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.
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
Ga. R. Sup. Ct. 31.5