Key Information

Relevant Statutes and Rules

22 Okla. Stat. § 1175.1--1175.8

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

Okla. Stat. Ann. tit. 22, § 1175.3(D) (West)

Qualifications of examiners

Department of Mental Health and Substance Abuse Services or by a qualified forensic examiner designated by the Department to perform competency examinations

Okla. Stat. Ann. tit. 22, § 1175.3(D) (West)

“Qualified forensic examiner” means any:
a. psychiatrist with forensic training and experience,
b. psychologist with forensic training and experience, or
c. a licensed mental health professional whose forensic training and experience enable him or her to form expert opinions regarding mental illness, competency and dangerousness and who has been approved to render such opinions by the court;

Okla. Stat. Ann. tit. 22, § 1175.1(5) (West)

What must the evaluation report contain

Qualified examiner shall determine

"1. If the person is able to appreciate the nature of the charges made against such person;
2. If the person is able to consult with the lawyer and rationally assist in the preparation of the defense of such person;
3. If the person is unable to appreciate the nature of the charges or to consult and rationally assist in the preparation of the defense, whether the person can attain competency within a reasonable period of time as defined in Section 1175.1 of this title if provided with a course of treatment, therapy or training;
4. If the person is a person requiring treatment as defined by Section 1-103 of Title 43A of the Oklahoma Statutes;
5. If the person is incompetent because the person is intellectually disabled as defined in Section 1408 of Title 10 of the Oklahoma Statutes;
6. If the answers to questions requirements of paragraphs 4 and 5 of this subsection are not established, the reasoning for which the defendant is otherwise incompetent; and
7. If the person were released, whether such person would presently be dangerous as defined in Section 1175.1 of this title."

Okla. Stat. Ann. tit. 22, § 1175.3(E) (West)

Are low-level offenses excluded from restoration

Not stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient if dangerous/gravely disabled:

"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."

Okla. Stat. Ann. tit. 22, § 1175.6a(A) (West)

Otherwise inpatient or outpatient "depending on the facilities and resources available to the court and the type of disability sought to be corrected by the court's order."

Okla. Stat. Ann. tit. 22, § 1175.7(B) (West)

What is the test for restorability

"capable of achieving competence with treatment within a reasonable period of time"

Okla. Stat. Ann. tit. 22, § 1175.6a(A) (West)

What is the procedure after restoration

"If the person is determined by the Department of Mental Health and Substance Abuse Services or designee to have regained competency. . .  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."

Okla. Stat. Ann. tit. 22, § 1175.6a(C) (West)

If the medical supervisor reports that the person appears to have achieved competency after a finding of incompetency, the court shall hold another competency hearing to determine if the person has achieved competency. If competency has been achieved, the criminal proceedings shall be resumed.

Okla. Stat. Ann. tit. 22, § 1175.8 (West)

What is the procedure if there is a finding of unrestorability

The court shall commence civil commitment proceedings pursuant to Title 43A 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, the statute of limitations for the criminal charges which were dismissed by the court shall be tolled until the person is discharged.

Okla. Stat. Ann. tit. 22, § 1175.6a(D) (West)

What are the time limits on initial transfer to restoration services

"reasonable period of time"

Okla. Stat. Ann. tit. 22, § 1175.6a(A) (West)

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

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 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.

Okla. Stat. Ann. tit. 22,  § 1175.6a (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

Not stated.

Time limits on treatment

"reasonable period of time," which means the lesser of
(1) maximum sentence specified for the most serious offense with which the defendant is charged OR
(2) two years

Okla. Stat. Ann. tit. 22, § 1175.1(6) (West)