---
title: O.C.G.A. § 37-7-95. Discharge of patients under criminal charges.
collection: code
id: 37-7-95
cite_as: O.C.G.A. § 37-7-95 (2025)
canonical_url: https://georgiacommons.org/code/37-7-95
md_url: https://georgiacommons.org/code/37-7-95.md
text_url: https://georgiacommons.org/code/37-7-95/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=318
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MENTAL HEALTH / HOSPITALIZATION AND TREATMENT OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS / EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS / OUTPATIENT TREATMENT
---

# O.C.G.A. § 37-7-95. Discharge of patients under criminal charges.

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, § 37-7-95, enacted by Ga. L. 1986, p. 1098, § 10; Ga. L. 2000, p. 1589, § 3.

## 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.