Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1113

Introduced
2/7/22  

Caption

Criminal procedure; modifying provisions relating to competency restoration services. Effective date.

Impact

The proposed changes to Section 1175.6a of the Oklahoma Statutes reflect an effort to streamline the process by which individuals can achieve competency and have their criminal proceedings resumed. Supporters of SB1113 argue that it will enhance the rights of defendants and reduce delays in the judicial process. By allowing treatment to commence in jails, it ensures that individuals receive necessary evaluations and assistance without unnecessary detainment, which would otherwise occur if they were waiting for placement in a forensic facility.

Summary

Senate Bill 1113 introduces significant modifications to the procedures surrounding the restoration of competency for individuals facing criminal charges in Oklahoma. The legislation amends existing statutes to require the provision of competency restoration services in county jails under certain conditions, particularly if forensic beds in designated facilities are unavailable. This shift aims to ensure that individuals deemed incompetent to stand trial receive timely treatment while still in custody, thus addressing concerns over prolonged waits for treatment in forensic settings.

Contention

However, the bill is not without its points of contention. Critics raise concerns regarding the adequacy of mental health resources within county jails and whether they can effectively manage the complex needs of individuals requiring competency restoration services. Issues related to the potential for coercion in treatment provision are also highlighted, particularly since attending physicians in forensic facilities may administer treatment without the consent of the individual. Thus, valid fears about the implications for personal autonomy and mental health care standards persist.

Overall_significance

Overall, SB1113 signifies a notable step toward improving the handling of individuals with mental health issues within the criminal justice system. By redefining the responsibilities of county jails and the Department of Mental Health and Substance Abuse Services, it seeks to promote a more coordinated response to competency restoration, while challenging the state to enhance resource allocations and training for jail staff to better support this vulnerable population.

Companion Bills

No companion bills found.

Previously Filed As

OK SB1089

Determination of competency; modifying procedures for proceedings for restoration of competency; requiring certain reporting. 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 SB811

Criminal procedure; requiring implementation of certain competency restoration pilot program. Effective date. Emergency.

OK HB3646

Criminal procedure; competency proceedings; Involuntary Administration of Medication hearings; 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 HB2137

Criminal procedures; resumption of competency; administration of medication; notification; authorization; effective date.

OK HB1621

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

OK HB1621

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

Similar Bills

OK HB2668

Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund; Office of Management and Enterprise Services approval; Oklahoma Department of Veterans Affairs; treatment of traumatic brain injuries hyperbaric chambers; reimbursement Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund; treatment plans; costs of treatment; effective date.

OK HB2668

Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund; Office of Management and Enterprise Services approval; Oklahoma Department of Veterans Affairs; treatment of traumatic brain injuries hyperbaric chambers; reimbursement Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund; treatment plans; costs of treatment; 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 SB541

Crimes and punishments; modifying provisions related to assault and battery. Effective date.

OK SB537

Assault and battery; removing certain intent stipulation; expanding certain definition. Effective date.

OK SB537

Assault and battery; removing certain intent stipulation; expanding certain definition. Effective date.