06 LC
33 1078
Senate
Bill 398
By:
Senator Harp of the 29th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating
to proceedings upon a plea of insanity or mental incompetency at the time of a
crime, so as to change certain provisions relating to the
court́s
instructions; to revise procedures related to psychiatric evaluations of
defendants; to provide for a timeframe for forwarding the examination report to
the Department of Corrections; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-7-131 of the Official Code of Georgia Annotated, relating to
proceedings upon a plea of insanity or mental incompetency at the time of a
crime, is amended by striking subsections (b), (g), and (i) and inserting in
lieu thereof the following:
∀(b)(1)
In all cases in which the defense of insanity is interposed, the jury, or the
court if tried by it, shall find whether the defendant is:
(A)
Guilty;
(B)
Not guilty;
(C)
Not guilty by reason of insanity at the time of the crime;
(D)
Guilty but mentally ill at the time of the crime, but the finding of guilty but
mentally ill shall be made only in felony cases; or
(E)
Guilty but mentally retarded, but the finding of mental retardation shall be
made only in felony cases.
(2)
A plea of guilty but mentally ill at the time of the crime or a plea of guilty
but mentally retarded shall not be accepted until the defendant has undergone
examination by a licensed psychologist or psychiatrist and the court has
examined the psychological or psychiatric reports, held a hearing on the issue
of the
defendant́s
mental condition, and is satisfied that there is a factual basis that the
defendant was mentally ill at the time of the offense or mentally retarded to
which the plea is entered.
(2.1)
A plea of not guilty by reason of insanity at the time of the crime shall not be
accepted and the defendant adjudicated not guilty by reason of insanity by the
court without a jury until the defendant has undergone examination by a licensed
psychologist or psychiatrist and the court has examined the psychological or
psychiatric reports, has held a hearing on the issue of the
defendant́s
mental condition, and the court is satisfied that the defendant was insane at
the time of the crime according to the criteria of Code Section 16-3-2 or
16-3-3.
(3)
In all cases in which the defense of insanity is interposed, the trial judge
shall charge the jury, in addition to other appropriate charges, the
following:
(A)
I charge you that should you find the defendant not guilty by reason of insanity
at the time of the crime, the defendant will be committed to a state mental
health facility until such time, if ever, that the court is satisfied that he or
she should be released pursuant to law.
(B)
I charge you that should you find the defendant guilty but mentally ill at the
time of the crime, the defendant will be
given over
to
placed in the
custody of the Department of Corrections
or the
Department of Human Resources, as the mental condition of the defendant may
warrant
which will
have responsibility for the evaluation and treatment of the mental health needs
of the defendant, which may include, at the discretion of the Department of
Corrections, referral for temporary hospitalization at a facility operated by
the Department of Human
Resources.
(C)
I charge you that should you find the defendant guilty but mentally retarded,
the defendant will be
given over
to
placed in the
custody of the Department of
Corrections,
which will have responsibility for the evaluation and treatment of the mental
health needs of the defendant, which may include, at the discretion of the
Department of Corrections, referral for temporary hospitalization at a facility
operated by the Department of Human
Resources
or the
Department of Human Resources, as the mental condition of the defendant may
warrant.∀
∀(g)(1)
Whenever a defendant is found guilty but mentally ill at the time of a felony or
guilty but mentally retarded, or enters a plea to that effect that is accepted
by the court, the court shall sentence him
or
her in the same manner as a defendant
found guilty of the offense, except as otherwise provided in subsection (j) of
this Code section.
A defendant
who is found guilty but mentally ill at the time of the felony or guilty but
mentally retarded shall be evaluated by a psychiatrist or a licensed
psychologist from the Department of Human Resources after sentencing and prior
to transfer to a Department of Corrections facility. The Board of Human
Resources shall develop appropriate rules and regulations for the implementation
of such procedures.
(2)
If the
A
defendant who is found guilty but mentally ill at the time of the felony or
guilty but mentally retarded
is not in
need of immediate hospitalization, as indicated by the evaluation, then the
defendant shall be committed to an
appropriate penal facility and shall be
further
evaluated
and
then treated,
if
indicated, within the limits of state
funds appropriated therefor, in such manner as is psychiatrically indicated for
his or
her mental illness or mental
retardation.
(3)(2)
If at any time following the
defendant́s
transfer to
a penal facility
conviction as
a guilty but mentally ill or guilty but mentally retarded
offender it is determined that a
temporary
transfer to the Department of Human Resources is
psychiatrically
clinically
indicated for his
or her
mental illness or mental retardation, then
the defendant shall be transferred to the Department of Human Resources pursuant
to procedures set forth in regulations of the Department of Corrections and the
Department of Human Resources.
In all such
cases, the legal custody of the defendant shall be retained by the Department of
Corrections. Upon notification from the Department of Human Resources to the
Department of Corrections that hospitalization at a Department of Human
Resources facility is no longer clinically indicated for his or her mental
illness or mental retardation, the Department of Corrections shall transfer the
defendant back to its physical custody and shall place such individual in an
appropriate penal institution.
(4)
If it is determined by the evaluation that the defendant found guilty but
mentally ill at the time of the felony or guilty but mentally retarded is in
need of immediate hospitalization, then the defendant shall be transferred by
the Department of Corrections to a mental health facility designated by the
Department of Human Resources in accordance with rules and regulations of such
departments.∀
∀(i)
In any case in which the defense of insanity is interposed or a plea of guilty
but mentally ill at the time of the felony or a plea of guilty but mentally
retarded is made and an examination is made of the defendant pursuant to Code
Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon
the
defendant́s
being found guilty or guilty but mentally ill at the time of the crime or guilty
but mentally retarded, a copy of any such examination report shall be forwarded
to the Department of Corrections with the official sentencing document.
The Department
of Human Resources shall forward, in addition to its examination report, any
records maintained by such department that it deems appropriate pursuant to an
agreement with the Department of Corrections, within ten business days of
receipt by the Department of Human Resources of the official sentencing document
from the Department of
Corrections.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.