Title 37, Chapter 4, Section 108
( 37-4-108)
(a) At any time and without notice, a person detained by a facility 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. (b) A client or his representatives may file a petition in the
appropriate court alleging that the client is being unjustly denied
a right or privilege granted by this chapter or that a procedure
authorized by this chapter is being abused. An oral statement by a
client or his representatives to any staff member or other service
provider alleging that the client's rights or privileges under this
chapter are being violated shall be immediately transmitted to the
superintendent or the administrative head of the facility
responsible for the client's treatment or the other person in charge
of the client's habilitation plan, who shall assist the client in
preparing his petition under this Code section. 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. |