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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
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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
Ga. R. Sup. Ct. 31.4