 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 37. MENTAL HEALTH |
|
|
Chapter 3. EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS |
| Article 1. GENERAL PROVISIONS |
| Article 2. HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS |
| Article 3. EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS |
| Article 4. PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY |
| Article 5. PAYMENT OF EXPENSES OF PATIENT CARE AND TRANSPORTATION GENERALLY |
| Article 6. RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY |
REFS & ANNOS
TITLE 37 Chapter 3 NOTE
CROSS REFERENCES. --Mental incompetency and dependency for juveniles, T. 15, C. 11, A. 4. Plea in criminal case that defendant was insane or mentally incompetent at time act committed or is mentally incompetent to stand trial, § 17-7-130 et seq. Protective services for abused, neglected, or exploited disabled adults, T. 30, C. 5. Reporting of abuse or exploitation of residents of long-term care facilities, § 31-8-80 et seq. Rights of persons residing in long-term care facilities generally, § 31-8-100 et seq. Licensing of applied psychologists, T. 43, C. 39.
ADMINISTRATIVE RULES AND REGULATIONS. --Rules and regulations on "Mental Health and Mental Retardation and Substance Abuse," Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Chapters 290-4-1 and 290-4-3 et seq.
Adult crisis stabilization units, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Behavioral Health and Developmental Disabilities, Chapter 82-3-1.
Children and adolescent crisis stabilization units, Official Compilation of the Rules and Regulations of the State or Georgia, Department of Behavioral Health and Disabilities, Chapter 82-4-1.
LAW REVIEWS. --For article, "Signing into Heaven: Zinermon v. Burch, Federal Rights, and State Remedies Thirty Years After Monroe v. Pape," see 40 Emory L.J. 1 (1991).
For note on commitment and release of persons found not guilty by reason of insanity, see 15 Ga. L. Rev. 1065 (1981).
JUDICIAL DECISIONS
RETENTION OF JURISDICTION BY COURT WHEN DEFENDANT COMMITTED AFTER PLEA OF INSANITY. --When the defendant enters a plea of not guilty by reason of insanity, which is accepted, and the court commits the defendant to a hospital for treatment, the committing court retains jurisdiction of the acquitted-committed defendant. Moses v. State, 167 Ga. App. 556, 307 S.E.2d 35 (1983), overruled on other grounds, Nagel v. State, 262 Ga. 888, 427 S.E.2d 490 (1993).
COMMITMENT OF PRETRIAL DETAINEE. --Superior court has authority to civilly commit a pretrial detainee who is incompetent to stand trial, as long as the court utilizes the criteria and procedures set forth in Chapter 3 of Title 37 in making the court's decision. Department of Human Resources v. Long, 217 Ga. App. 763, 458 S.E.2d 914 (1995).
CITED in Whitfield v. State, 158 Ga. App. 660, 281 S.E.2d 643 (1981); Clayton v. State, 160 Ga. App. 908, 288 S.E.2d 621 (1982); Benham v. Ledbetter, 609 F. Supp. 125 (N.D. Ga. 1985), aff'd, 785 F.2d 1480 (1986).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Wrongful Confinement to a Mental Health or Developmental Disabilities, 44 POF3d 217.
Am. Jur. Trials. --Incompetency and Commitment Proceedings, 8 Am. Jur. Trials 483.
Representing the Mentally Ill: Civil Commitment Proceedings, 26 Am. Jur. Trials 97.
ALR. --Physical or mental illness as basis of dismissal of student from school, college, or university, 17 ALR4th 519.
Appealability of state criminal court order requiring witness other than accused to undergo psychiatric examination, 17 ALR4th 867.
Liability of doctor, psychiatrist, or psychologist for failure to take steps to prevent patient's suicide, 17 ALR4th 1128.
Power of court, in absence of statute, to order psychiatric examination of accused for purpose of determining mental condition at time of alleged offense, 17 ALR4th 1274.
Hospital's liability for mentally deranged patient's self-inflicted injuries, 36 ALR4th 117.
ADMINISTRATIVE RULES AND REGULATIONS. --Rules and regulations on "Mental Health and Mental Retardation and Substance Abuse," Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Chapters 290-4-1 and 290-4-3 et seq.
Adult crisis stabilization units, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Behavioral Health and Developmental Disabilities, Chapter 82-3-1.
Children and adolescent crisis stabilization units, Official Compilation of the Rules and Regulations of the State or Georgia, Department of Behavioral Health and Disabilities, Chapter 82-4-1.
LAW REVIEWS. --For article, "Signing into Heaven: Zinermon v. Burch, Federal Rights, and State Remedies Thirty Years After Monroe v. Pape," see 40 Emory L.J. 1 (1991).
For note on commitment and release of persons found not guilty by reason of insanity, see 15 Ga. L. Rev. 1065 (1981).
JUDICIAL DECISIONS
RETENTION OF JURISDICTION BY COURT WHEN DEFENDANT COMMITTED AFTER PLEA OF INSANITY. --When the defendant enters a plea of not guilty by reason of insanity, which is accepted, and the court commits the defendant to a hospital for treatment, the committing court retains jurisdiction of the acquitted-committed defendant. Moses v. State, 167 Ga. App. 556, 307 S.E.2d 35 (1983), overruled on other grounds, Nagel v. State, 262 Ga. 888, 427 S.E.2d 490 (1993).
COMMITMENT OF PRETRIAL DETAINEE. --Superior court has authority to civilly commit a pretrial detainee who is incompetent to stand trial, as long as the court utilizes the criteria and procedures set forth in Chapter 3 of Title 37 in making the court's decision. Department of Human Resources v. Long, 217 Ga. App. 763, 458 S.E.2d 914 (1995).
CITED in Whitfield v. State, 158 Ga. App. 660, 281 S.E.2d 643 (1981); Clayton v. State, 160 Ga. App. 908, 288 S.E.2d 621 (1982); Benham v. Ledbetter, 609 F. Supp. 125 (N.D. Ga. 1985), aff'd, 785 F.2d 1480 (1986).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Wrongful Confinement to a Mental Health or Developmental Disabilities, 44 POF3d 217.
Am. Jur. Trials. --Incompetency and Commitment Proceedings, 8 Am. Jur. Trials 483.
Representing the Mentally Ill: Civil Commitment Proceedings, 26 Am. Jur. Trials 97.
ALR. --Physical or mental illness as basis of dismissal of student from school, college, or university, 17 ALR4th 519.
Appealability of state criminal court order requiring witness other than accused to undergo psychiatric examination, 17 ALR4th 867.
Liability of doctor, psychiatrist, or psychologist for failure to take steps to prevent patient's suicide, 17 ALR4th 1128.
Power of court, in absence of statute, to order psychiatric examination of accused for purpose of determining mental condition at time of alleged offense, 17 ALR4th 1274.
Hospital's liability for mentally deranged patient's self-inflicted injuries, 36 ALR4th 117.