Oklahoma House Bill HB2387

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

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

Summary

House Bill 2387 amends several sections of Oklahoma's criminal procedure regarding the determination of competency in criminal proceedings. The bill specifically addresses cases where individuals may have developmental or intellectual disabilities, providing a clearer framework for how courts should assess competency. It establishes that individuals who are found incompetent primarily due to intellectual disabilities and are deemed dangerous may be placed in the custody of the Office of Public Guardian. One significant amendment under HB2387 is the authority granted to the Office of Public Guardian to participate in competency proceedings. This inclusion allows for a broader scope of oversight and advocacy for individuals with intellectual disabilities. The bill outlines that the Office will have standing to engage in proceedings and mandates that their involvement must occur during any stage of competency evaluation or related hearings. The legislation also emphasizes the importance of evaluating an individual's competency prior to proceeding with criminal charges. Courts are required to hold a hearing within thirty days to determine competency based on evaluations provided by qualified forensic examiners. Several safeguards are included to ensure that all relevant factors are considered, particularly in cases where a determination of dangerousness is involved. If a person is found incompetent, the criminal proceedings are suspended, and appropriate measures are taken for treatment or custodial care. Overall, HB2387 aims to balance the rights of defendants who may be mentally vulnerable while ensuring public safety and clarity in legal proceedings. Some points of contention surrounding the bill include concerns regarding the adequacy of resources for the Office of Public Guardian and how these resources may impact the efficiency and quality of care provided to individuals with needs stemming from their intellectual disabilities.