---
title: O.C.G.A. § 17-10-71. Procedure upon convicted person’s regaining mental competency.
collection: code
id: 17-10-71
cite_as: O.C.G.A. § 17-10-71 (2025)
canonical_url: https://georgiacommons.org/code/17-10-71
md_url: https://georgiacommons.org/code/17-10-71.md
text_url: https://georgiacommons.org/code/17-10-71/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-2020-pdf.pdf?sfvrsn=8c04ccfe_0#page=1276
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/17-10.md
previous: https://georgiacommons.org/code/17-10-70.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / SENTENCE AND PUNISHMENT / MENTALLY INCOMPETENT TO BE EXECUTED
---

# O.C.G.A. § 17-10-71. Procedure upon convicted person’s regaining mental competency.

If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 17-10-40. The judge of the court which made the determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court.

## History

Code 1981, § 17-10-71, enacted by Ga. L. 1988, p. 1003, § 2.