Report of persons making examination; service of copies

The person or persons appointed by the order to make the examination shall file a report thereof, in triplicate, in the court wherein the proceeding is pending. The clerk of the superior court shall forthwith make service of one copy on the agency instituting the proceeding and one copy on the party named as defendant therein and the defendant’s attorney, which service shall be personal or by certified mail or statutory overnight delivery. History. — Ga. L. 1953, Nov.-Dec. Sess., p. 348, § 8; Code 1933, § 88-708, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1995, p. 1231, § 2; Ga. L. 2000, p. 1589, § 3; Ga. L. 2005, p. 1513, § 1/SB 56. Editor’s notes. — Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the 2000 amendment was applicable to notices delivered on or after July 1, 2000. 31-14-7. Results of hearing; commitment to hospital or facility; dismissal of petition and release from custody; costs of transportation; review of commitment order. (a) Upon the hearing set in the order, if the court finds that the person has active tuberculosis, is violating the rules and regulations promulgated by the department or the orders issued by the county board of health after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, presents a substantial risk of exposing other persons to an imminent danger of infection, and there is no less restrictive available alternative to involuntary treatment at a hospital or facility approved by the department for the care of tubercular patients, then the court shall issue an order committing the defendant to the custody of the sheriff of the county or the sheriff’s deputies to be delivered to the designated hospital or facility, where the defendant shall be admitted for care and treatment not to exceed two years. If the court does not find that the above standards are met, then the court shall dismiss the petition and the defendant shall be released from custody if taken into custody pursuant to Code Section 31-14-5. The costs of transporting such person to the hospital or facility shall be paid out of county funds. (b) An order for commitment shall be subject to review at the instance of either party by appeal. 741 History. — Ga. L. 1953, Nov.-Dec. Sess., p. 348, §§ 9, 10; Code 1933, §§ 88-709, 88-710, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1985, p. 620, § 2; Ga. L. 1995, p. 1231, § 2; Ga. L. 2005, p. 1513, § 1/SB 56. 31-14-8.1