Oklahoma § 22-1175.7 - Persons incompetent but capable of achieving competency

§ 22-1175.7. Persons incompetent but capable of achieving competency

within reasonable time - Treatment order - Medical supervisor Commitment - Private treatment - Involuntary commitment to

Department of Human Services prohibited.

A. If the person is found incompetent, but capable of achieving

competency within a reasonable period of time, as defined by the

court, the court shall order such person to undergo such treatment,

therapy or training which is calculated to allow the person to

achieve competence.

B. If the person is not committed to the custody of the

Department of Mental Health and Substance Abuse Services, the court

shall appoint a medical supervisor for a course of treatment. The

medical supervisor of treatment may be any person or agency that

agrees to supervise the course of treatment. The proposed treatment

may be either inpatient or outpatient care depending on the

Oklahoma Statutes - Title 22. Criminal Procedure

facilities and resources available to the court and the type of

disability sought to be corrected by the court's order. The court

shall require the supervisor to provide periodic progress reports to

the court and may pay for the services of the medical supervisor

from court funds.

C. The court may not commit the incompetent person to the

custody of the Department of Mental Health and Substance Abuse

Services unless the person is a person requiring treatment as

defined by Title 43A of the Oklahoma Statutes.

D. The court may allow the person to receive treatment from

private facilities if such facilities are willing, and neither the

state nor the court fund is required to directly pay for such care.

E. In no event shall an incompetent individual be involuntarily

committed to the legal custody of the Department of Human Services

or any of its facilities.

Added by Laws 1980, c. 336, § 7, emerg. eff. June 25, 1980. Amended

by Laws 1990, c. 51, § 19, emerg. eff. April 9, 1990; Laws 1997, c.

407, § 7, eff. Nov. 1, 1997; Laws 2000, c. 421, § 8, eff. Nov. 1,

2000; Laws 2015, c. 300, § 3, emerg. eff. May 11, 2015.