McGouirk v. State, 303 Ga. 881

Ryan L. McGouirk was charged in 2016 with multiple violent offenses (including child molestation and arson) and released on bond.
McGouirk filed special pleas of mental incompetence; the department evaluator found him currently incompetent and recommended outpatient restoration, not hospitalization.
OCGA § 17-7-130(c) required that defendants found incompetent who are accused of "violent offenses" be transferred to the physical custody of the Department of Behavioral Health and Developmental Disabilities for evaluation, with inpatient custody mandatory unless the offense is nonviolent.
The trial court ordered McGouirk committed to inpatient custody for competency restoration under OCGA § 17-7-130(c); McGouirk sought review arguing due process and equal protection violations and requesting outpatient services.
This Court had recently decided Carr v. State, holding that the automatic, crime-based inpatient-commitment requirement of OCGA § 17-7-130(c) violates due process when applied to defendants not otherwise lawfully detained; the Court applied Carr here.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether OCGA § 17-7-130(c)’s automatic inpatient custody requirement for defendants charged with violent offenses violates due process when applied to a defendant released on bond and found incompetent	McGouirk: automatic detention based solely on the charged violent offense violates due process and equal protection; court should permit outpatient evaluation	State: statute authorizes transfer to department custody for evaluation; applied here to require inpatient commitment	Court: Followed Carr — statute as applied to similarly situated defendants is unconstitutional without an individualized determination; reversed the mandatory inpatient order and vacated transfer to custody
What standard the trial court must use when ordering commitment for evaluation under OCGA § 17-7-130(c)	McGouirk: court must consider individualized evidence and may order outpatient services where appropriate	State: statute permits mandatory transfer for violent offenses (no individualized inquiry)	Court: Trial court must make an individualized determination whether confinement (inpatient) reasonably advances the State’s evaluation purpose and may order outpatient evaluation if inpatient is not reasonably related

Carr v. State, 303 Ga. 853 (2018) (held that OCGA § 17-7-130(c)’s automatic inpatient commitment for defendants charged with violent crimes violates due process when applied to those not otherwise lawfully detained and requires individualized determinations)
Jackson v. Indiana, 406 U.S. 715 (1972) (due-process limits on the permissible duration of civil commitment following findings of incompetency)