Ga. Unif. Super. Ct. R. 31.5

(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