Rule 31.4.Motion and Order for Evaluation Regarding Mental Competency to Stand Trial

Rule 31. MOTIONS, DEMURRERS, SPECIAL PLEAS, AND SIMILAR ITEMS IN CRIMINAL MATTERS · Last amended 2013 · Last verified July 17, 2026

In one sentenceRule 31.4 lets a judge order a mental evaluation of a defendant’s competency to stand trial — in pending superior court cases other than Title 37 involuntary-treatment or Title 29 guardianship proceedings — on written motion, sends the evaluation through the Department of Behavioral Health and Developmental Disabilities, and sets a bench-trial procedure — with an option for a special jury trial — to resolve a Plea of Mental Incompetency to Stand Trial.

Full Text of Rule 31.4

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(A) In pending superior court cases, except in proceedings for involuntary treatment under OCGA Title 37, or proceedings for the appointment of a guardian under Title 29, where the mental competency of an accused is brought into question, the judge may, upon a proper showing, exercise discretion and require a mental evaluation at public expense. A motion for mental evaluation may be filed in writing, setting out allegations and grounds for such motion, praying for a court-ordered evaluation. The judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating competency to stand trial. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the Department in cooperation with the county sheriff or counsel for the defendant if the defendant is not in custody. The Clerk shall forward a copy of the order to the Department accompanied by a copy of the indictment, accusation or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services. Unless otherwise ordered by the court, the Department shall submit its report to the requesting judge for distribution to the defendant’s attorney. The evaluation shall be placed under seal and shall not be released absent a

court order. Upon the filing of a Plea of Mental Incompetency to Stand Trial, the Court shall submit a copy of the Department’s evaluation to the prosecuting attorney. (B) Upon the filing of a Plea of Mental Incompetency to Stand Trial, the judge shall conduct a bench trial to determine the issue of mental competency to stand trial unless the state or the defendant, within twenty days of filing of the plea, demands a special jury trial. (C) Copies of suggested orders are attached as Specimen Order for Mental Evaluation Re: Competency to Stand Trial, and Specimen Judgment and Order of the Court on the Defendant’s Plea of Mental Incompetency to Stand Trial.

Specimen Order for Mental Evaluation Re: Competency to Stand Trial:

IN THE SUPERIOR COURT OF ___________ COUNTY STATE OF GEORGIA

THE STATE OF GEORGIA INDICTMENT NO. V._____________________ CHARGE(S):

ORDER FOR MENTAL EVALUATION Re: COMPETENCY TO STAND TRIAL

WHEREAS the mental competency to stand trial of the above defendant has been called into question, and this court has found that it is appropriate for evaluation to be conducted at public expense;

IT IS HEREBY ORDERED that the Department of Behavioral Health and Developmental Disabilities conduct an evaluation of said defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to:

Competency to Stand Trial. Whether the defendant is capable of understanding the nature and object of the proceedings; whether the defendant comprehends his or her own condition in reference to such proceedings; and, whether the defendant is capable of rendering to counsel assistance in providing a proper defense.

IT IS FURTHER ORDERED that the Department arrange with the county sheriff, or if the defendant is not in custody, with the defendant’s attorney, for the prompt evaluation of said defendant, either at the county jail, at a designated hospital, or at a location agreed with defense counsel, with transportation of the defendant to be provided by the sheriff, where necessary, with transportation costs to be borne by the county. Upon completion of the evaluation, if the defendant is in custody, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the defendant. Unless otherwise ordered by the court the Department shall submit its report to the requesting judge for distribution.

The Clerk shall forward a copy of this order to the Department accompanied by a copy of the indictment, accusation or specification of charges, and where available, a copy of the police arrest report, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Counsel for the defendant shall forward any other background information available to the evaluator to assist in performing adequately the requested services.

SO ORDERED, this the ______ day of ______, 20__.

_____________________________ JUDGE, SUPERIOR COURT _____________________________ JUDICIAL CIRCUIT, GEORGIA

Specimen Judgment and Order of the Court on the Defendant’s Plea of Mental Incompetency to Stand Trial:

IN THE SUPERIOR COURT OF ___________ COUNTY STATE OF GEORGIA

THE STATE OF GEORGIA INDICTMENT NO. V._____________________ CHARGE(S):

JUDGMENT AND ORDER OF THE COURT ON THE DEFENDANT’S PLEA OF MENTAL INCOMPETENCY

TO STAND TRIAL

The above stated case came on regularly before the undersigned for trial this date. The defendant was represented by counsel.

After a hearing on defendant’s plea of mental incompetency and due consideration, the plea of Mental Incompetency to Stand Trial is sustained.

IT IS, THEREFORE, THE ORDER of this court that the defendant be now delivered to the sheriff of this County and that the defendant be delivered by the sheriff, or the sheriff’s lawful deputy, to the Department of Behavioral Health and Developmental Disabilities, as provided by OCGA § 17-7-130.

However, pursuant to OCGA § 17-7-130(c), the Court finds that the defendant is charged with a nonviolent offense and the Court exercises its discretion, and directs that the evaluation is to be performed on an outpatient basis.

The Court orders the Department of Behavioral Health and Developmental Disabilities to have a Department physician or licensed psychologist evaluate and diagnose the defendant as to whether there is a substantial probability that the defendant will attain mental competency to stand trial in the foreseeable future. Such evaluation shall be performed within 90 days after the Department has received actual custody of the defendant or, in the case of an outpatient, a court order requiring evaluation of the defendant.

IT IS FURTHER ORDERED that at such time as it is determined that the defendant is capable of understanding the nature and object of the proceedings, comprehends his or her own condition in reference to such proceedings, and is capable of rendering to counsel assistance in providing a proper defense, the defendant be delivered by the Department of Behavioral Health and Developmental Disabilities to the sheriff of this county, or the sheriff’s lawful deputy, with transportation costs to be borne by the county.

IT IS FURTHER ORDERED that, should the Department of Behavioral Health and Developmental Disabilities determine that in light of present day medical knowledge that recovery of the defendant’s legal mental competency to stand trial is not expected at any time in the foreseeable future, the defendant shall be dealt with by the Department as provided in OCGA § 17-7-130.

SO ORDERED, this the ______ day of ______, 20__. _____________________________ JUDGE, SUPERIOR COURT __________________________________JUDICIAL CIRCUIT, GEORGIA

Plain-English Summary

Rule 31.4 addresses one question: whether a defendant now has the mental capacity to stand trial. It reaches pending superior court cases generally, but carves out two kinds of proceedings entirely: involuntary treatment proceedings under OCGA Title 37, and guardian-appointment proceedings under Title 29. When the accused’s mental competency is brought into question, a written motion may be filed setting out the allegations and grounds for a court-ordered evaluation. If the judge is persuaded by a proper showing, the court can exercise its discretion to order the evaluation at public expense and direct the Department of Behavioral Health and Developmental Disabilities to carry it out, coordinating the time and place with the county sheriff if the defendant is in custody or with defense counsel if the defendant is not.

The clerk sends the Department a copy of the order along with the indictment, accusation, or charging document, the police arrest report where one exists, and a summary of any known or alleged prior mental health treatment or hospitalization. Defense counsel must forward any other background information available to help the evaluator do the job. The finished report goes to the requesting judge for distribution to the defendant’s attorney, and it stays under seal — it cannot be released without a court order.

Once a defendant files a formal Plea of Mental Incompetency to Stand Trial, the court gives the prosecuting attorney a copy of the evaluation, and a bench trial follows to resolve the competency question. Either side can change that default: if the state or the defendant demands a special jury trial within twenty days of the plea being filed, the judge tries the issue to a jury instead. Rule 31.4 attaches specimen orders for both stages — one directing the initial evaluation, and one entering judgment on a sustained plea, which covers outpatient evaluation for defendants charged with nonviolent offenses, a ninety-day window for the evaluation, and what happens if the defendant’s competency is restored or, instead, is not expected to return in the foreseeable future.

Frequently Asked Questions

What must happen before a judge orders a competency evaluation under Rule 31.4?

A motion for mental evaluation may be filed in writing, setting out the allegations and grounds; if the judge is persuaded by a proper showing, the judge may exercise discretion to order a mental evaluation at public expense.

Who carries out the competency evaluation, and how is it arranged?

The Department of Behavioral Health and Developmental Disabilities performs the evaluation, coordinating the time and place with the county sheriff if the defendant is in custody or with defense counsel if the defendant is not.

What background materials get forwarded to the evaluating department?

The clerk forwards a copy of the order, the indictment, accusation, or specification of charges, the police arrest report where available, and a summary of any known or alleged prior mental health treatment or hospitalization; defense counsel must forward any other background information available to assist the evaluator.

What happens to the completed competency evaluation report?

It is submitted to the requesting judge for distribution to the defendant’s attorney and is placed under seal, unreleased absent a court order — except that once a Plea of Mental Incompetency to Stand Trial is filed, the court provides a copy to the prosecuting attorney.

How does the court resolve a Plea of Mental Incompetency to Stand Trial?

The judge conducts a bench trial on the competency issue unless the state or the defendant demands a special jury trial within twenty days of the plea’s filing.

Amendment History

Amended effective October 9, 1997; November 10, 2005; May 23, 2013.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

Also known as: Georgia competency to stand trial evaluationUSCR Rule 31.4motion for mental evaluation GeorgiaDBHDD competency evaluation orderplea of mental incompetency to stand trialspecimen order competency evaluation Georgia