§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney
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. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation […]
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial
As used in this Code section, the term: “Child” means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-560. “Civil commitment” means the accused’s involuntary inpatient or outpatient commitment pursuant to Chapter 3 or 4 of Title 37, as appropriate. “Court” means the court which has jurisdiction over the […]
§ 17-7-130.1. Evidence as to Defendant’s Sanity at Time of Offense; Examination and Testimony by Psychiatrist or Psychologist
At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant’s sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. When notice of an insanity defense is […]
§ 17-7-131. Proceedings Upon Plea of Insanity or Mental Incompetency at Time of Crime
For purposes of this Code section, the term: “Insane at the time of the crime” means meeting the criteria of Code Section 16-3-2 or 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. “Intellectual disability” means having significantly subaverage general intellectual functioning resulting in or associated […]