07 LC 33
1667
House
Bill 37
By:
Representative Parham of the
141st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating
to jails, so as to provide that persons confined in jail who are under the care
and supervision of the Department of Human Resources for mental health reasons
are transferred from the jail to a mental health facility until trial; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is
amended by adding a new Code section to read as follows:
"42-4-6.1.
(a)
When any person in the custody or under the care and supervision for mental
health reasons of the Department of Human Resources or one of its mental health
facilities is confined in the common jail awaiting trial for any offense against
the penal laws of this state, the Department of Human Resources shall provide
for the person´s delivery to an institution or mental health facility as
may be approved and supported by the Department of Human Resources within 15
days of confinement in the common jail. He or she shall be delivered and
received in such institution or facility until a competency determination is
made pursuant to Part 2 of Article 6 of Chapter 7 of Title 17 or until a trial,
as applicable.
(b)
The period of time a person is confined in a hospital or institution pursuant to
subsection (a) of this Code section shall be credited upon any jail sentence
being served by him or her, in the same manner as though he or she had remained
in jail. Any person committed for any civil or criminal contempt shall remain
for all purposes under the orders, jurisdiction, and authority of the court
committing him or her for contempt while in the hospital or institution, in the
same manner as though he or she had remained in the common
jail."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.