Oklahoma § 22-1176 - Raising issue of mental illness or insanity at time of

§ 22-1176. Raising issue of mental illness or insanity at time of

offense.

A. If the defendant intends to raise the question of mental

illness or insanity at the time of the offense, the defendant shall

file notice with the court no later than thirty (30) days after

formal arraignment. Additionally, if the defendant is financially

unable to obtain the services of a qualified mental health

professional, the defendant shall file an application with the court

at the time of the filing of notice of insanity defense. The

procedure to be followed for review of such an application will be

the same as provided in Section 1175.3 of this title.

B. In cases not involving the appointment of the Oklahoma

Indigent Defense System pursuant to Sections 1355 through 1370.1 of

this title, if the court finds that the defendant's sanity at the

time of the offense is to be a significant factor in his defense at

trial and that the defendant is financially unable to obtain the

services of a qualified mental health professional, the court shall

provide the defendant with access to a qualified mental health

professional by authorizing counsel to obtain the services of a

Oklahoma Statutes - Title 22. Criminal Procedure

qualified mental health professional to conduct an appropriate

examination and assist in evaluation, preparation and presentation

of the defense. Compensation for such services shall be paid by the

court fund, as authorized by Section 1304 of Title 20 of the

Oklahoma Statutes.

C. As used in this section, "qualified mental health

professional" means an individual certified or licensed in this

state to practice psychiatry, psychology, professional counseling,

or social work.

Added by Laws 1985, c. 232, § 2, emerg. eff. July 8, 1985. Amended

by Laws 1991, c. 238, § 36, eff. July 1, 1991; Laws 2009, c. 239, §

1, eff. Nov. 1, 2009.