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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1113 By: Bergstrom
AS INTRODUCED
An Act relating to criminal procedure; ame nding 22
O.S. 2021, Section 1175.6a , which relates to
incompetence of accused; requiring provision of
certain competency restoration services in county
jail if certain condition is not met; allowing
attending physician of forensic facility to provide
treatment under cert ain conditions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
amended to read as follows:
Section 1175.6a. A. If the person is found to be incomp etent
prior to conviction because he or she is a p erson requiring
treatment as defined in Section 1-103 of Title 43A of the Oklahoma
Statutes, but capable of achieving competence with tr eatment within
a reasonable period of time as defined by Section 1175. 1 of this
title, the court shall suspend the crimi nal proceedings and order
the Department of Mental Health and Substance Abuse Services to
provide treatment, therapy or training which i s calculated to allow
the person to achieve competency . The Department may designate a
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willing entity to provide such c ompetency 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 person as soon as a forensic bed becomes
available, unless both the Dep artment 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 cou nty jail. Such competency
restoration services shall begin within a r easonable period of time
after the court has deter mined that the person is not competent t o
stand trial The Department may designate a willing entity to provide
competency restoration se rvices on behalf of the Department,
provided the entity has qualified personnel.
The person shall remain in the custody of the county jail until
such time as the Depar tment has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custo dy of the person
shall be transferred to the Departmen t. If a forensic bed has not
become available within thirty (30) calendar days after the court
has determined that the person is not co mpetent to stand trial, the
Department shall begin providing, or cause its designee to begin
providing, competency restoration services to the person in the
county jail.
If the person receives competency restoration services at the
forensic facility, t he attending physician of the forensic facility
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may treat the person as th e physician deems necessary without the
consent of the person. The physician shall act in accord ance with
applicable law, rule, and standard medical practice. The treatment
may include, but shall not be limited to, the use of medica tion
including psychotropic medication.
B. The Department of Mental Hea lth 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 Dep artment of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because the p erson is a
person requiring treatment as defined by Title 43A of the Oklahoma
Statutes, a hearing shall be scheduled wit hin twenty (20) days:
1. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
2. If the person is found to continue to be incompetent because
the person is a person requiring treatment as defined in Title 43A
of the Oklahoma Statutes, the pers on shall be returned to the
custody of the Departm ent of Mental Health and Substance Abuse
Services or designee;
3. If the person is found to be incompetent because the person
is intellectually disabled as defined by Title 10 of the Oklahoma
Statutes, the court shall issue the appropriate order as set fo rth
in Section 1175.6b of this title;
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4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by Titl e
43A of the Oklahoma Statutes, and oth er than the person is
intellectually disabled as d efined in 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 in competent for reasons other
than the person is a person requiring treatment as defined by Title
43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of t he Oklahoma
Statutes, but is also found to be dang erous 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 Secti on 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 43 A and shall dismiss
without prejudice the crimi nal 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 di smissed by the
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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.
SECTION 2. This act shall become effecti ve November 1, 2022.
58-2-2268 DC 11/17/2021 4:31:41 PM