Delaneyv.State
Yvonne Delaney, found not guilty by reason of insanity after a 2005 fatal stabbing, appealed an order continuing her unsupervised conditional release from hospitalization. After years in the community, a 2018 forensic psychologist testified that medication had controlled Delaney’s schizoaffective symptoms since 2009 and recommended full release, although the trial court continued release subject to treatment conditions. Delaney’s later petition sought discharge, but the appellate record contained no hearing transcript or order scheduling a hearing; the trial court’s order also did not say whether a hearing occurred or whether Delaney had completed her release requirements. Applying Sikes v. State and OCGA § 17-7-131 (e) (5), the Court of Appeals held that successful completion requires discharge from the hospitalization order, though outpatient treatment may still be required if its criteria are met; if requirements were not completed, the court may revoke or continue conditional release with revised conditions. The court vacated and remanded for a finding on completion, discharge if Delaney completed the plan, and a determination whether a hearing occurred and, if not, a ruling on her hearing request; her remaining claims were moot.
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