GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 125-4-5 MENTAL HEALTH SERVICES

Rule 125-4-5-.01 Responsibility

When a person is committed to a correctional institution and diagnosed as having mental disorder, it is the responsibility of the Department to provide necessary mental health care for the inmate. Treatment and services as described in this chapter shall be administered by a Director of Mental Health who shall be appointed by the Commissioner. The Director shall develop and coordinate such services with appropriate Department personnel and other state agencies. An inmate, his or her family, or other individuals shall not be required to pay any portion of the fee or expenses for the inmate's mental health treatment. An inmate on work release status may be required to contribute to outpatient mental health care obtained in the community pursuant to his (her) work release plan and in accordance with current policies and procedures applicable to inmates on work release status.

Rule 125-4-5-.02 Scope of Services

Mental health services shall be available to inmates who have a diagnosable and treatable mental disorder, including alcohol and drug abuse, and those inmates who are limited in their functioning due to mental retardation, as recommended by the institutional physician, psychiatrist or psychologist.

(a) The services provided shall be passed upon a written assessment performed by a licensed psychologist, psychiatrist or other physician which shall be a part of the inmate's mental health/ mental retardation record.
(b) MH/MR services shall be based upon an individualized treatment plan approved by an appropriately licensed psychiatrist or licensed pathologist or other qualified physician. The treatment plan shall be a part of the inmate's permanent mental health/mental retardation record.
(c) Mental Health/Mental Retardation records shall be established and maintained as prescribed in the policies and procedures established by the Department of Corrections.
(d) In accordance with procedures set forth in State law, the Commissioner may obtain the services of a licensed psychiatrist, licensed psychologist, or other personnel employed by another agency of state government where the services will be in the best interests of the State.
(e) Mental Health/Mental Retardation treatment and services shall be made available to inmates who have a remedial mental condition or who in the opinion of the MH/MR staff may otherwise benefit from such treatment or services at institutions designated by the Commissioner or at other facilities accessible to the Department.

Rule 125-4-5-.03 Hospitalization

Seriously mentally ill inmates or probationers who present a great risk of danger to themselves or others or who are unable to care for their own physical health and safety so as to create a life-endangering crisis and who cannot be safely managed in a less restrictive environment may be transferred to an appropriate mental health facility. The Commissioner shall promulgate procedures for establishing the need and method for an inmate or probationer to be transferred to an appropriate mental health facility.

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.