SB132: SB132 Insanity and Mental Incapacity; hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; require

Under current Georgia law, a court can order a mental competency evaluation of a criminal defendant on its own, without necessarily holding a hearing first. Senate Bill 132 changes that process. If a defendant asks for a competency evaluation, the court must first hold a hearing to decide whether there is a genuine reason to doubt the defendant's competency before ordering the Department of Behavioral Health and Developmental Disabilities to evaluate them. The bill also changes who can see the resulting evaluation report and keeps it sealed from the public absent a court order. The bill creates a faster, separate track for people charged only with nonviolent misdemeanors (excluding DUI and domestic violence misdemeanors): evaluations must happen within 45 days instead of 90, and treatment to restore competency is capped at 120 days instead of nine months. If someone in that faster track still cannot be restored to competency, the charges must be dismissed and the person referred to a community service board. The bill also lets the Department of Behavioral Health and Developmental Disabilities receive certain criminal conviction data from law enforcement for employment screening. The changes take effect July 1, 2025, and apply to motions, hearings, or trials starting on or after that date.

• Requires a court to hold a hearing to determine if there is a genuine reason to doubt a defendant's competency before ordering a competency evaluation, when the defendant requests one.
• Keeps competency evaluation reports sealed except to the defendant's attorney (or the defendant if unrepresented) and, once a special plea is filed, to the prosecutor, unless a court orders otherwise.
• Creates a faster process for people accused only of nonviolent misdemeanors, cutting the evaluation deadline from 90 days to 45 days and the treatment period from nine months to 120 days.
• Requires automatic dismissal of charges against nonviolent misdemeanor defendants who remain incompetent after the shortened 120 day treatment period, with referral to a community service board.
• Excludes DUI and domestic violence misdemeanor charges from the faster nonviolent misdemeanor procedures.
• Allows the Department of Behavioral Health and Developmental Disabilities to receive criminal conviction data from law enforcement agencies when screening job candidates for positions involving client care or security.

Criminal defendants whose mental competency to stand trial is questioned, especially those charged only with nonviolent misdemeanors; defense attorneys and prosecutors involved in competency proceedings; judges handling these cases; and the Department of Behavioral Health and Developmental Disabilities, which conducts evaluations, provides treatment, and screens job applicants.

People accused of low-level nonviolent misdemeanors could spend far less time in the competency evaluation and restoration process, and may have their charges dismissed sooner if they cannot be restored, rather than waiting up to a year as under current law. The new hearing requirement also gives defendants a chance to contest an evaluation order before it happens.

• Section 1 revises O.C.G.A. § 17-7-129 to require a hearing before a court orders a competency evaluation when a defendant or their attorney raises the issue, and to keep evaluation reports under seal except as specified.
• Section 2 revises O.C.G.A. § 17-7-130 to require a hearing on any defense motion for a competency evaluation and to let evidence be filed under seal or presented ex parte at the defendant's request.
• Section 2 sets a 45 day evaluation deadline and a 120 day maximum treatment period for defendants charged only with nonviolent misdemeanors, excluding DUI and domestic violence misdemeanor charges.
• Section 2 requires automatic dismissal of charges, with referral to a community service board, if a nonviolent misdemeanor defendant remains incompetent after the 120 day treatment period.
• Section 3 revises O.C.G.A. § 37-1-28 to let the Department of Behavioral Health and Developmental Disabilities receive conviction data from law enforcement agencies for certain employment decisions.
• Section 4 sets the effective date as July 1, 2025, applying to motions, hearings, or trials starting on or after that date.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 288
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-04Senate Agreed House Amend or Sub (Senate)
6. 2025-04-02House Passed/Adopted By Substitute (House)
7. 2025-04-02House Third Readers (House)
8. 2025-03-28House Committee Favorably Reported By Substitute (House)

• Brian Strickland (R, SD-042)Primary sponsor
• Kay Kirkpatrick (R, SD-032)
• Ben Watson (R, SD-001)
• Kim Jackson (D, SD-041)
• Tonya Anderson (D, SD-043)
• Tyler Smith (R, HD-018)

1. PassedSenate voteMarch 6, 2025

   55 yea, 0 nay (1 not voting, 0 absent)

   Passage By Substitute: Senate Vote #209

2. PassedHouse voteApril 2, 2025

   142 yea, 24 nay (3 not voting, 11 absent)

   Passage: House Vote #390

3. PassedSenate voteApril 4, 2025

   50 yea, 1 nay (3 not voting, 2 absent)

   Agree To House Substitute: Senate Vote #469

• mental competency to stand trial
• criminal justice reform
• misdemeanor charges
• behavioral health
• court procedures