In the Interest of J. W.

O.C.G.A. § 15-11-40 b prohibited the grant of the juvenile's motion for early release, because he was already in custody of Department of Juvenile Justice and he based his motion on ground that ' "changed circumstances so require in the best interest of the child." '

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J. W., a minor, appeals the denial of his motion for early release from a youth development center, arguing that the juvenile court erred in ruling that it was prohibited by statute and controlling case authority from modifying its original order of commitment. For the reasons set forth below, we affirm. The record shows that on June 30, 2006, J. W. was adjudicated delinquent after admitting to the designated felony of aggravated assault with a deadly weapon. See OCGA § 15-11-63 a 2 B ii. He was initially placed on probation, but on August 21, 2006, his probation was revoked. On September 1, 2006, the juvenile court issued an order committing J. W. to the custody of the Department of Juvenile Justice the “Department” for five years and confining him to the restrictive custody of a youth development center for two of those years. See OCGA § 15-11-63 c. On October 3, 2007, after more than one year in restrictive custody, J. W. filed a motion for early release from the youth development center, arguing that early release was in his and the State’s best interests. The juvenile court held a hearing on J. W.’s motion for early release in November 2007, and on January 18, 2008, the court issued an order denying that motion on the ground that OCGA § 15-11-40 b and controlling precedent prohibited the court from modifying its original order of commitment. This appeal followed.

J. W. contends that the juvenile court erred in ruling that OCGA § 15-11-40 b prohibited it from granting his motion for early release. Specifically, J. W. argues that the juvenile court’s interpretation of OCGA § 15-1140 b rendered OCGA § 15-11-63 e 1 D and 2 C purposeless. We disagree.

In the Interest of J. W.

O.C.G.A. § 15-11-40 b prohibited the grant of the juvenile's motion for early release, because he was already in custody of Department of Juvenile Justice and he based his motion on ground that ' "changed circumstances so require in the best interest of the child." '

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