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Call Now: 904-383-7448(Ga. L. 1874, p. 91, § 1; Code 1882, § 1344a; Ga. L. 1884-85, p. 61, § 1; Civil Code 1895, § 1416; Civil Code 1910, § 1578; Ga. L. 1931, p. 7, § 41; Code 1933, § 35-206; Ga. L. 1953, Nov.-Dec. Sess., p. 308, §§ 1, 2; Ga. L. 1958, p. 697, § 11; Ga. L. 1960, p. 837, § 11; Code 1933, § 88-511, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-506.7, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1977, p. 1293, § 10; Code 1933, § 88-506.6, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 1098, § 4; Ga. L. 1991, p. 1059, § 3; Ga. L. 2000, p. 1589, § 3.)
- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
Determination that a patient met former Code 1933, § 88-506.2 (see O.C.G.A. § 37-3-80) criteria was not an adjudication that the patient was mentally competent at the time of the trial of understanding the nature and object of the proceedings going on against the patient, and rightly comprehends the patient's own condition in reference to such proceedings, and is capable of rendering the patient's attorneys such assistance as a proper defense to the indictment preferred against the patient demands. Rather, one who was previously adjudicated incompetent to stand trial, is entitled to have the issue of present competency determined prior to standing trial. Gibbs v. State, 235 Ga. 480, 220 S.E.2d 254 (1975), cert. denied, 424 U.S. 924, 96 S. Ct. 1134, 47 L. Ed. 2d 333 (1976).
- Assuming that previous commitment as "a mentally ill person and in need of hospitalization in a psychiatric hospital" raised a counter presumption to the rebuttable presumption of "sound mind and discretion," the administrative release from hospitalization cancelled any previously existing presumption of insanity, leaving a presumption of sanity, which was rebuttable. Hodges v. State, 257 Ga. 818, 364 S.E.2d 275 (1988).
Cited in Brackett v. State, 227 Ga. 493, 181 S.E.2d 380 (1971); Gilbert v. State, 235 Ga. 501, 220 S.E.2d 262 (1975); Graham v. State, 236 Ga. 378, 223 S.E.2d 803 (1976).
- Necessity and sufficiency of statements informing one under investigation for involuntary commitment of right to remain silent, 23 A.L.R.4th 563.
Right to notice and hearing prior to revocation of conditional release status of mental patient, 29 A.L.R.4th 394.
shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(Code 1981, §37-3-90, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 1992, p. 1902, § 8; Ga. L. 1995, p. 612, § 1.)
- For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 258 (1995). For comment, "1986 Amendments to Georgia's Mental Health Statutes: The Latest Attempt to Provide a Solution to the Problem of the Chronically Mentally Ill," see 36 Emory L.J. 1313 (1987).
Cited in Bruscato v. Gwinnett-Rockdale-Newton Cmty. Serv. Bd., 290 Ga. App. 638, 660 S.E.2d 440 (2008).
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2023-02-21
Snippet: discharged from involuntary hospitalization[.]”); 37-3-85 (providing for regular review of service plans
Court: Supreme Court of Georgia | Date Filed: 1988-07-13
Citation: 369 S.E.2d 902, 258 Ga. 428, 1988 Ga. LEXIS 325
Snippet: former Code Ann. § 88-506.7 is located at OCGA § 37-3-85. [4] Gilbert, supra, 235 Ga., spoke in terms of
Court: Supreme Court of Georgia | Date Filed: 1988-02-12
Citation: 364 S.E.2d 275, 257 Ga. 818, 1988 Ga. LEXIS 56
Snippet: administrative release from hospitalization under OCGA § 37-3-85 cancelled any previously existing presumption of
Court: Supreme Court of Georgia | Date Filed: 1987-05-06
Citation: 356 S.E.2d 196, 257 Ga. 88, 1987 Ga. LEXIS 735
Snippet: administrative release from hospitalization under OCGA § 37-3-85 cancelled any previously existing presumption of
Court: Supreme Court of Georgia | Date Filed: 1984-01-31
Citation: 311 S.E.2d 473, 252 Ga. 135
Snippet: administrative release from hospitalization under (OCGA § 37-3-85 (Code Ann. § 88-506.6)) cancelled a previously