Right of Clients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by Chapter

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Habilitation of the Developmentally Disabled Generally
  5. Rights and Privileges of Developmentally Disabled Persons Undergoing Habilitation, Their Representatives, etc., Generally
  6. General Provisions
  7. Right of Clients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by Chapter

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  1. At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition as provided by law for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release, provided that in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 17-7-130 or 17-7-131, a copy of the petition, along with proper certificate of service, shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail or statutory overnight delivery, return receipt requested.
  2. A client or his or her representatives may file a petition in the appropriate court alleging that the client is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. An oral statement by a client or his or her representatives to any staff member or other service provider alleging that the client's rights or privileges under this chapter are being violated shall be immediately transmitted to the superintendent, the regional state hospital administrator, or the administrative head of the facility responsible for the client's treatment or the other person in charge of the client's habilitation plan, who shall assist the client in preparing his or her petition under this Code section. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this chapter.

(Code 1933, §§ 88-2503.14, 88-2505, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1980, p. 678, § 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 1324, § 1-13.)

Cross references.

- Habeas corpus generally, T. 9, C. 14.

Penalty for malicious confinement of sane person in asylum, § 16-5-43.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

RESEARCH REFERENCES

ALR.

- Habeas corpus on ground of restoration to sanity of one confined as an incompetent other than in connection with crime, 21 A.L.R.2d 1004.


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