O.C.G.A.

O.C.G.A. § 37-3-95 (2019)

Discharge of patients under criminal charges

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail or statutory overnight delivery, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge.

History

Code 1981, § 37-3-95, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 2000, p. 1589, § 3.

Annotations

Editor’s notes. - 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.

JUDICIAL DECISIONS Failure to comply did not give rise to medical malpractice claim. - Trial court erred in construing Count II of the Third Complaint as a medical malpractice claim as the failure to comply with statutory notification and discharge requirements, pursuant to O.C.G.A. §§ 37-3-4, 37-3-24, and 37-3-95, did not involve the exercise of professional judgment or the

care or treatment of the patient and, thus, that count was not subject to the medical malpractice statute of repose or the expert affidavit statute. Curles v. Psychiatric Solutions, Inc., 343 Ga. App. 719, 808 S.E.2d 237 (2017), cert. denied, No. S18C0519, 2018 Ga. LEXIS 181 (Ga. 2018), cert. denied, No. S18C0520, 2018 Ga. LEXIS 182 (Ga. 2018).

ARTICLE 4 PLACEMENT, TRANSFER, AND TRANSPORTATION OF PATIENTS GENERALLY

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Harriet Curles v. Psychiatric Solutions, Inc., 808 S.E.2d 237 (Ga. Ct. App. 2017).

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Harriet Curles v. Psychiatric Solutions, Inc., 808 S.E.2d 237 (Ga. Ct. App. 2017). · cites it 2× “OCGA § 37-3-95 provides in part that: [A] patient under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.