O.C.G.A. § 17-10-71 (2019)
Procedure upon convicted person’s regaining mental competency
If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section
Annotations
Cross references. - Prohibition against compelling payment of costs prior to conviction on final trial, Ga. Const. 1983, Art. I, Sec. I, Para. XXIV.
Costs, Rules of the Supreme Court of the State of Georgia, Rule 11.
Costs, Rules of the Court of Appeals of the State of Georgia, Rule 17.
U.S. Code. - Stay of execution and the manner of prosecuting offenses punishable by death, Federal Rules of Criminal Procedure, Rules 38(a) and 7(a).
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ARTICLE 1 GENERAL PROVISIONS
Cross references. - Assessment of costs in criminal cases, Uniform Superior Court Rules, Rule 36.15.