Bill > SB132

This bill modifies Georgia's legal procedures for evaluating the mental competency of accused individuals, introducing several key changes. Under the new law, when a court becomes aware of potential mental competency issues, a hearing must be held if the information comes from the accused or their attorney. The bill establishes different procedures for nonviolent misdemeanor cases, including shorter evaluation periods (45 days instead of 90) and an automatic dismissal of charges if the accused remains incompetent after 120 days of treatment. For more serious cases, the evaluation period remains 90 days, with the possibility of up to nine months of treatment if there's a substantial probability of restoring competency. The bill also clarifies the release and handling of competency evaluation reports, ensuring they remain sealed except when shared with the accused and prosecuting attorney. Additionally, the legislation updates the Department of Behavioral Health and Developmental Disabilities' authority to receive and handle conviction data for employment screening purposes, expanding their ability to conduct criminal background checks on individuals who work with or are in contact with department clients. The bill will take effect on July 1, 2025, and apply to motions, hearings, and trials initiated on or after that date.

Justice

https://www.legis.ga.gov/legislation/70088