Mental Health Defenses and the Criminal Justice System

Mental health issues are deeply intertwined with the criminal justice system, yet the system is often poorly equipped to address them effectively. Defendants experiencing serious mental illness face unique challenges that can dramatically impact their cases, their treatment, and their futures.

Melissa has extensive experience representing defendants struggling with mental health issues. In addition to her criminal defense background, she also has experience as a social worker, giving her a unique understanding of both the legal and human sides of these cases. Mental health cases require specialized knowledge, patience, and experience because they are often complicated to navigate within the criminal justice system.

Mental Health Treatment in Georgia

Mental health treatment resources in Georgia are severely limited, especially for individuals in custody. While state law requires the Department of Behavioral Health and Developmental Disabilities (DBHDD) to conduct a competency evaluation within 90 days of a court order, backlogs frequently delay this process. The true crisis, however, begins after a defendant is found incompetent to stand trial. Due to a severe shortage of available beds, it can take over a year (currently averaging 14 to 15 months) for a defendant to be transferred from a county jail to a state hospital for restoration treatment. Unless a defendant can secure private evaluations or alternative outpatient treatment, they are often effectively stuck in custody waiting for a bed.

Unless a defendant can obtain an outside evaluator, they are often effectively stuck in custody. Courts are frequently unwilling to release someone who requires a competency evaluation before legal proceedings can continue.

How Mental Health Evaluations Affect Criminal Cases

Once a mental health evaluation is requested, many aspects of a criminal case come to a halt. Court proceedings slow down significantly, plea negotiations may stall, and motions often cannot be resolved until the evaluation process is complete.

If the evaluation determines that the defendant requires mental health treatment in order to understand the legal proceedings or assist in their defense, the defendant may be deemed incompetent to stand trial. In those situations, the defendant typically cannot be released from custody and must wait for placement in a state mental health hospital.

Once admitted to a treatment facility, the defendant receives treatment and is periodically reevaluated to determine whether competency has been restored. These evaluations are generally conducted every ninety days.

Restoration of Competency and the "Dead Docket"

After treatment, the mental health hospital evaluates whether the defendant is competent to proceed with the criminal case. If doctors determine the defendant is unlikely to regain competency, the State may choose to place the case on the "dead docket."

A dead-docketed case is essentially placed on hold. The prosecution is paused unless circumstances change. While a defendant cannot be held indefinitely solely on the incompetence to stand trial, (Jackson v. Indiana - 1972) the process for receiving an evaluation routinely exceeds the ninety day timeline set by Georgia law. If the defendant commits another offense or later becomes competent to stand trial, the case may be revived and returned to active prosecution.

A Growing Crisis in Local Jails

Jails across Georgia are currently overcrowded with inmates who need mental health evaluations, treatment, and rehabilitation services. Unfortunately, delays in the system often leave mentally ill defendants incarcerated for extended periods without receiving the treatment they need. On average, the current wait time for a mental health bed in the state of Georgia is more than 410 days.

Mental health defenses require attorneys who understand not only the law, but also the realities of mental illness, treatment systems, and the challenges defendants face while navigating the criminal justice process.

This article is for informational purposes and discusses general topics related to mental health defenses in Atlanta, Georgia as of May 2026.