§ 37-7-148. Rights of Patients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by This Chapter

1. At any time and without notice, a person detained by a facility, a mental health care agent named in such person’s psychiatric advance directive, a legal guardian of such person, 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 patient or his or her representatives may file a petition in the appropriate court alleging that the patient is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. 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.

History. Code 1933, § 88-406.2, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-402.14, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1980, p. 678, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2022, p. 611, § 2-29/HB 752.

The 2022 amendment, effective July 1, 2022, inserted “, a mental health care agent named in such person’s psychiatric advance directive, a legal guardian of such person,” near the beginning of subsection (a); and inserted “or her” in the first sentence in subsection (b).

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.