Staff Analysis of the Legislation
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SB 271
seeks to amend Chapter 3 of Title 37 of the O.C.G.A. relating to examination
and treatment for mental illness. Revisions to Code Section 37-3-44
include written notice of habeas corpus or a protective order to the patient
both immediately upon arrival and as soon thereafter as reasonably possible
given a person’s condition or mental state at the time of arrival. Code Section 37-3-83 is revised to
include a new subsection (e) which explains that if within 40 days of an order
for involuntary treatment for an individual for whom discharge has been
planned, the chief medical officer determines discharge would now be unsafe,
the officer may execute a certificate to be filed with a petition for continued
involuntary treatment. Such officer shall serve the petition along with copes
of the updated individualized service plan on the Office of State
Administrative Hearings and shall also serve such documents on the person who
has mental illness as well as the person’s representatives. Subsection (f)
revises the days within notice from 10 to 5 within which the committee shall
meet to consider the matter of the officer’s intention to seek an order for
continued involuntary treatment. |