The “1013 code” refers to a specific legal mechanism used in the state of Georgia to authorize the emergency mental health evaluation of an individual. This procedure is designed to provide immediate safety for a person experiencing a severe psychiatric crisis who may be unable to seek help voluntarily. It is not a final commitment order but rather the first step in an involuntary process intended to stabilize the individual and assess their immediate risk level. The entire process is strictly governed by state law and focuses on protecting the individual and the public from imminent harm.
Defining the 1013 Involuntary Commitment
The term “1013” is derived from the designation of the specific form, Form 1013, which is officially titled the “Certificate Authorizing Transport to Emergency Receiving Facility and Report of Transportation.” This document legally authorizes the involuntary transportation of an individual to a designated emergency receiving facility (ERF) for a psychiatric evaluation. The authority for this action comes from a section of the Official Code of Georgia Annotated (O.C.G.A.), specifically ยง 37-3-41, which outlines the conditions for emergency admission.
This emergency admission is a temporary measure, not an order for long-term treatment or hospitalization. Its purpose is to overcome an individual’s inability or refusal to consent to an evaluation when they pose a threat due to mental illness. The form documents the professional’s observations and reasoning for believing the person requires involuntary treatment. Once executed, the form compels law enforcement or emergency medical services to transport the person to a hospital or mental health facility that has been designated to receive emergency psychiatric patients.
The 1013 is an involuntary hold for evaluation, allowing qualified professionals to conduct a thorough assessment in a safe environment. This process ensures timely intervention for individuals experiencing a mental health crisis who are unable to make rational decisions about their own safety.
Criteria for Initiating a 1013 Hold
A 1013 hold can only be initiated when an individual meets a strict legal standard, indicating they are a “mentally ill person requiring involuntary treatment.” This threshold is high and must be evidenced by recent behavior or serious threats. The criteria focus on three primary situations where the individual’s mental state creates a significant and immediate danger.
The first criterion involves a substantial risk of imminent harm to oneself, often manifested through suicidal ideation or self-harming behavior. The second involves a substantial risk of imminent harm to others, supported by recent overt acts or expressed threats of violence that present a probability of physical injury.
The third criterion addresses severe neglect, applying to an individual so unable to care for their own physical health and safety that it creates an imminently life-endangering crisis. This includes situations where mental illness has resulted in a grave disability, such as a refusal to eat or drink or an inability to seek shelter, leading to a life-threatening decline in health.
The certificate can be executed by a range of licensed professionals who have personally examined the individual within the preceding 48 hours. These include:
- Physicians
- Clinical psychologists
- Licensed clinical social workers
- Licensed professional counselors
In certain situations, a peace officer may take a person into custody for examination if they have probable cause to believe the person meets the criteria and have consulted with a physician who authorizes the transport.
The Timeline and Outcomes of the Evaluation
Once transported to an emergency receiving facility (ERF) under a 1013, the facility must promptly conduct a comprehensive psychiatric evaluation. The initial emergency detention allows the facility up to 48 hours to complete this assessment. This 48-hour window often excludes weekends and holidays, which can extend the length of the initial stay.
During the hold, professionals work to stabilize the individual and assess if the legal criteria for involuntary treatment are still met. The individual is informed of their rights and the temporary nature of the hold. At the conclusion of this initial evaluation, three primary outcomes are possible.
The three possible outcomes are:
- Discharge: The evaluating physician determines the individual no longer meets the criteria for involuntary treatment and is safe to be released.
- Voluntary Admission: The individual agrees to remain in the facility for treatment willingly, signing a voluntary admission form that removes the involuntary legal hold.
- Extended Care Petition: If the individual still meets the standard for involuntary treatment and refuses voluntary admission, the facility initiates a petition for extended care (a “1014” or “2013” process). The physician completes Form 1014 to extend the hold, typically up to five more days, while preparing for a court hearing and judicial review.