Oklahoma § 22-1175.1 - Definitions

§ 22-1175.1. Definitions

As used in Sections 1175.1 through 1176 of this title:

1. “Competent” or “competency” means the present ability of a

person arrested for or charged with a crime to understand the nature

of the charges and proceedings brought against him or her and to

effectively and rationally assist in his or her defense;

2. “Criminal proceeding” means every stage of a criminal

prosecution after arrest and before judgment, including, but not

limited to, interrogation, lineup, preliminary hearing, motion

dockets, discovery, pretrial hearings and trial;

3. “Dangerous” means a person who is a person requiring

treatment as defined in Section 1-103 of Title 43A of the Oklahoma

Statutes;

4. “Incompetent” or “incompetency” means the present inability

of a person arrested for or charged with a crime to understand the

nature of the charges and proceedings brought against him or her and

to effectively and rationally assist in his or her defense;

5. “Public guardian” means the Office of Public Guardian as

established under the Oklahoma Public Guardianship Act in Section 6101 et seq. of Title 30 of the Oklahoma Statutes;

6. “Qualified forensic examiner” means any:

a.

psychiatrist with forensic training and experience,

b.

psychologist with forensic training and experience, or

c.

a licensed mental health professional whose forensic

training and experience enable him or her to form

expert opinions regarding mental illness, competency

and dangerousness and who has been approved to render

such opinions by the court; provided, however, a

licensed mental health professional shall not be

qualified to issue expert opinions as to competency or

dangerousness in cases in which a person is alleged to

be incompetent due to intellectual disability; and

7. “Reasonable period of time” means a period not to exceed the

lesser of:

a.

the maximum sentence specified for the most serious

offense with which the defendant is charged, or

b.

a maximum period of two (2) years.

Any time period where the defendant refuses medication

prescribed or ordered that is designed to restore the defendant to

Oklahoma Statutes - Title 22. Criminal Procedure

competency shall not be used in the calculation of a reasonable

period of time.

Added by Laws 1980, c. 336, § 1, emerg. eff. June 25, 1980. Amended

by Laws 1992, c. 207, § 1, eff. Sept. 1, 1992; Laws 2000, c. 421, §

2, eff. Nov. 1, 2000; Laws 2004, c. 106, § 2, eff. April 1, 2005;

Laws 2011, c. 294, § 3, eff. Nov. 1, 2011; Laws 2024, c. 73, § 1,

eff. Nov. 1, 2024; Laws 2025, c. 364, § 1, eff. Nov. 1, 2025.