SB 132: 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, judges can order a mental competency evaluation of a criminal defendant without first holding a hearing, and the rules for restoring competency or dismissing charges are the same regardless of how serious the charge is. This bill changes that. It requires a court to hold a hearing before ordering a competency evaluation when the defendant or defense attorney raises the issue, and it spells out who gets to see the resulting evaluation report. The bill also creates a faster, separate track for people charged only with nonviolent misdemeanors: their evaluations must happen within 45 days instead of 90, treatment to restore competency is capped at 120 days instead of nine months, and if they are still incompetent after that shorter period, the charges are automatically dismissed and the person is referred to a community service board, unless the prosecutor asks the court for an exception. DUI and domestic violence misdemeanors are excluded from this faster track. Separately, the bill updates what conviction data the Department of Behavioral Health and Developmental Disabilities can obtain when hiring or making care decisions. 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 before ordering a mental competency evaluation when the defendant or defense attorney raises the issue, rather than letting the judge order one on its own.
• Creates a faster process for people charged only with nonviolent misdemeanors, cutting the initial evaluation deadline from 90 days to 45 days.
• Caps competency restoration treatment for nonviolent misdemeanor defendants at 120 days instead of the standard nine months.
• Requires automatic dismissal of charges for nonviolent misdemeanor defendants who remain incompetent after the 120-day treatment period, with referral to a community service board, unless the prosecutor shows cause for an exception.
• Excludes DUI and domestic violence misdemeanor charges from the faster nonviolent misdemeanor track.
• Updates the Department of Behavioral Health and Developmental Disabilities' authority to receive criminal conviction data for employment and care-related background checks.

Criminal defendants whose mental competency to stand trial is questioned, especially those charged only with nonviolent misdemeanors; defense attorneys and prosecutors; Georgia's trial courts; the Department of Behavioral Health and Developmental Disabilities and its evaluators; sheriffs running jail-based competency restoration programs; and community service boards.

Defendants facing minor, nonviolent misdemeanor charges could see their cases resolved faster and dismissed automatically if they remain incompetent, rather than languishing for up to nine months in the standard process. The hearing requirement also gives defendants a formal chance to be heard before an evaluation is ordered.

• Section 1 revises O.C.G.A. § 17-7-129 to require a hearing when the accused or defense attorney raises a competency doubt, and clarifies who receives the evaluation report and when a competency trial is required.
• Section 2 revises O.C.G.A. § 17-7-130 to require a hearing before a court orders a competency evaluation and sets a 90-day evaluation deadline for most cases.
• Section 2 creates a 45-day evaluation deadline and a 120-day restoration treatment cap for defendants charged only with nonviolent misdemeanors, excluding DUI and domestic violence charges.
• Section 2 requires automatic dismissal of charges and referral to a community service board if a nonviolent misdemeanor defendant remains incompetent after the 120-day period, unless the prosecutor shows cause for an exception.
• Section 3 revises O.C.G.A. § 37-1-28 to clarify the Department of Behavioral Health and Developmental Disabilities' authority to receive conviction data for employment screening and care-related 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 (Senado)
4. 2025-04-10Senate Sent to Governor (Senado)
5. 2025-04-04Senate Agreed House Amend or Sub (Senado)
6. 2025-04-02House Passed/Adopted By Substitute (Cámara de Representantes)
7. 2025-04-02House Third Readers (Cámara de Representantes)
8. 2025-03-28House Committee Favorably Reported By Substitute (Cámara de Representantes)

• Brian Strickland (R, SD-042)Patrocinador principal
• 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. AprobadaVotación: Senado6 de marzo de 2025

   55 a favor, 0 en contra (1 sin votar, 0 ausentes)

   Passage By Substitute: Senate Vote #209

2. AprobadaVotación: Cámara de Representantes2 de abril de 2025

   142 a favor, 24 en contra (3 sin votar, 11 ausentes)

   Passage: House Vote #390

3. AprobadaVotación: Senado4 de abril de 2025

   50 a favor, 1 en contra (3 sin votar, 2 ausentes)

   Agree To House Substitute: Senate Vote #469

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