Oklahoma § 22-1175.6 - Disposition orders - Placement in secure ward

§ 22-1175.6. Disposition orders - Placement in secure ward

Upon the finding by the jury or the court as provided by Section

1175.5 of this title, the court shall issue the appropriate order

regarding the person as follows:

1. If the person is found to be competent, the criminal

proceedings shall be resumed;

2. If the person is found to be incompetent because the person

is a person requiring treatment as defined in Title 43A of the

Oklahoma Statutes, the court shall issue the appropriate order as

set forth in Section 1175.6a of this title;

3. If the person is found to be incompetent because the person

is intellectually disabled as defined in Section 1408 of Title 10 of

the Oklahoma Statutes, the court shall issue the appropriate order

as set forth in Section 1175.6b of this title; and

4. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes, or for reasons

other than the person is intellectually disabled as defined in

Section 1408 of Title 10 of the Oklahoma Statutes, the court shall

Oklahoma Statutes - Title 22. Criminal Procedure

issue the appropriate order as set forth in Section 1175.6c of this

title.

Added by Laws 1980, c. 336, § 6, emerg. eff. June 25, 1980. Amended

by Laws 1983, c. 104, § 2, eff. Nov. 1, 1983; Laws 1989, c. 75, § 1,

emerg. eff. April 17, 1989; Laws 1989, c. 348, § 17, eff. Nov. 1,

1989; Laws 1990, c. 51, § 18, emerg. eff. April 9, 1990; Laws 1997,

c. 407, § 6, eff. Nov. 1, 1997; Laws 2000, c. 421, § 7, eff. Nov. 1,

2000; Laws 2004, c. 106, § 5, eff. April 1, 2005; Laws 2019, c. 475,

§ 23, eff. Nov. 1, 2019.

§22-1175.6a. Person capable of achieving competence within

reasonable time - Suspension of criminal proceedings - Civil

commitment.

A. If the person is found to be incompetent prior to conviction

because he or she is a person requiring treatment as defined in

Section 1-103 of Title 43A of the Oklahoma Statutes, but capable of

achieving competence with treatment within a reasonable period of

time as defined by Section 1175.1 of this title, the court shall

suspend the criminal proceedings and order the Department of Mental

Health and Substance Abuse Services to provide treatment, therapy or

training which is calculated to allow the person to achieve

competency. The Department may designate a willing entity to

provide such competency restoration services on behalf of the

Department, provided the entity has qualified personnel. The court

shall further order the Department to take custody of the individual

as soon as a forensic bed becomes available, unless both the

Department and the county jail where the person is being held

determine that it is in the best interests of the person to remain

in the county jail. Such competency restoration services shall

begin within a reasonable period of time after the court has

determined that the person is not competent to stand trial.

The person shall remain in the custody of the county jail until

such time as the Department has a bed available at the forensic

facility unless competency restoration services are provided by a

designee of the Department, in which case custody of the person

shall be transferred to the Department.

B. The Department of Mental Health and Substance Abuse Services

or designee shall make periodic reports to the court as to the

competency of the defendant.

C. If the person is determined by the Department of Mental

Health and Substance Abuse Services or designee to have regained

competency, or is no longer incompetent because the person is a

person requiring treatment as defined by Section 1-103 of Title 43A

of the Oklahoma Statutes, a hearing shall be scheduled within twenty

(20) days:

1. If found competent by the court or a jury after such

rehearing, criminal proceedings shall be resumed;

Oklahoma Statutes - Title 22. Criminal Procedure

2. If the person is found to continue to be incompetent because

the person is a person requiring treatment as defined in Section 1103 of Title 43A of the Oklahoma Statutes, the person shall be

returned to the custody of the Department of Mental Health and

Substance Abuse Services or designee;

3. If the person is found to be incompetent because the person

is an individual with intellectual disability as defined by Section

1408 of Title 10 of the Oklahoma Statutes, the court shall issue the

appropriate order as set forth in Section 1175.6b of this title;

4. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes, and other than

the person is an individual with intellectual disability as defined

in Section 1408 of Title 10 of the Oklahoma Statutes, and is also

found to be not dangerous as defined by Section 1175.1 of this

title, the court shall issue the appropriate order as set forth in

Section 1175.6b of this title; or

5. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes, and other than

the person is an individual with intellectual disability as defined

in Section 1408 of Title 10 of the Oklahoma Statutes, but is also

found to be dangerous as defined by Section 1175.1 of this title,

the court shall issue the appropriate order as set forth in Section

1175.6c of this title.

D. If the person is found to be incompetent because the person

is a person requiring treatment as defined by Section 1-103 of Title

43A of the Oklahoma Statutes, but not capable of achieving

competence with treatment within a reasonable period of time as

defined by Section 1175.1 of this title, the court shall commence

civil commitment proceedings pursuant to Title 43A of the Oklahoma

Statutes and shall dismiss without prejudice the criminal

proceeding. If the person is subsequently committed to the

Department of Mental Health and Substance Abuse Services pursuant to

Title 43A of the Oklahoma Statutes, the statute of limitations for

the criminal charges which were dismissed by the court shall be

tolled until the person is discharged from the Department of Mental

Health and Substance Abuse Services pursuant to Section 7-101 of

Title 43A of the Oklahoma Statutes.

E. For a person undergoing competency restoration services,

within thirty (30) days after the expiration of the reasonable

period of time as defined by Section 1175.1 of this title, the court

shall hold a hearing to determine whether the person has been

restored to competency.

1. No less than fifteen (15) days prior to the hearing the

Department of Mental Health and Substance Abuse Services shall

submit a report to the court, the person’s attorney, and the

Oklahoma Statutes - Title 22. Criminal Procedure

prosecuting agency detailing the person’s status and progress in

being restored to competency including the person’s historical and

current compliance with medication and treatment and a plan for

competency restoration if additional competency restoration services

are ordered by the court.

2. If the court determines that the person has been restored to

competency, the criminal proceedings shall resume.

3. If the court determines that the person has not been

restored to competency, the court shall determine whether additional

competency restoration services are likely to be beneficial in

restoring the person to competency. If the court finds by a

preponderance of the evidence that additional competency restoration

services are:

a.

likely to be beneficial in restoring the person to

competency, the court shall order the person to remain

in or be transferred to the custody of the Department

which shall continue to provide treatment, therapy, or

training calculated to restore the person to

competency for a period of time not to exceed the

lesser of an additional two (2) years or the maximum

sentence specified for the most serious offense with

which the defendant is charged, or

b.

not likely to be beneficial in restoring the person to

competency, the court shall commence civil commitment

proceedings pursuant to Title 43A of the Oklahoma

Statutes and shall dismiss without prejudice the

criminal proceeding. If the person is subsequently

committed to the Department pursuant to Title 43A of

the Oklahoma Statutes, the statute of limitations for

the criminal charges which were dismissed by the court

shall be tolled until the person is discharged from

the Department pursuant to Section 7-101 of Title 43A

of the Oklahoma Statutes.

Added by Laws 2004, c. 106, § 6, eff. April 1, 2005. Amended by

Laws 2015, c. 300, § 2, emerg. eff. May 11, 2015; Laws 2018, c. 290,

§ 2, emerg. eff. May 10, 2018; Laws 2019, c. 475, § 24, eff. Nov. 1,

2019; Laws 2025, c. 364, § 2, eff. Nov. 1, 2025.

§22-1175.6b. Incompetence due to intellectual disability Suspension of criminal proceedings - Placement - Conditional

release.

A. If the person is found to be incompetent primarily because

the person is intellectually disabled as defined in Section 1408 of

Title 10 of the Oklahoma Statutes and is also found by the court to

be dangerous as defined by Section 1175.1 of this title, the court

shall suspend the criminal proceedings and place the person into the

custody of the Office of Public Guardian. The Office of Public

Oklahoma Statutes - Title 22. Criminal Procedure

Guardian shall act with all powers set forth in the Oklahoma Public

Guardianship Act, and:

1. The Office of Public Guardian shall place any person placed

in its custody under this title in a facility or residential

setting, private or public, willing to accept the individual and

that has a level of supervision and security that is appropriate to

the needs of the person;

2. Such placements shall be within the sole discretion of the

Office of Public Guardian;

3. All such placements made by the Office of Public Guardian

shall be made within six (6) months of the date of the order

awarding custody to the Office of Public Guardian;

4. The Office of Public Guardian shall report to the court at

least every six (6) months as to the status of the person including,

but not limited to, the type of placement, services provided, level

of supervision, the medical and psychological health of the person,

whether the person would be dangerous if conditionally released into

a nonsecure environment, the assistance and services that would be

required for such conditional release and whether the person has

achieved competency;

5. If the person is determined by the Office of Public Guardian

to have regained competency or that conditional release to a private

guardian or other caretaker is appropriate, a hearing shall be

scheduled within twenty (20) days. If found competent by the court

or a jury after such rehearing, criminal proceedings shall be

resumed. If the court finds conditional release to be appropriate,

the court shall make an appropriate order for conditional release;

and

6. The provisions of subsections C, H and I of Section 6-101 of

Title 30 of the Oklahoma Statutes shall not apply to custody orders

arising under this title.

B. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes and is found to

be not dangerous as defined by Section 1175.1 of this title, the

court shall suspend the criminal proceedings and either refer the

person to the Department of Human Services for consideration of

voluntary assistance or conditionally release the person as set

forth in this section.

1. For any person recommended for conditional release, a

written plan for services shall be prepared by the Department of

Human Services and filed with the court. In its order of

conditional release, the court shall specify the conditions of

release and shall direct the appropriate agencies or persons to

submit annual reports regarding the person’s compliance with the

conditions of release and progress:

Oklahoma Statutes - Title 22. Criminal Procedure

a.

to be eligible for conditional release, the person

shall agree, in writing, that during the period the

person is granted conditional release and is subject

to the provisions thereof, there shall be free

transmission of all pertinent information, including

clinical information regarding the person, among the

person’s treatment providers, the appropriate district

attorneys, law enforcement and court personnel. To

effect this agreement, the person shall execute any

releases required by law to allow for the

dissemination of this information,

b.

the court’s order placing the person on conditional

release shall include notice that the person’s

conditional release may be revoked upon good cause,

c.

the district attorney, as well as any agency or

individual involved in providing services with regard

to the person’s conditional release, may prepare and

file an affidavit under oath if the district attorney,

agency, or individual believes that the person has

failed to comply with the conditions of release. The

court shall then conduct a hearing to determine if the

person has violated the conditions of release. Notice

of the hearing shall be issued, at least twenty-four

(24) hours before the hearing, to the Department of

Human Services, the person, trial counsel for the

person, and the client advocate general of the

Department of Human Services. After reviewing the

evidence concerning any alleged violation of the

conditions of the release, the person’s progress,

treatment alternatives, and the need for public

safety, the court may order no change to the

conditions for the person’s release or modify the

conditions of release, and

d.

the person placed on conditional release shall remain

in a conditional release status until the reviewing

court issues a full release from all conditions.

2. If the person is determined by the Department of Human

Services to have regained competency, a hearing shall be scheduled

within twenty (20) days:

a.

if found competent by the court or a jury after such

rehearing, criminal proceedings shall be resumed,

b.

if the person is found to continue to be incompetent,

the person shall be returned to either conditional

release or referred to the Department of Human

Services for consideration of voluntary assistance.

Oklahoma Statutes - Title 22. Criminal Procedure

C. The Office of Public Guardian shall have standing to

participate in any proceeding held pursuant to this section as

deemed necessary by the Office.

Added by Laws 2004, c. 106, § 7, eff. April 1, 2005. Amended by

Laws 2019, c. 475, § 25, eff. Nov. 1, 2019; Laws 2024, c. 73, § 4,

eff. Nov. 1, 2024.

§22-1175.6c. Person incompetent for reasons other than needed

treatment or due to intellectual disability - Dangerous to self or

others - Placement.

A. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by Title

43A of the Oklahoma Statutes, or the person is intellectually

disabled as defined by Title 10 of the Oklahoma Statutes, but is

also found to be dangerous as defined by Section 1175.1 of this

title, the court shall suspend the criminal proceedings and refer

the matter to the Department of Human Services and Department of

Mental Health and Substance Abuse Services for determination of

appropriate placement.

B. The Department of Human Services and the Department of

Mental Health and Substance Abuse Services shall jointly establish

procedures by April 1, 2005, to determine the appropriate placement

of individuals who are found to be incompetent to stand trial for

reasons other than the person is a person requiring treatment as

defined by Title 43A of the Oklahoma Statutes, or the person is

intellectually disabled as defined by Title 10 of the Oklahoma

Statutes. Both agencies shall then submit their joint

recommendation to the court for determination of appropriate

placement.

Added by Laws 2004, c. 106, § 8, eff. April 1, 2005. Amended by

Laws 2019, c. 475, § 26, eff. Nov. 1, 2019.