17-7-129. Mental capacity to stand trial; release of competency evaluation.

(a) When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused’s mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused’s mental competency to stand trial; provided, however, that if such information is made known to the court by the accused or the attorney for the accused, a hearing as provided for in paragraph (1) of subsection (b) of Code Section 17-7-130 shall be required. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused’s competency. The court’s order shall set forth those facts which give rise to its bona fide doubt as to the accused’s mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal. (b) If the accused serves notice of a special plea of mental incompetency to stand trial and the court orders a competency evaluation, the court shall release the competency evaluation to the attorney for the accused or, if pro se, to the accused, and to the prosecuting attorney; provided, however, that such evaluation shall not be released to any other person absent a court order. (c) If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section 17-7-130.