Examination of Applicant

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Sentence and Punishment
  5. Mentally Incompetent to Be Executed
  6. Examination of Applicant

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  1. By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental competency to be executed.
  2. Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert requested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred.
  3. If the applicant has filed a request for an examination as provided in subsection (b) of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly.

(Code 1981, §17-10-66, enacted by Ga. L. 1988, p. 1003, § 2.)


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