Skelton v. Slaton, 34294

• Decision Date: 05 April 1979
• Docket Number: No. 34294,34294
• Citation: 243 Ga. 426,254 S.E.2d 704
• Parties: SKELTON et al. v. SLATON.
• Court: Georgia Supreme Court

Page 704

254 S.E.2d 704

243 Ga. 426

SKELTON et al. v. SLATON.

No. 34294.

Supreme Court of Georgia.

Argued Jan. 8, 1979.

Decided April 5, 1979.

Arthur K. Bolton, Atty. Gen., Carol Atha Cosgrove, Asst. Atty. Gen., for appellants.

Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Asst. Dist. Atty., for appellee.

Jonathan A. Zimring, Atlanta, amicus curiae.

NICHOLS, Chief Justice.

Skelton, the commissioner of the Department of Human Resources, sought a declaration that Section 2 of Ga.L. 1977, pp. 1293, 1295 (Code Ann. § 27-1503) denies to persons within his care equal protection and due process in violation of the state and federal constitutions. He appeals the judgment adverse to his contentions. This court affirms.

The Act provides: "(a) In all criminal trials in any of the courts of this State wherein an accused shall contend that he was insane or mentally incompetent under the law at the time of the act or acts charged against him were committed, the trial judge shall instruct the jury that, in case of acquittal on such contention, the jury shall specify in their verdict that the accused person was acquitted because of mental incompetence or insanity at the time of the commission of the act. If such verdict of acquittal is returned by the jury, the court shall retain jurisdiction over the person so acquitted and shall immediately inquire into the sanity of the person at the time of acquittal and, upon a showing of good cause by the prosecutor, may defer ruling upon the same and order such person to be confined in a State mental hospital, to be selected by the Department of Human Resources for a period of not less than 30 days. A person committed to the Department of Human Resources pursuant to this section shall not be released from confinement unless and until the court which committed him, after notice and hearing, shall find and determine that such person does not meet the criteria for civil commitment under Code Chapter 88-5 or 88-25, as now or hereafter amended. Nothing in this section contained shall prevent the transfer of such person from one State hospital to any other State hospital by the Department of Human Resources or the transfer of such patient to a hospital in another state in the manner provided by law, upon order of the superior court in the county from which he was committed, or in which he is detained.

"(b) An application for the release of a person who has been committed to the Department of Human Resources under subsection (a), upon the grounds he does not meet the civil commitment criteria under Code Chapter 88-5 or 88-25, as now or hereafter amended, may be made to the superior court of the county from which he was committed, either by such person or by the superintendent of the State hospital in which the said person is confined. No hearing upon such application shall be allowed until the person committed shall have been confined for a period of not less than 30 days from the date of the order of commitment. If the finding of the court is adverse to releasing such person on the ground that such person meets the civil commitment criteria under Code Chapter 88-5 or 88-25, as now or hereafter amended, a further application shall not be heard by the court until one year has elapsed from the date of hearing upon his last preceding application."

The Act specifies that the...