Ga. Unif. Super. Ct. R. 31.4

(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