Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney

1. Law
2. Georgia Code
3. Criminal Procedure
4. Pretrial Proceedings
5. Demurrers, Motions, and Special Pleas and Exceptions
6. Insanity and Mental Incompetency
7. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney

1. When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused's mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused's mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused's competency. If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section 17-7-130. The court's order shall set forth those facts which give rise to its bona fide doubt as to the accused's mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal.
2. If the court orders a competency evaluation and the accused serves notice of a special plea of mental incompetency to stand trial or raises the issue of insanity, the court shall release the competency evaluation to the prosecuting attorney. Such evaluation shall not be released to any other person absent a court order.

(Code 1981, §17-7-129, enacted by Ga. L. 2011, p. 372, § 1/HB 421.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 35 et seq., 798.

31A Am. Jur. 2d, Expert and Opinion Evidence, §§ 117, 136.

C.J.S.

- 31A C.J.S., Evidence, § 225.

32 C.J.S., Evidence, §§ 763 et seq., 885 et seq.

Download our app to see the most-to-date content.