Rule 31.4. Motion and Order for Evaluation Regarding Mental Competency to Stand Trial

(A) In pending superior court cases, except in proceedings for involuntary treatment under OCGA Title 37, or proceedings for the appointment of a guardian under Title 29, where the mental competency of an accused is brought into question, the judge may, upon a proper showing, exercise discretion and require a mental evaluation at public expense. A motion for mental evaluation may be filed in writing, setting out allegations and grounds for such motion, praying for a court-ordered evaluation. The judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating competency to stand trial. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the Department in cooperation with the county sheriff or counsel for the defendant if the defendant is not in custody. The Clerk shall forward a copy of the order to the Department accompanied by a copy of the indictment, accusation or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services. Unless otherwise ordered by the court, the Department shall submit its report to the requesting judge for distribution to the defendant's attorney. The evaluation shall be placed under seal and shall not be released absent a court order. Upon the filing of a Plea of Mental Incompetency to Stand Trial, the Court shall submit a copy of the Department's evaluation to the prosecuting attorney.

(B) Upon the filing of a Plea of Mental Incompetency to Stand Trial, the judge shall conduct a bench trial to determine the issue of mental competency to stand trial unless the state or the defendant, within twenty days of filing of the plea, demands a special jury trial.

(C) Copies of suggested orders are attached as Specimen Order for Mental Evaluation Re: Competency to Stand Trial, and Specimen Judgment and Order of the Court on the Defendant's Plea of Mental Incompetency to Stand Trial. Specimen Order for Mental Evaluation Re: Competency to Stand Trial: IN THE SUPERIOR COURT OF ___________ COUNTY STATE OF GEORGIA THE STATE OF GEORGIA INDICTMENT NO. V._____________________ CHARGE(S): ORDER FOR MENTAL EVALUATION Re: COMPETENCY TO STAND TRIAL WHEREAS the mental competency to stand trial of the above defendant has been called into question, and this court has found that it is appropriate for evaluation to be conducted at public expense; IT IS HEREBY ORDERED that the Department of Behavioral Health and Developmental Disabilities conduct an evaluation of said defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to: Competency to Stand Trial. Whether the defendant is capable of understanding the nature and object of the proceedings; whether the defendant comprehends his or her own condition in reference to such proceedings; and, whether the defendant is capable of rendering to counsel assistance in providing a proper defense. IT IS FURTHER ORDERED that the Department arrange with the county sheriff, or if the defendant is not in custody, with the defendant's attorney, for the prompt evaluation of said defendant, either at the county jail, at a designated hospital, or at a location agreed with defense counsel, with transportation of the defendant to be provided by the sheriff, where necessary, with transportation costs to be borne by the county. Upon completion of the evaluation, if the defendant is in custody, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the defendant. Unless otherwise ordered by the court the Department shall submit its report to the requesting judge for distribution. The Clerk shall forward a copy of this order to the Department accompanied by a copy of the indictment, accusation or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services. SO ORDERED, this the ______ day of , 20. _____________________________ JUDGE, SUPERIOR COURT _____________________________ JUDICIAL CIRCUIT, GEORGIA Specimen Judgment and Order of the Court on the Defendant's Plea of Mental Incompetency to Stand Trial: IN THE SUPERIOR COURT OF ___________ COUNTY STATE OF GEORGIA THE STATE OF GEORGIA INDICTMENT NO. V._________________ CHARGE(S): JUDGMENT AND ORDER OF THE COURT ON THE DEFENDANT'S PLEA OF MENTAL INCOMPETENCY TO STAND TRIAL The above stated case came on regularly before the undersigned for trial this date. The defendant was represented by counsel. After a hearing on defendant's plea of mental incompetency and due consideration, the plea of Mental Incompetency to Stand Trial is sustained. IT IS, THEREFORE, THE ORDER of this court that the defendant be now delivered to the sheriff of this County and that the defendant be delivered by the sheriff, or the sheriff's lawful deputy, to the Department of Behavioral Health and Developmental Disabilities, as provided by OCGA § 17-7-130. However, pursuant to OCGA § 17-7-130(c), the Court finds that the defendant is charged with a nonviolent offense and the Court exercises its discretion, and directs that the evaluation is to be performed on an outpatient basis. The Court orders the Department of Behavioral Health and Developmental Disabilities to have a Department physician or licensed psychologist evaluate and diagnose the defendant as to whether there is a substantial probability that the defendant will attain mental competency to stand trial in the foreseeable future. Such evaluation shall be performed within 90 days after the Department has received actual custody of the defendant or, in the case of an outpatient, a court order requiring evaluation of the defendant. IT IS FURTHER ORDERED that at such time as it is determined that the defendant is capable of understanding the nature and object of the proceedings, comprehends his or her own condition in reference to such proceedings, and is capable of rendering to counsel assistance in providing a proper defense, the defendant be delivered by the Department of Behavioral Health and Developmental Disabilities to the sheriff of this county, or the sheriff's lawful deputy, with transportation costs to be borne by the county. IT IS FURTHER ORDERED that, should the Department of Behavioral Health and Developmental Disabilities determine that in light of present day medical knowledge that recovery of the defendant's legal mental competency to stand trial is not expected at any time in the foreseeable future, the defendant shall be dealt with by the Department as provided in OCGA § 17-7-130. SO ORDERED, this the ______ day of ____, 20. _____________________________ JUDGE, SUPERIOR COURT __________________________________JUDICIAL CIRCUIT, GEORGIA

Rule 31.5 Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability at the Time of the Act

(A) If, in any criminal proceeding, the defense intends to raise the issue that the defendant or accused was insane, mentally ill, or intellectually disabled at the time of the act or acts charged against the accused, by using expert or non-expert evidence, such intention must be stated, in writing, in a pleading denominated as "Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability." This notice shall be filed and served upon the prosecuting attorney in accordance with Rule 31.1. Upon the filing of such notice, the judge shall determine from the prosecuting attorney and the defense attorney whether such issue requires any further mental examination of the accused or any further non-jury hearing relative to this issue. Upon defense motion, the judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating the degree of criminal responsibility or insanity at the time of the act in question. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the department in cooperation with the county sheriff. A copy of the order shall be forwarded to the department accompanied by a copy of the indictment, accusation, or specification of charges, a copy of the police arrest report, where available, a copy of the defendant's Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability if filed, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Any other background information available to the court shall also be forwarded to the evaluating department to assist in performing adequately the requested services. Unless otherwise ordered by the court, the department shall submit its report to the requesting judge and the defendant's attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant's attorney shall provide a copy of the report to the prosecuting attorney and shall so certify in writing attached to the notice.

(B) Except for good cause shown, the issue of insanity shall not be raised in the trial on the merits unless notice has been filed and served ahead of trial as provided in these rules.

(C) A copy of a suggested order is attached as Specimen Order for Mental Evaluation re: Degree of Criminal Responsibility or Insanity at the Time of the Act. IN THE SUPERIOR COURT OF _______ COUNTY STATE OF GEORGIA THE STATE OF GEORGIA ) ) ) INDICTMENT NO. v. ) ) CHARGE(S): ___________________, ) ORDER FOR MENTAL EVALUATION re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY AT THE TIME OF THE ACT WHEREAS, the defendant's sanity at the time of the act has been called into question, and evidence presented in the matter, and this court has found that it is appropriate for an evaluation to be conducted at public expense; IT IS HEREBY ORDERED that the Department of Behavioral Health and Developmental Disabilities conduct an evaluation of the defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to: Degree of Criminal Responsibility or Insanity at the Time of the Act. Whether or not the accused had the mental capacity to distinguish right from wrong in relation to the alleged act; or whether or not the presence of a delusional compulsion overmastered the accused's will to resist committing the alleged act. IT IS FURTHER ORDERED that the department arrange with the county sheriff, or the sheriff's lawful deputies, for the prompt evaluation of said defendant, either at the county jail or at a specified hospital, with transportation costs to be borne by the county. Upon completion of the evaluation, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the accused. The department shall submit its report to the requesting judge and the defendant's attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant's attorney shall provide a copy of the report to the prosecuting attorney and shall so certify in writing attached to the notice. Copies of documents supporting this request are attached hereto, as follows: ( ) Indictment/Accusation ( ) Summary of previous mental health treatment and prior mental health records ( ) Copy of arrest report ( ) Other _____________________________________ So ordered, this the ____ day of __, 20. ________________________ JUDGE, SUPERIOR COURT ________________________ JUDICIAL CIRCUIT, GEORGIA SPECIMEN ORDER FOR MENTAL EVALUATION re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY AT THE TIME OF THE ACT

Committee Notes

Amended effective October 9, 1997; November 10, 2005; May 23, 2013. Amended effective October 9, 1997; November 10, 2005; July 13, 2017.