ATLANTA — As an Atlanta murder suspect continues to wait for a mental competency evaluation two years after his indictment, Georgia lawmakers are pushing for legislation aimed at addressing the backlog.
Senate Bill 132 (SB-132), which is moving quickly through the General Assembly, seeks to address the state’s long wait times for pretrial mental health evaluations. Currently, Georgia defendants wait an average of 11 months for these exams. The bill would require judges to hold a hearing before granting a defense attorney’s request for an evaluation.
Coweta Circuit District Attorney Herbert Cranford testified before a House subcommittee, suggesting that too many defendants may be receiving mental health referrals. “For felonies, the number is over 70% that come back as competent after the initial evaluation,” he said.
However, some legal experts believe SB-132 could worsen delays rather than resolve them. Defense attorney Carlos Rodriguez warned that requiring hearings for every request could create additional hurdles. “All the while, the criminal case is pending, victims are probably frustrated and waiting. And then it has an impact on a judge’s caseload,” he explained.
Rodriguez also emphasized that judges already have the authority to deny mental health evaluations when deemed unnecessary. “To require a hearing in every single instance is only going to slow and frustrate the process that is already slowed and frustrated,” he argued.
As lawmakers discuss the bill, it’s unclear whether it will speed up the system or make delays worse. The bill is still moving forward, with both supporters and critics keeping a close watch.