2025 Code of Georgia
Title 37 - Mental Health (Chs. 1 — 13)
Chapter 3 - Examination, Treatment, etc., for Mental Illness (Arts. 1 — 7)

Annotations

JUDICIAL DECISIONS

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 Ga. App. LEXIS 2547 (1983).

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 O. C. G. A. § 37-3-1 et seq. in making the court’s decision. Department of Human Resources v. Long, 217 Ga. App. 763, 458 S. E.2d 914, 1995 Ga. App. LEXIS 581 (1995).

Research References & Practice Aids

Evaluation regarding mental competency to stand trial, Ga. Unif. Super. Ct. 31.4, Ga. Unif. Magistrate Ct. 28.5.

Evaluation regarding degree of criminal responsibility or insanity, Ga. Unif. Super. Ct. 31.5.

Mental incompetency and dependency for juveniles, § 15-11-1 et seq.

Mental competency proceedings for juveniles, § 15-11-650 et seq.

Insanity and mental incompetency, § 17-7-128 et seq.

Disabled Adults and Elder Persons Protection Act, § 30-5-1 et seq.

Abuse or exploitation of residents in long-term care facilities, § 31-8-80 et seq.

Bill of rights for residents of long-term care facilities, § 31-8-100 et seq.

Psychologists generally, § 43-39-1 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, Rule 82-3-1-.01 et seq.

Child and Adolescent Crisis Stabilization Units, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Behavioral Health and Developmental Disabilities, Rule 82-4-1-.01 et seq.

Treatment, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Behavioral Health and Developmental Disabilities, Patient's Right, Rule 82-5-1-.03.

Emergency Receiving, Evaluating and Treatment Facilities, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Behavioral Health and Development Disabilities, Rule 82-8-1-.01 et seq.

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 Ga. St. U. L. Rev. 455 (2017).

Wrongful 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.

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.

O. C. G. A. Title 37