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STATE OF OKLAHOMA
1st Session of the 59th Legislatu re (2023)
HOUSE BILL 1621 By: Worthen
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1161, which relates to insanity of
accused; modifying the Forensic Review Board;
amending 22 O.S. 2021, Section 1175.1 , 1175.3,
1175.6, 1176.6b, and 1175.8 which relate to
determination of competence ; adding the word
immediately in front of resume ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1161, is
amended to read as follows:
Section 1161. A. 1. An act committed by a person in a state
of mental illness or mental defect shall be adjudicated as gu ilty
with mental defect or as not guilty by reason of mental illness.
2. If a person is found guilty with mental defect or enters a
plea of guilty with mental defect which is accepted by the court,
the court at the time of sentencing shall impose any sent ence that
could be imposed by law upon a person who is convicted of the same
offense, and the person shall serve the sentence in cust ody of a
county jail or the Oklahoma Department of Corrections.
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3. If a person who is found guilty with mental defect is p laced
on probation under the jurisdiction of the sentencing court as
provided by law, the court shall immediately issue an order for the
person to be examined by the Department of Mental Health and
Substance Abuse Services. The time and place of such exam ination
shall be determined by the Department. Within forty -five (45) days,
the Department shall provide to the court a recommendati on of
treatment for the person, which shall be made a condition of
probation. Reports as specified by the trial judge shal l be filed
with the probation officer and the sentencing court. Failure to
continue treatment, except by agreement with the treating agency and
the sentencing court, is grounds for revocation of probation.
Treatment shall be provided by an agency of the Department or, with
the approval of the sentencing court and at the expense of the
person, by private agencies, private physicians or other mental
health personnel. A psychiatric report shall be filed with the
probation officer and the sentencing court ev ery six (6) months
during the period of probation.
4. When in any criminal action by indictment or information,
the defense of menta l illness is raised, but the defendant is not
acquitted on the ground that the defendant was mentally ill at the
time of the commission of the crime charged, an issue concerning
such defense may be raised on appeal. If the appellate court finds
relief is required, the appellate court shall not have authority to
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modify the judgment or sentence, but will only have the authority to
order a new trial or order resentencing without recommendations to
sentencing.
5. When in any criminal action by indictment or i nformation the
defense of mental illness is interposed either singly or in
conjunction with some other defense, the jury sh all state in the
verdict, if it is one of acquittal, whether or not the defendant is
acquitted on the ground of mental illness. When the defendant is
acquitted on the ground that the defendant was mentally ill at the
time of the commission of the crime ch arged, the person shall not be
discharged from custody until the court has made a determination
that the person is not dangerous to t he public peace and safety and
is a person requiring treatment.
B. 1. To assist the court in its determination, the court
shall immediately issue an order for the person to be examined by
the Department of Mental Health and Substance Abuse Services at a
facility the Department has designated to examine and treat forensic
individuals. Upon the issuance of the order, the sher iff shall
deliver the person to the designated facility.
2. Within forty-five (45) days of the court entering such an
order, a hearing shall be conducted by the court to ascertain
whether the person is dangerous to the public peace or safety
because the person is a person requiring treatment or, if not, is in
need of continued supervision as a result of unresolved symptoms of
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mental illness or a history of treatment noncompliance. During the
required period of hospitalization the Department of Mental Heal th
and Substance Abuse Services shall have the person examined by two
qualified psychiatrists or one such psychiatrist and one qualif ied
clinical psychologist whose training and experience enable the
professional to form expert opinions regarding mental il lness,
competency, dangerousness and criminal responsibility.
C. 1. Each examiner shall, within thirty -five (35) days of
hospitalization, individually prepare and submit to the court, the
district attorney and the trial counsel of the person a report of
the psychiatric examination findings of the person and an evaluation
concerning whether the person is dangerous to the public peace o r
safety.
2. If the court is dissatisfied with the reports or if a
disagreement on the issue of mental illness and dangero usness exists
between the two examiners, the court may designate one or more
additional examiners and have them submit their findings and
evaluations as specified in paragraph 1 of this subsection.
3. a. Within ten (10) days after the reports are filed, th e
court must conduct a hearing to determine the present
condition of the person as to the issue of whether:
(1) the person is dangero us to the public peace or
safety because the person is a person requiring
treatment, or
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(2) if not believed to be dangerous to the public
peace or safety, the person is in need of
continued supervision as a result of unresolved
symptoms of mental illness o r a history of
treatment noncompliance.
b. The district attorney must establish the foregoing by
a preponderance of the evi dence. At this hearing the
person shall have the assistance of counsel and may
present independent evidence.
D. 1. If the court fi nds that the person is not dangerous to
the public peace or safety because the person is a person requiring
treatment and is not in need of continued supervision as a result of
unresolved symptoms of mental illness or a history of treatment
noncompliance, it shall immediately discharge the person from
hospitalization.
2. If the court finds that the person is dangerous to the
public peace and safety, it shall commit the person to the custody
of the Department of Mental Health and Substance Abuse Services.
The person shall then be subject to discharge pursuant to the
procedure set forth in this section.
a. During the period of hospitalization, the Department
of Mental Health and Substance Abuse Services may
administer or cause to be administered to the perso n
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such psychiatric, medical or other therapeutic
treatment as in its judgment should be administered.
b. The person shall be subject to discharge or
conditional release pursuant to the procedures set
forth in this section.
E. If at any time the court find s the person is not dangerous
to the public peace or safety because the person is a person
requiring treatment, but is in n eed of continued supervision as a
result of unresolved symptoms of mental illness or a history of
treatment noncompliance, the court may:
1. Discharge the person pursuant to the procedure set forth in
this section;
2. Discharge the person, and upon the m otion of the court or
the district attorney commence civil involuntary commitment
proceedings against the person pursuant to the prov isions of Title
43A of the Oklahoma Statutes; or
3. Order conditional release, as set forth in subsection F of
this section.
F. There is hereby created a Forensic Review Board to be
composed of seven (7) members appointed by the Governor with the
advice and consent of the Senate. The Board members shall serve for
a term of five (5) years except that for members first appoin ted to
the Board: one shall serve for a term ending December 31, 2008, two
shall serve for a term ending December 31, 2009, two shal l serve a
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term ending December 31, 2010, and two shall serve for a term ending
December 31, 2011.
1. The Board shall be co mposed of:
a. four licensed mental health professionals with
experience in treating mental illness , at least one of
whom is licensed as a Doctor of Medicine, a Doctor of
Osteopathy, or a licensed clinical psychologist and
shall be appointed from a list of seven names
submitted to the Governor by the Department of Mental
Health and Substance Abuse Services,
b. one member who shall be an attorney licensed to
practice in this state and shall be appointed from a
list of not less than three names submitted to th e
Governor by the Board of Governors of the Oklahoma Bar
Association,
c. one member who shall be a retired judge licensed to
practice in this state and shall be appointed from a
list of not less than three names submitted to the
Governor by the Judicial No minating Committee, and
d. b. one three at-large member members.
The attorney and retired judge members of the Board shall be
prohibited from representing in the courts of this state persons
charged with felony offenses while serving on the Board.
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2. The Board shall meet as necessary to deter mine which
individuals confined with the Department of Mental Health and
Substance Abuse Servic es are eligible for therapeutic visits,
conditional release or discharge and whether the Board wishes to
make such a recommendation to the court of the county wh ere the
individual was found not guilty by reason of insanity or not guilty
by reason of mental illness for those persons adjudicated as such
upon or after November 1, 2016.
a. Forensic Review Board meetings shall not be considered
subject to the Oklahoma Open Meeting Act and are not
open to the public. Other than the Forensic Review
Board members, only the following individuals shall be
permitted to attend Board meetings:
(1) the individual the Board is considering fo r
therapeutic visits, conditional rele ase or
discharge, his or her treatment advocate, and
members of his or her treatment team,
(2) the Commissioner of Mental Health and Substance
Abuse Services or designee,
(3) the Advocate General for the Department of Mental
Health and Substance Abuse Serv ices or designee,
(4) the General Counsel for the Department of Mental
Health and Substance Abu se Services or designee,
and
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(5) any other persons the Board and Commissioner of
Mental Health and Substance Abuse Services wish
to be present.
b. The Department of Mental Health and Substance Abuse
Services shall provide administrative staff to the
Board to take minutes of meetings and prepare
necessary documents and correspondence for the Board
to comply with its duties as s et forth in this
section. The Departm ent of Mental Health and
Substance Abuse Services shall also transport the
individuals being re viewed to and from the Board
meeting site.
c. The Board shall promulgate rules concerning the
granting and structure of the rapeutic visits,
conditional releases and discharge.
d. For purposes of this subsection, "therapeutic visit"
means a scheduled time p eriod off campus which
provides for progressive tests of the ability of the
consumer to maintain and demonstrate coping ski lls.
3. The Forensic Review Board sha ll submit any recommendation
for therapeutic visit, conditional release or discharge to the cou rt
and district attorney of the county where the person was found not
guilty by reason of mental illness, the trial counsel of the person,
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the Department of Ment al Health and Substance Abuse Services and the
person at least fourteen (14) days prior to the scheduled visit.
a. The district attorney may file an objection to a
recommendation for a therapeutic visit within ten (10)
days of receipt of the notice.
b. If an objection is filed, the therapeutic visit is
stayed until a hearing is held. The court shal l hold
a hearing not less than ten (10) days following an
objection to determine whether the therapeutic visit
is necessary for treatment, and if necessary, the
nature and extent of the visit.
4. During the period of hospitalization the Department of
Mental Health and Substance Abuse Services shall submit an annual
report on the status of the person to the court, the district
attorney and the patient advocate gen eral of the Department of
Mental Health and Substance Abuse Services.
G. Upon motion by the di strict attorney or upon a
recommendation for conditional release or discharge by the Forensic
Review Board, the court shall conduct a hearing to ascertain if the
person is dangerous and a person requiring treatment. This hearing
shall be conducted under t he same procedure as the first hearing and
must occur not less than ten (10) days following the motion or
request by the Forensic Review Board.
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1. If the court determines that the person continues to be
dangerous to the public peace and safety because the person is a
person requiring treatment, it shall order the return of the person
to the hospital for additional treatment.
2. If the court determines that the p erson is not dangerous but
subject to certain conditions, the court may conditionally release
the person subject to the following:
a. the Forensic Review Board has made a recommendation
for conditional release, includi ng a written plan for
outpatient treatment and a list of recommendations for
the court to place as conditions on the release,
b. in its order of conditional release, the court shall
specify conditions of release and shall direct the
appropriate agencies or persons to submit annual
reports regarding the compliance of the person with
the conditions of release and progress in treatment,
c. the person must agree, in writing, that during the
period the person is granted conditional release and
is subject to the provisions thereof, there shall be
free transmission of all pertinent information,
including clinical information regarding the perso n,
among the Department of Mental Health and Substance
Abuse Services, the appropriate community mental
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health centers and the appropriate district attorneys,
law enforcement and court personnel,
d. the order of the court placing the person on
conditional release shall include notice that the
conditional release of the person may be revoked upon
good cause. The person placed on conditional release
shall remain under the supervision of the Department
of Mental Health and Substance Abuse Services until
the committing court enters a final discharge order.
The Department of Mental Health and Substance Abuse
Services shall assess the person placed on conditional
release annually and shall have the authority to
recommend discharge of the person to the Board, and
e. any agency or individual involved in providing
treatment with regard to the conditional release plan
of the person may prepare and file an affidavit under
oath if the agency or individual believes that the
person has failed to comply with the condition s of
release or that such person has progressed to the
point that inpatient care is appropriate.
(1) Any peace officer who receives such an affidavit
shall take the person into protective custody and
return the person to the forensic unit of the
state hospital.
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(2) A hearing shall be conducted within three (3)
days, excluding holidays and weekends, after the
person is returned to the forensic unit of the
state hospital to determine if the person has
violated the conditions of release, or if full -
time hospitalization is the least restrictive
alternative consistent with the needs of the
person and the need for public safety. Not ice of
the hearing shall be issued, at least twenty-four
(24) hours before the hearing, to the hospital
superintendent, the person, t rial counsel for the
person, and the patient advocate general of the
Department of Mental Health and Substance Abuse
Services. If the person requires hospitaliz ation
because of a violation of the conditions of
release or because of progression to the poin t
that inpatient care is appropriate, the court may
then modify the conditions of release.
3. If the court determines that the person is not dangerous to
the public peace or safety because the person is not a person
requiring treatment, it shall order tha t the person be discharged
from the custody of the Department of Mental Health and Substance
Abuse Services.
H. As used in this section:
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1. "Antisocial personality disorder" means antisocial
personality disorder as defined by the Diagnostic and Statistic al
Manual of Mental Disorders, 5th Edition (DSM -5), or subsequent
editions;
2. "Court" or "sentencing court" means the court sitting in the
county where the per son has been found to be not guilty by reason of
mental illness or guilty with mental defect;
3. "Dangerous" means a person who because of mental illness
poses a substantial risk of physical harm in the near future to
another person or persons. Dangerous ness shall be determined by
such factors as whether the person has placed another person or
persons in a reasonable fear of violent behavior, and medication and
treatment compliance;
4. "Guilty with mental defect " means the person committed the
act and was either unable to understand the nature and consequences
of his or her actions or was unable t o differentiate right from
wrong, and has been diagnosed with antisocial personality disorder
which substantially contribut ed to the act for which the person has
been charged;
5. "Mental defect" means the person has been diagnosed with
antisocial personality disorder which substantially contributed to
the act for which the person has been charged;
6. "Mental illness" means a substantial disorder of thought,
mood, perception, psychological orientation or memory that
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significantly impairs judgment, behavior , capacity to recognize
reality or ability to meet the ordinary demands of life;
7. "Not guilty by reason of mental illnes s" means the person
committed the act while mentally ill and was either unable to
understand the nature and consequences of his or he r actions or was
unable to differentiate right from wrong, and has not been diagnosed
with antisocial personality disorder which substantially contributed
to the act for which the person has been charged; and
8. a. "Person requiring treatment " means a person who
because of mental illness:
(1) poses a substantial risk of physical harm to self
as manifested by evidence or seriou s threats of
or attempts at suicide or other significant self -
inflicted bodily harm,
(2) poses a substantial risk of physical harm to
another person or persons as manifested by
evidence of violent behavior directed toward
another person or persons,
(3) has placed another person or persons in
reasonable fear of serious physical harm or
violent behavior directed toward such person or
persons as manifested by serious and immediate
threats,
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(4) is in a condition of severe deterioration such
that, without immedi ate intervention, there
exists a substantial risk that severe impairment
or injury will result to the person, or
(5) poses a substantial risk of serious physical
injury to self or death as manifested by evidence
that the person is unable to provide for and is
not providing for his or her basic physical
needs.
b. The mental health or substance abuse history of the
person may be used as p art of the evidence to
determine whether the person is a person requiring
treatment. The mental health or substance abuse
history of the person shall not be the sole basis for
this determination.
c. Unless a person also meets the criteria established in
subparagraph a of this paragraph, "person requiring
treatment" shall not mean:
(1) a person whose mental processes have been
weakened or impaired by reason of adv anced years,
dementia or Alzheimer 's disease,
(2) a person with intellectual or developmental
disability as defined in Title 10 of the Oklahoma
Statutes,
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(3) a person with seizure disorder, or
(4) a person with a traum atic brain injury.
I. Proceedings hereunder may be held in conformance with the
provisions of Section 3006 of Title 20 of the Oklaho ma Statutes for
allowable use of videoconferencing.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 1 175.1, is
amended to read as follows:
Section 1175.1 As used in Sections 1175.1 through 1176 of this
title:
1. "Competent" or "competency" means the present ability of a
person arrested for or charged with a crime to understand the nature
of the charges and proceedings brought aga inst him or her and to
effectively and rationally assist in his or her defense;
2. "Incompetent" or "incompetency" means the present inability
of a person arrested for or charged with a crime to understand the
nature of the charges and proceedings brought against him or her and
to effectively and rationally assist in his or her defense;
3. "Dangerous" means a person who is a person requiring
treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
Statutes;
4. "Criminal proceeding" means every stage of a criminal
prosecution after arrest and before judgment, including, but not
limited to, interrogation, lineup, preliminary hearing, motion
dockets, discovery, pretrial hearings and trial;
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5. "Qualified forensic examiner " means any:
a. psychiatrist with forensic training and experience,
b. psychologist with forensic training and experi ence, or
c. a licensed mental health professional whose forensic
training and experience enable him or her to form
expert opinions regardin g mental illness, competenc y
and dangerousness and who has been approved to render
such opinions by the court;
6. "Reasonable period of time " means a period that starts on
the first day of treatment and not to exceed the lesser of:
a. the maximum sentence specified for the most serious
offense with which the defendant is charg ed, or for a
misdemeanor offense, no longer than a six (6) month
period;
b. a maximum period of two (2) years; and for a felony
offense, no longer than a period of one (1) year ; or
c. maximum period of the length of sentence ;
7. "Public guardian" means the Office of Public Guardian as
established under the Oklahoma Public Guardianship Act in Section 6 -
101 et seq. of Title 30 of the Oklahoma Statutes.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 1175.3, is
amended to read as follows:
Section 1175.3 A. Upon filing of an application for
determination of competency, the court shall set a hearing date,
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which shall be as soon as practicable, but at leas t one (1) day
after service of not ice as provided by Section 1175.2 of this title.
B. The court shall hold a hearing on the date provided. At the
hearing, the court shall examine the application for determination
of competency to determine if it alleges facts sufficient to raise a
doubt as to the competency of the person. Any additional evidence
tending to create a doubt as to the competency of the person may be
presented at this hearing.
C. If the court finds there is no doubt as to the competency of
the person, it shall order the crim inal proceedings to immediately
resume.
D. 1. a. If the court finds there is a doubt as to the
competency of the person, it shall order the person to
be examined by the Department of Mental Health and
Substance Abuse Services or by a qualified forensic
examiner designated by the Department to perform
competency examinations.
b. In addition, the Developmental Disabilities Services
Division of the Department of Human Services shall
receive written notice from the district attorney who
filed the criminal petit ion, and be authorized by
order of the court to have a psychologist or other
appropriate clinician participate with professionals
assigned by any other public or private agency in any
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competency evaluation wherein developmental or
intellectual disability m ay be involved. The
psychologist or clinician employed, by contract or
otherwise, by the Department of Human Services may
issue a separate opinion and recommendation to the
court.
2. The person shall be examined by a qualified foren sic
examiner on an outpatient basis prior to referral for any necessary
inpatient evaluation, as ordered by the court. The outpatient
examination may be conducted in the community, the jail or detention
facility where the person is held.
3. If the court determines that the pe rson whose competency is
in question may be dangerous as defined in Section 1175.1 of this
title, it shall order the person retained in a secure facility until
the completion of the competency hearing provided in Section 1175.4
of this title. If the court determines the person may be dangerous
as defined in Section 1175.1 of this title because the individual is
a person requiring treatment as defined in Section 1 -103 of Title
43A of the Oklahoma Statutes, it may commit the person to t he
custody of the Department of Mental Health and Substance Abuse
Services or any other state agency or private facility for the
examination required by this subsection. The person shall be
required to undergo examination for a period of time sufficient f or
the qualified forensic examiner(s) to reach a conclusion as to
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competency, and the court shall impose a reasonable time limitation
for such period of examination.
E. The qualified forensic examiner(s) shall receive
instructions that they shall examine the patient to determi ne:
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 appr eciate 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 trea tment, 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 Ti tle 10 of
the Oklahoma Statutes;
6. If the answers to questions 4 and 5 are no, why the
defendant is incompetent; and
7. If the person were released, whether such person would
presently be dangerous as defined in Section 1175.1 of t his title.
F. Upon completion of the competency evaluation, the Department
of Mental Health and Substance Abuse Services or qualified forensic
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examiner designated by the Department to perform competency
examinations shall notify the court of its findings. If the person
is in the custody of the Department of Mental Health and Substance
Abuse Services, the person shall be returned to the court in the
customary manner within five (5) business days. If the person is
not returned within that time, the county in which the proceedings
are to be held shall pay the costs of maintaining the person at the
institution or facility for the period of time the person remains at
the institution or facility in excess of the five -day period.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 1175.6, is
amended to read as follows:
Section 1175.6 Upon the finding by the jury or the court as
provided by Section 1175.5 of this title, the court shall issue the
appropriate order regarding the person as follows:
1. If the person is found to b e competent, the criminal
proceedings shall be immediately resumed;
2. If the person is found to be incompetent because the person
is a person requiring treatment as defined in Title 43A of the
Oklahoma Statutes, the court shall issue the appropriate order as
set forth in Section 1175.6a of thi s title;
3. If the person is found to be incompetent because the person
is intellectually disabled as defined in Section 1408 of Title 10 of
the Oklahoma Statutes, the court shall iss ue the appropriate order
as set forth in Section 1175.6b of this title; and
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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
Section 1-103 of Title 43A of the Oklahoma Statutes, or for reasons
other than the person is intell ectually disabled as defined in
Section 1408 of Title 10 of the Oklahoma Statutes, the court shall
issue the appropriate order as set forth in Section 1175.6c of this
title.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 1175.6b, is
amended to read as follows:
Section 1175.6b A. If the person is found to be incompetent
primarily because the person is intellectually disabled as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, a nd is also
found by the court to be dangerous as defined by Section 1175.1 of
this title, the court shall suspend the criminal proceedings, and
shall place the person into the custody of the Office of Public
Guardian. The Office of Public Guardian shall a ct with all powers
set forth in the Oklahoma Public Guardianship Act, and:
1. The Office of Public Guardian shall place any person placed
in its custody under this title in a facility or residential
setting, private or public, willing to accept the indivi dual and
that has a level of supervision and security that is appropriate to
the needs of the person;
2. Such placements shall be within the sole discretion of the
Office of Public Guardian;
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3. All such placement s made by the Office of Public Guardian
shall be made within six (6) months of the date of the order
awarding custody to the Office of Public Guardian;
4. The Office of Public Guardian shall report to the court at
least every six (6) months as to the stat us of the person including,
but not limited to, the type of placement, services provided, level
of supervision, the medical and psychological health of the person,
whether the person would be dangerous if conditionally released into
a nonsecure environment , the assistance and services that would b e
required for such conditional release and whether the person has
achieved competency;
5. If the person is determined by the Office of Public Guardian
to have regained competency or that conditional release to a private
guardian or other caretaker is app ropriate, a hearing shall be
scheduled within twenty (20) days. If found competent by the court
or a jury after such rehearing, criminal proceedings shall be
resumed. If the court finds conditional release to be appropriate,
the court shall make an appro priate order for conditional release;
and
6. The provisions of subsections C, H and I of Section 6 -101 of
Title 30 of the Oklahoma Statutes shall not apply to custody orders
arising under this title.
B. If the person is found to be incompetent for reason s other
than the person is a person requiring treatment as defined by
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Section 1-103 of Title 43A of the Oklahoma Statutes and is found to
be not dangerous as defined by Section 1175.1 of this title, the
court shall suspend the criminal proceedings and eith er refer the
person to the Department of Human Services for consideration of
voluntary assistance or conditionally release the person as set
forth in this section.
1. For any person recommended for conditional rel ease, a
written plan for services shall be prepared by the Department of
Human Services and filed with the court. In its order of
conditional release, the court shall specify the conditions of
release and shall direct the appropriate agencies or persons t o
submit annual reports regarding the pers on's compliance with the
conditions of release and progress:
a. to be eligible for conditional release, the person
shall agree, in writing, that during the period the
person is granted conditional release and is su bject
to the provisions thereof, there sha ll be free
transmission of all pertinent information, including
clinical information regarding the person, among the
person's treatment providers, the appropriate district
attorneys, law enforcement and court perso nnel. To
effect this agreement, the perso n shall execute any
releases required by law to allow for the
dissemination of this information,
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b. the court's order placing the person on conditional
release shall include notice that the person 's
conditional release may be revoked upon good cause,
c. the district attorney, as well as any agency or
individual involved in providing services with regard
to the person's conditional release, may prepare and
file an affidavit under oath if the district attorney,
agency, or individual believes that the person h as
failed to comply with the conditions of release. The
court shall then conduct a hearing to determine if the
person has violated the conditions of release. Notice
of the hearing shall be issued, at least twenty -four
(24) hours before the hearing, to th e Department of
Human Services, the person, trial counsel for the
person, and the client advocate general of the
Department of Human Services. After reviewing the
evidence concerning any alleged violation of the
conditions of the release, the person 's progress,
treatment alternatives, and the need for public
safety, the court may order no change to the
conditions for the person 's release or modify the
conditions of release, and
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d. the person placed on conditional r elease shall remain
in a conditional relea se status until the reviewing
court issues a full release from all conditions.
2. If the person is determined by the Department of Human
Services to have regained competency, a hearing shall be scheduled
within twenty (20) days:
a. if found competent by t he court or a jury after such
rehearing, criminal proceedings shall be immediately
resumed,
b. if the person is found to continue to be incompetent,
the person shall be returned to either conditional
release or referred to the Department of Human
Services for consideration of voluntary assistance.
SECTION 6. AMENDATORY 22 O.S. 2021, Section 1175.8, is
amended to read as follows:
Section 1175.8 If the medical supervisor reports that the
person appears to have achieved competency af ter 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 immediately
resumed.
SECTION 7. This act shall become effective November 1, 2023.
59-1-6033 TJ 12/30/22