Rule 125-4-5-.04: Guilty But Mentally Ill

Individuals sentenced as "guilty but mentally ill" shall be further evaluated and then treated, if necessary, within the limits of the State funds appropriated therefor. Treatment may be provided by the Department of Human Resources after transfer pursuant to procedures set forth in regulations of this Department and the Department of Human Resources.

(a) If a defendant who is found "guilty but mentally ill" at the time of a felony is placed on probation under the "Statewide Probation Act", the court may require that the defendant undergo available out-patient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees.

(b) Offenders who are found "guilty but mentally ill" and placed on probation but subsequently revoked will retain their "guilty but mentally ill" status upon entering the D.O.C. prison system and will be processed in the same manner as "guilty but mentally ill" offenders who are initially sentenced to the D.O.C. prison system.

Cite as Ga. Comp. R. & Regs. R. 125-4-5-.04

Authority: Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; Ga. L. 1978, p. 1647 (O.C.G.A. 42-2-11 ); Ga. L. 1956, pp. 161, 171; 1964, pp. 489, 490; 1968, p. 1399; 1969, p. 602; 1971, pp. 435, 436; 1972, p. 582; 1973, pp. 1297, 1298, 1299; Ga. L. 1979, p. 376; Ga. L. 1981, p. 1434 (O.C.G.A. 42-5-51 ); Ga. L. 1956, pp. 161, 174; 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53 ); Ga. L. 1972, p. 838 (O.C.G.A. 42-5-6 ); Ga. L. 1982, p. 1476, (O.C.G.A. 17-7-131 ); Ga. L. 1960, p. 234 (O.C.G.A. 42-5-52 ); Ga. L. 1980, p. 675 (O.C.G.A. 45-10-20 ).

History. Original Rule, entitled "Guilty But Mentally Ill," filed as Rule 415-4-5-.04 on November 14, 1984; effective December 4, 1984, renumbered as Rule 125-4-5-.04. Filed June 28, 1985; effective July 20, 1985, as specified by the Agency.