Committing court has exclusive jurisdiction to hear petition.

- Committing court for a not guilty by reason of insanity defendant has exclusive jurisdiction to hear petition for judicial protection of rights when the defendant seeks a modification of treatment involving off-campus privileges. Ledbetter v. Cannon, 192 Ga. App. 392, 384 S.E.2d 875 (1989).

Exhaustion of remedies not required before seeking habeas relief.

- Because an involuntary detainee is specifically granted the right to seek habeas relief "at any time" by § 37-3-148, exhaustion of remedies is not required before a person involuntarily committed to a mental health facility following an acquittal by reason of insanity may seek habeas relief. Hogan v. Nagel, 273 Ga. 577, 543 S.E.2d 705 (2001).

Involuntary detainee is not required to exhaust remedies available under the criminal procedure code, pursuant to O.C.G.A. § 17-7-131(f), prior to seeking habeas relief pursuant to O.C.G.A. § 37-3-148(a). Hogan v. Nagel, 276 Ga. 197, 576 S.E.2d 873 (2003).

Habeas relief properly sought for involuntarily detained patient.

- Trial court did not exceed the court's authority by granting a writ of habeas corpus, pursuant to O.C.G.A. § 9-14-19, to an involuntary detainee who had been committed to a state hospital upon a finding of not guilty by reason of insanity in the deaths of the detainee's grandparents and ordering that the state hospital officials prepare a plan for supervision and outpatient services upon the detainee's release; the detainee was entitled to seek relief by that route, pursuant to O.C.G.A.37-3-148(a), or by seeking a release petition pursuant to O.C.G.A. § 17-7-131(f). Hogan v. Nagel, 276 Ga. 197, 576 S.E.2d 873 (2003).

Petition for unconditional release denied.

- Patient, who was involuntarily committed to a hospital after the patient was found not guilty by reason of insanity of several crimes, was not entitled to an unconditional release from the hospital because the patient, who had to take medication, had engaged in dangerous or threatening acts towards others, the patient's personality disorders and the patient's schizo-affective disorder qualified as mental illnesses under O.C.G.A. § 37-1-1(12), and the patient's schizo-affective disorder also would have made the defendant an imminent threat of harm to others if the defendant was unconditionally released. Dupree v. Schwarzkophf, Ga. , S.E.2d (June 27, 2011).

ALR.

- Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A.L.R. 715.

Habeas corpus on ground of restoration to sanity of one confined as an incompetent other than in connection with crime, 21 A.L.R.2d 1004.

Constitutional right to jury trial in proceeding for adjudication of incompetency or insanity or for restoration, 33 A.L.R.2d 1145.

Right, without judicial proceeding, to arrest and detain one who is, or is suspected of being, mentally deranged, 92 A.L.R.2d 570.

Validity of statutory provision for commitment to mental institution of one acquitted of crime on ground of insanity without formal determination of mental condition at time of acquittal, 50 A.L.R.3d 144.