Oklahoma § 22-1175.2 - Application for determination of competency - Service Notice - Suspension of criminal proceedings

§ 22-1175.2. Application for determination of competency - Service Notice - Suspension of criminal proceedings

A. No person shall be subject to any criminal procedures after

the person is determined to be incompetent except as provided in

Sections 1175.1 through 1175.8 of this title. The question of the

incompetency of a person may be raised by the person, the attorney

for the person whose competency is in question, or the district

attorney, by an application for determination of competency. The

application for determination of competency shall allege that the

person is incompetent to undergo further proceedings, and shall

state facts sufficient to raise a doubt as to the competency of the

person. The court, at any time, may initiate a competency

determination on its own motion, without an application, if the

court has a doubt as to the competency of the person.

If the court so initiates such an application, it may appoint

the district attorney for the purpose of proceeding with the

application. If the district attorney opposes the application of

the court, and by reason of a conflict of interest could not

represent the court as applicant, then the court shall appoint

private counsel. Said private counsel shall be reasonably

compensated by the court fund.

B. A copy of the application for determination of competency

and a notice, as hereinafter described, shall be served personally

at least one (1) day before the first hearing on the application for

a competency determination. The notice shall contain the following

information:

1. The definition provided by Section 1175.1 of this title of

competency and incompetency;

2. That, upon request, the hearing on the application may be

conducted as a jury trial as provided in Section 1175.4 of this

title;

3. That the petitioner and any witnesses identified in the

application may offer testimony under oath at the hearings on the

petition and that the defendant may not be called to testify against

the defendant’s will, unless the application is initiated by the

defendant;

4. That if the person whose competency is in question does not

have an attorney, the court will appoint an attorney for the person

who shall represent the person until final disposition of the case;

Oklahoma Statutes - Title 22. Criminal Procedure

5. That if the person whose competency is in question is

indigent or poor, the court will pay the attorney fees; and

6. That the person whose competency is in question shall be

afforded such other rights as are guaranteed by state and federal

law and that such rights include a trial by jury, if demanded. The

notice shall be served upon the person whose competency is in

question, upon the person’s father, mother, husband, or wife or, in

their absence, someone of the next of kin, of full age, if any said

persons are known to be residing within the county, and upon any of

said relatives residing outside of the county, and within the state,

as may be ordered by the court, and also upon the person with whom

the person whose competency is in question may reside, or at whose

house the person may be. The person making such service shall make

affidavit of the same and file such notice, with proof of service,

with the district court. This notice may be served in any part of

this state.

C. Any criminal proceedings against a person whose competency

is in question shall be suspended pending the determination of the

competency of the person.

Added by Laws 1980, c. 336, § 2, emerg. eff. June 25, 1980. Amended

by Laws 1983, c. 104, § 1, eff. Nov. 1, 1983; Laws 2000, c. 421, §

3, eff. Nov. 1, 2000.