17-12-87
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17-12-87.
(a)
Whenever any person has been found not guilty by reason of insanity at the time
of the crime pursuant to Code Section 17-7-131 and has been determined to be
indigent, as provided in Article 1 of this chapter, the court in which such
charges are pending shall notify the office and the office may assume the
defense and representation of such persons in all matters pursuant to Code
Section 17-7-131 if the resources, funding, and staffing of the office allow;
provided, however, that the circuit public defender or other attorney who
represented the indigent at the time of the finding of not guilty by reason of
insanity at the time of the crime shall have the option to retain responsibility
for the representation of any such person.
(b)
Nothing in this Code section shall prevent the circuit public defender, the
court, or the court appointed attorney from requesting the participation of the
office prior to a finding of not guilty by reason of insanity at the time of the
crime. The circuit public defender, the court, or the court appointed attorney
may request that the office assist in the case prior to a plea being entered and
accepted by the court.
(c)
If for any reason the office is unable to represent any indigent person found
not guilty by reason of insanity at the time of the crime, such representation
shall be provided as otherwise provided by law.