2021 Georgia Code
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
- 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). For comment, "Having an Affair May Shorten Your Life: The Ashley Madison Suicides," see 33 Georgia St. U. L. Rev. 455 (2017).
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).
RESEARCH REFERENCESWrongful Confinement to a Mental Health or Developmental Disabilities, 44 POF3d 217.
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 A.L.R.4th 519.
Appealability of state criminal court order requiring witness other than accused to undergo psychiatric examination, 17 A.L.R.4th 867.
Liability of doctor, psychiatrist, or psychologist for failure to take steps to prevent patient's suicide, 17 A.L.R.4th 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 A.L.R.4th 1274.
Hospital's liability for mentally deranged patient's self-inflicted injuries, 36 A.L.R.4th 117.
