Sikes v. State

485 S.E.2d 206, 268 Ga. 19, 97 Fulton County D. Rep. 1644, 1997 Ga. LEXIS 185
CourtSupreme Court of Georgia
DecidedMay 12, 1997
DocketS96G1546
StatusPublished
Cited by35 cases

This text of 485 S.E.2d 206 (Sikes v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sikes v. State, 485 S.E.2d 206, 268 Ga. 19, 97 Fulton County D. Rep. 1644, 1997 Ga. LEXIS 185 (Ga. 1997).

Opinion

Sears, Justice.

The issue presented by this granted certiorari 1 concerns the proper interplay between the first and third sentences of OCGA §17-7-131 (e) (5) (B). The need to clarify the interplay between these sentences arises when a defendant who has been found not guilty by reason of insanity and who has been ordered to undergo involuntary inpatient treatment successfully completes a conditional release program ordered by a trial court under the authority of OCGA § 17-7-131 (e) (5) (A). In this situation, it is unclear (1) whether the first sentence of § 17-7-131 (e) (5) (B) requires the trial court to discharge the defendant from both involuntary inpatient and outpatient treatment, or (2) whether the first sentence requires the trial court only to discharge the defendant from the existing order for involuntary inpatient treatment, with the third sentence of § 17-7-131 (e) (5) (B) authorizing the trial court to require the defendant to participate in involuntary outpatient treatment. We conclude that the first sentence of § 17-7-131 (e) (5) (B) only requires a trial court to discharge the defendant from the order requiring involuntary inpatient treatment, and that the third sentence of that same Code section authorizes the trial court to require involuntary outpatient treatment. Because the record does not disclose whether the trial court found that the appellant, Hershel Sikes, had successfully completed his conditional release program, we remand the case for proceedings consistent with this opinion.

1. OCGA § 17-7-131 (e) (5) provides, in relevant part, as follows:

(5) (A) If a defendant appears to meet the criteria for outpatient involuntary treatment as defined in Part 3 of Article 3 of Chapter 3 of Title 37, which shall be the criteria for release on a trial basis in the community in preparation for a full release, the court may order a period of conditional release subject to certain conditions set by the court. The court is authorized to appoint an appropriate community service provider to work in conjunction with the Department of Human Resources to monitor the defendant’s compliance *20 with these conditions and to make regular reports to the court.
(B) If the defendant successfully completes all requirements during this period of conditional release, the court shall discharge the individual from commitment at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate. The court may require the individual to participate in outpatient treatment or any other services or programs authorized by Chapter 3, 4, or 7 of Title 37.
(C) If the defendant does not successfully complete any or all requirements of the conditional release period, the court may:
(i) Revoke the period of conditional release and return the defendant to a state hospital for inpatient services; or
(ii) Impose additional or revise existing conditions on the defendant as appropriate and continue the period of conditional release.

In the present case, Sikes was found not guilty by reason of insanity for the crime of misdemeanor theft by shoplifting. The trial court then found that Sikes met the requirements for involuntary inpatient treatment, 2 and ordered Sikes to undergo such treatment. The court subsequently conditionally released Sikes under the provisions of § 17-7-131 (e) (5) (A). Sikes contends that he successfully completed all requirements of his conditional release plan, and that the “discharge . . . from commitment” language of the first sentence of § 17-7-131 (e) (5) (B) requires that he be released from any involuntary treatment plan, whether inpatient or outpatient. Contrary to Sikes’ request, the trial court continued Sikes’ involuntary outpatient treatment. The record, however, does not establish whether the trial court found that Sikes had successfully completed his conditional release program. Thus, we cannot determine whether the trial court continued Sikes’ involuntary outpatient treatment under the authority of subsection (e) (5) (C) (ii), on the ground that Sikes had not successfully completed the program, or whether the trial court continued outpatient treatment based upon the third sentence of subsection (e) (5) (B), on the ground that that sentence authorized it to do so even if Sikes had successfully completed the conditional release program. The Court of Appeals concluded that the trial court’s order was authorized by the third sentence of subsection (e) *21 (5) (B). 3 Because the trial court’s order does not reveal whether the trial court found that Sikes had successfully completed his conditional release plan, it is necessary to remand the case to the trial court for that finding. However, to guide the trial court in the exercise of its options once it makes its findings on remand, we undertake to interpret the meaning of the first and third sentences of § 17-7-131 (e) (5) (B).

2. In interpreting these two sentences, certain rules of statutory construction are relevant. First, courts should construe a statute to give “sensible and intelligent effect” to all of its provisions and should refrain, whenever possible, from construing the statute in a way that renders any part of it meaningless. 4 Second, a court’s duty is “to reconcile, if possible, any potential conflicts between different sections of the same statute, so as to make them consistent and harmonious.” 5 Third, in construing language in any one part of a statute, a court should consider the entire scheme of the statute and attempt to gather the legislative intent from the statute as a whole. 6 Fourth, in attempting to ascertain legislative intent of a doubtful statute, a court may look to the caption of the act 7 and its legislative history. 8

3. Focusing on the “discharge . . . from commitment” language of the first sentence of § 17-7-131 (e) (5) (B), Sikes contends that the word “commitment” should be interpreted to include involuntary inpatient and outpatient treatment. Thus, he argues that, if a defendant successfully completes a conditional release plan, he must be discharged from any involuntary treatment plan, either inpatient or outpatient. This interpretation, however, facially contradicts the third sentence of subsection (e) (5) (B), which provides that “[t]he court may require

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Bluebook (online)
485 S.E.2d 206, 268 Ga. 19, 97 Fulton County D. Rep. 1644, 1997 Ga. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sikes-v-state-ga-1997.