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Rules and Regulations of the State of Georgia
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Subject 290-4-8 DISPOSITION OF GUILTY BUT MENTALLY ILL AND GUILTY BUT MENTALLY RETARDED OFFENDERS

Rule 290-4-8-.01 Definitions

(1) "Department" means Department of Human Resources, Division of Mental Health, Mental Retardation and Substance Abuse.
(2) "GDC" means the Department of Corrections which is the Georgia penal system.
(3) "Guilty but mentally ill" means a felony conviction of a defendant who was mentally ill at the time of the crime.
(4) "Mentally ill" means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. However, the term "mental illness" shall not include a mental state manifested only by repeated unlawful or antisocial conduct.
(5) "Guilty but mentally retarded" means a felony conviction of a defendant who is mentally retarded.
(6) "Mentally retarded" means having significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period.

Rule 290-4-8-.02 Purpose

The purpose of these Rules is to provide for the appropriate placement of an offender who has been found guilty but mentally ill or guilty but mentally retarded at the time of the crime.

Rule 290-4-8-.03 Applicability

These Rules shall apply to all facilities operated by the Department as defined in O.C.G.A. 37-2-2(7).

Rule 290-4-8-.04 Implementation

The Department is authorized to contract with GDC to implement these rules and to outline the specific responsibilities of each Agency.

Rule 290-4-8-.05 Procedure for Evaluation

When GDC notifies the Department that an offender has been found guilty but mentally ill or guilty but mentally retarded, the Department shall provide a staff psychiatrist or a licensed psychologist to evaluate the offender. Said psychiatrist or psychologist shall evaluate the offender's current mental status and determine whether or not immediate hospitalization is indicated. When an offender is found guilty but mentally retarded, the evaluator shall conduct a full individualized test of intelligence, including an assessment of adaptive behavior. The person who conducts the evaluation shall write a report of the evaluation including at least the following: brief mental health or mental retardation assessment, diagnostic impression, current regimen, recommendation for treatment or habilitation, and determination of need for immediate hospitalization. The psychiatrist or psychologist who makes the evaluation and writes the report shall send the report to the Commissioner of GDC or his designee in accordance with terms specifically outlined in the contract between the Department and GDC.

Rule 290-4-8-.06 Procedure for Hospitalization

Hospitalization is indicated if it is determined that the offender meets the criteria for involuntary commitment as defined in O.C.G.A. 37-3-1(9.1) or O.C.G.A. 37-4-40. The offender must also meet transfer guidelines as defined by policies and procedures of the GDC. After the notification by GDC, the Department shall receive said offender referred by GDC and transfer will be made in accordance with Division of Mental Health, Mental Retardation and Substance Abuse Policy Memorandum No. 1.400.

Rule 290-4-8-.07 Transfer to the Department of Corrections

When the treating physician determines that hospitalization is no longer indicated, he shall notify the Commissioner of GDC or his designee. The Department shall cooperate with GDC in the transfer of the guilty but mentally ill or guilty but mentally retarded offender from Central State Hospital to the penal facility designated by GDC.