Oklahoma § 22-1175.4 - Post-examination competency hearing - Evidence Presumptions - Jury trial - Presence of accused - Witnesses Instructions

§ 22-1175.4. Post-examination competency hearing - Evidence Presumptions - Jury trial - Presence of accused - Witnesses Instructions

A. A hearing to determine the competency of the person whose

competency is in question shall be held within thirty (30) days

after the qualified forensic examiner or examiners have made the

determination required in Section 1175.3 of this title. In such

cases where intellectual disability may be involved, the Office of

Public Guardian shall have standing to participate in any stage of

the proceedings as deemed necessary by the Office.

B. The court, at the hearing, shall determine by a

preponderance of the evidence if the person is incompetent. Such

determination shall include consideration of all reports prepared by

the qualified forensic examiner or examiners; provided, however, in

any case where intellectual disability may be involved, the

recommendations of examiners set forth in subparagraph b of

paragraph 1 of subsection D of Section 1175.3 of this title shall be

considered by the court. The person shall be presumed to be

competent for the purposes of the allocation of the burden of proof

and burden of going forward with the evidence. If the court deems

Oklahoma Statutes - Title 22. Criminal Procedure

it necessary, or if the person alleged to be a person requiring

treatment, or any relative, friend, or any person with whom he may

reside, or at whose house the person may be, shall so demand, the

court shall schedule the hearing on the application as a jury trial

to be held within seventy-two (72) hours of the request, excluding

weekends and legal holidays, or within as much additional time as is

requested by the attorney of the person whose competency is in

question, upon good cause shown. The jury shall be composed of six

(6) persons having the qualifications required of jurors in courts

of record, summoned to determine the questions of the person’s

competency and need for treatment. Whenever a jury is required, the

court shall proceed to the selection of such jury in the manner as

provided by law and such jury shall determine the questions of the

competency and need for treatment of the person whose competency is

in question. The jurors shall receive fees for attendance and

mileage as are allowed by law.

C. The person whose competency is in question shall have the

right to be present at the hearing on the petition unless it is made

to appear to the court that the presence of the person makes it

impossible to conduct the hearing in a reasonable manner. The court

may not decide in advance of the hearing, solely on the basis of the

certificate of the examining doctor or doctors, that the person

whose competency is in question should not be allowed to appear. It

shall be made to appear to the court based on clear and convincing

evidence that alternatives to exclusion were attempted before the

court renders the person’s removal for that purpose or the person’s

appearance at such hearing improper and unsafe.

D. All witnesses shall be subject to cross-examination in the

same manner as is provided by law. If so stipulated by counsel for

a person whose competency is in question, the district attorney and

the court, testimony may be given by telephone or other electronic

transmitting device approved by the court. No statement, admission

or confession made by the person whose competency is in question

obtained during the examination for competency may be used for any

purpose except for proceedings under Section 1175.1 et seq. of this

title. No such statement, admission or confession may be used

against such person in any criminal action whether pending at the

time the hearing is held or filed against such person at any later

time, directly, indirectly or in any manner or form.

E. If the question of competency is submitted to a jury, the

court shall instruct the jury as to the law regarding competency,

and the findings they are to make. If the trial of the question is

to the court, the court shall make the required findings.

Added by Laws 1980, c. 336, § 4, emerg. eff. June 25, 1980. Amended

by Laws 1985, c. 190, § 1, eff. Nov. 1, 1985; Laws 1991, c. 178, §

3, eff. Sept. 1, 1991; Laws 1996, c. 161, § 2, eff. Nov. 1, 1996;

Oklahoma Statutes - Title 22. Criminal Procedure

Laws 2000, c. 421, § 5, eff. Nov. 1, 2000; Laws 2024, c. 73, § 3,

eff. Nov. 1, 2024.