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In the Interest of C. M. B.

In an issue of first impression under the new Juvenile Code, the Court considered how to calculate the 72-hour period under O.C.G.A. § 15-11-521 subsection a during which the State must file a delinquency petition following a detention hearing, and concluded that the first day when the juvenile court signed the detention order does not count toward the calculation and intervening Saturdays and Sundays do not count toward the calculation.

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This case presents an issue of first impression under the new Juvenile Code – how to calculate the 72-hour period under OCGA § 15-11-521 a during which the State must file a delinquency petition following a detention hearing.

The facts are largely undisputed. On Thursday, February 5, 2015 at 1:00 p.m., the juvenile court signed an order detaining C. M. B. on various charges, and a delinquency petition was filed against him on Monday, February 9, 2015 at 1:24 p.m. At the ten-day hearing on February 18, 2015, C. M. B.’s attorney verbally moved to dismiss the petition and for the release of C. M. B. based on the fact that the petition was not filed by Sunday, February 8, 2015 at 1:00 p.m., which he asserted was mandated by the 72-hour rule under OCGA § 15-11-521 a. The trial court entered an order denying the verbal motion, finding that under OCGA § 15-11-5, the day C. M. B. was detained and the intervening weekend days were not included in calculating the 72-hour period. The trial court found, therefore, that the State had until Tuesday, February 10, 2015 to file its petition, and because the petition was filed on Monday, February 9, it was timely. The trial court later signed a certificate of immediate review of its order, and this appeal follows our grant of C. M. B.’s application for interlocutory appeal.

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