Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB771

Introduced
2/6/23  

Caption

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

Impact

One notable impact of SB771 is the establishment of specific guidelines for how competency evaluations are conducted. This includes allowing for the Office of Public Guardian to participate in proceedings when questions of intellectual disability arise. The changes are intended to create a more efficient process in determining whether a defendant can understand the charges against them and assist in their own defense. Moreover, the legislation stipulates that individuals found to be incompetent but not dangerous may be conditionally released under the supervision of the Department of Human Services, thus balancing public safety with the needs of individuals requiring mental health support.

Summary

Senate Bill 771 addresses the determination of competency for individuals charged with crimes in Oklahoma. It amends sections of Title 22 of the Oklahoma Statutes to redefine terms related to competency and establish more explicit procedures for assessing an individual's mental state during criminal proceedings. The bill outlines the roles of the court, the Department of Mental Health and Substance Abuse Services, and the Office of Public Guardian in evaluating and managing individuals deemed incompetent due to mental health issues, thereby aiming to better protect the rights and welfare of these individuals while addressing public safety concerns.

Contention

The bill has sparked discussions regarding the adequacy of mental health resources and the balance between legal rights and public protection. Some critics argue that the provisions might not fully address the complexities of assessing competency, especially in cases involving individuals with varying degrees of intellectual disabilities. Additionally, the role of the Office of Public Guardian in these proceedings raises questions about resource availability and the capacity of such organizations to effectively manage additional responsibilities. Thus, while SB771 aims to streamline processes related to competency determinations, its implementation may face scrutiny regarding its ability to protect both individual rights and community safety.

Companion Bills

No companion bills found.

Previously Filed As

OK SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK SB1089

Determination of competency; modifying procedures for proceedings for restoration of competency; requiring certain reporting. Effective date.

OK SB198

Guardianship; modifying procedures for determination of guardianship for incapacitated person. Effective date.

OK SB1738

Death penalty procedure; modifying procedures for determination of mental competency. Effective date.

OK SB1783

Criminal procedure; authorizing use of certain treatment programs for pretrial release; authorizing order for electronic monitoring; requiring court to make certain determination for restoration of competence. Effective date.

OK HB3646

Criminal procedure; competency proceedings; Involuntary Administration of Medication hearings; effective date.

Similar Bills

OK SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK SB1089

Determination of competency; modifying procedures for proceedings for restoration of competency; requiring certain reporting. Effective date.

OK HB3205

Fees and costs; Juvenile Code; costs of representation in certain proceedings; effective date; emergency.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK HB1621

Criminal procedure; insanity of accused; modifying membership of the Forensic Review Board; effective date.