Rule 125-2-4-.01 - ResponsibilityExcept for misdemeanor offenders sentenced to confinement in-court facilities under the provisions of O.C.G.A. 17-10-3 or 17-10-4, offenders will be committed to the custody of the Commissioner of Corrections by the Court and shall be further assigned to an appropriate institution for confinement. The correctional institution to which a prisoner is assigned for confinement shall pick up and transport such prisoner, under guard, to the institution unless other arrangements have been made with a county institution. The institution having physical custody of an inmate shall be responsible for maintaining medical or hospital care.
(a) Offenders sentenced to a penal facility under O.C.G.A. 17-7-131(a) as guilty but mentally ill shall be further evaluated and then treated within the limits of state funds appropriated therefor.1. Treatment may be provided by: (i) The Department of Corrections; or,(ii) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of this Department and the Department of Human Resources.2. An offender who is found guilty but mentally ill at the time of a felony and is placed on probation under the "Statewide Probation Act" may be required by the Court to undergo available outpatient 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.3. Offenders who are found guilty but mentally ill and placed on probation but whose probation is subsequently revoked will retain their guilty but mentally ill status upon entering the Department of Corrections and will be processed in the same manner as guilty but mentally insane offenders who are initially sentenced to the Department of Corrections.(b) The Department of Corrections will bear the costs of the trial involving an inmate of the State Prison System charged with the violation of any criminal statute committed by such inmate within the confines of the State Prison, or a branch of the State Prison System, or the crime of escape, or attempted escape.(c) The County where the inmate is confined is responsible for payment of trail costs when the criminal act takes place in a county institution, or escape, or attempted escape, is from a county institution.Ga. Comp. R. & Regs. R. 125-2-4-.01
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1975, p. 1590 (O.C.G.A. 42-5-5); Ga. L. 1982, p. 1476 (O.C.G.A. 27-15); Ga. L. 1982, p. 1364 (O.C.G.A. 42-5-51.
Rule, entitled "Responsibility" filed as Rule 415-2-4-.01 on November 14, 1984; effective December 4, 1984, renumbered as Rule 125-2-4-.01. Filed June 28, 1985; effective July 20, 1985, as specified by the Agency.