Official Code of Georgia Annotated

Title 37. MENTAL HEALTH · Chapter 3. EXAMINATION, TREATMENT, ETC., FOR MENTAL ILLNESS · Article 3. EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS · Part 1. EMERGENCY RECEIVING FACILITIES FOR EXAMINATION OF PERSONS APPREHENDED PURSUANT TO PHYSICIAN’S CERTIFICATE, COURT ORDER, ETC.

37-3-44. Giving person and representatives notice of their rights upon admission to emergency receiving facility.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Immediately upon arrival of a person at an emergency receiving facility under Code Section 37-3-43 or as soon thereafter as reasonably possible given a person’s condition or mental state at the time of arrival, the facility shall give the person written notice of his or her right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the person who has mental illness that he or she has a right to legal counsel and that, if the person is unable to afford counsel, the court will appoint counsel.#
(b)
The notice informing the person’s representatives of such person’s hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 88-504.6, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 1098, § 2; Ga. L. 2016, p. 313, § 1/SB 271.

Cross references

Arrest of persons, T. 17, C. 4.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, page 160; merge action: carried; file SHA-256 4eed692485f5.

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