Oklahoma § 22-1175.5 - Questions to be answered in determining competency
Full text of Oklahoma Oklahoma Statutes § 22-1175.5 — Questions to be answered in determining competency, with citation guidance and answers to common questions.
§ 22-1175.5. Questions to be answered in determining competency
The jury or the court, as the case may be, shall answer the
following questions in determining the disposition of the person
whose competency is in question:
1. Is the person incompetent to undergo further criminal
proceedings at this time? If the answer is no, criminal proceedings
shall be resumed. If the answer is yes, the following questions
shall be answered.
2. Can the incompetency of the person be corrected within a
reasonable period of time, as defined by Section 1175.1 of this
title, through treatment, therapy or training?
3. Is the person incompetent because the person is
intellectually disabled as defined in Section 1408 of Title 10 of
the Oklahoma Statutes?
4. Is the person incompetent because the person is a person
requiring treatment as defined by Section 1-103 of Title 43A of the
Oklahoma Statutes?
5. If the answers to questions 3 and 4 are no, why is the
defendant incompetent?
6. Is the person presently dangerous as defined in Section
1175.1 of this title if released?
Added by Laws 1980, c. 336, § 5, emerg. eff. June 25, 1980. Amended
by Laws 2000, c. 421, § 6, eff. Nov. 1, 2000; Laws 2004, c. 106, §
4, eff. April 1, 2005; Laws 2019, c. 475, § 22, eff. Nov. 1, 2019.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 22-1175.5
What does Oklahoma Statutes § 22-1175.5 cover?
Section 22-1175.5 ("Questions to be answered in determining competency") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 22-1175.5?
A common citation format is "Oklahoma Statutes § 22-1175.5" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 22-1175.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.