Clarifying the Process for Defendants Found
Guilty but Mentally Ill or Guilty but Mentally Retarded

by Charles Hess
4/17/2006

Senate Bill 398, which recently passed in the Georgia General Assembly, clarifies that the custody of individuals found Guilty but Mentally Ill and those found Guilty but Mentally Retarded will be given to the Department of Corrections (DOC).  It also clarifies that the DOC will have the responsibility for the evaluation and treatment of these individuals. 

Prior to these changes the law required the Department of Human Resources (DHR) to perform an evaluation by a psychiatrist or a licensed psychologist after sentencing but prior to transfer to the DOC.  The DOC would also perform an evaluation when these individuals would enter their custody, making the evaluation by DHR unnecessary and redundant.  The additional cost of this extra evaluation was estimated by the Departments to be more than $500 per defendant.

The bill also makes changes to the jury charges in cases in which a defense of insanity is raised.  The charge regarding individuals who are found Not Guilty by Reason of Insanity (NGRI) remains the same, that “the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he or she should be released pursuant to law.” The new jury charges for those found Guilty but Mentally Ill or Guilty but Mentally Retarded state that “the defendant will be placed in the custody of the Department of Corrections…” The new instructions make it clear that the DOC may refer individuals for “temporary hospitalization at a facility operated by the Department of Human Resources.”

These changes should help jurors to better understand the consequences of the different verdicts available to them in cases involving a defense of insanity.  The resources that were being wasted to perform redundant evaluations can now be used to better treat those individuals in the custody of DHR.