any property in the community; Poses no significant risk of committing any felony pending trial; and Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. If a child is accused of committing an act that would be a serious violent felony, as defined in Code Section 17-10-6.1, if committed by an adult and such child has previously been adjudicated for a delinquent act for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of such child as required or assure the safety of any other person or the community. Any person having legal custody or an adult blood relative or stepparent of an alleged delinquent child shall be entitled to post bail but shall be required immediately to return such child to the individual or entity having legal custody of such child. For the purposes of this Code section, the term "bail" shall include the release of a child on an unsecured judicial release as provided for in Code Section 17-6-12 . (Code 1981, § 15-11-507 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2020, p. 570, § 3-1/SB 402.) Prohibition against excessive bail, U.S. Const., amend. 8 and Ga. Const. 1983, Art. I, Sec. I, Para. XVII. Bonds and first appearance, Uniform State Court Rules, Rule 26.1. Bond hearings in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rules 9.1 and 9.2. The 2020 amendment, effective January 1, 2021, in subsection (f), substituted "release" for "releasing" and substituted "an unsecured judicial release as provided for in Code Section 17-6-12" for "his or her own recognizance". Cross references. - Bonds and recognizances, T. 17, C. 6.