Loading chat...
GA SB391
Bill
Status
Engrossed
3/11/2010
Primary Sponsor
Jack Hill
Click for details
AI Summary
- Amends Georgia Code Section 17-7-130 to establish specific procedures for children (persons under superior court jurisdiction per Code Section 15-11-28) who are found mentally incompetent to stand trial in criminal cases
- Authorizes the Department of Behavioral Health and Developmental Disabilities to place children found incompetent to stand trial in a secure hospital or secure community facility designated by the department, rather than following the standard adult transfer process
- Adds new definitions to the statute, including "child," "developmental disability," and revised definitions of "inpatient" and "outpatient" as applied to children, specifying these terms cover children who are mentally ill or have a developmental disability and need involuntary placement
- Exempts children from the standard process of referral to probate court for civil commitment proceedings under Title 37 when criminal charges are dismissed, creating a separate pathway for juvenile defendants
- Retains the existing framework for nonviolent and misdemeanor offenses allowing outpatient evaluation and bail eligibility, while ensuring that any civil commitment of a child defendant includes placement authority for the Department of Behavioral Health and Developmental Disabilities in secure facilities
Legislative Description
Proceedings; provide for certain children found incompetent to stand trial
Last Action
House Committee Favorably Reported
4/27/2010
Committee Referrals
Judiciary - Non-Civil3/16/2010
Judiciary2/9/2010
Full Bill Text
No bill text available