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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 552 By: Haste of the Senate
and
Worthen of the House
COMMITTEE SUBSTITUTE
An Act relating to determination of competence;
amending 22 O.S. 2021, Sections 1175.1, 1175.6a, and
1175.8, which relate to procedures for determinations
of competency; modifying and adding definitions;
requiring notification of court order of commit ment;
requiring certain report within specified time
period; establishing requirements fo r the provision
of certain treatment, therapy, or training; requiring
return of certain persons to jail; requiring
submission of certain reports to the court; requiring
certain hearings; requiring transport o f defendant to
certain jurisdiction; clarifying requirements for
administration of certain medications; requiring
criminal proceedings to be resumed within certain
time period upon determination of competency;
updating statutory language; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.1, is
amended to read as follows:
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Section 1175.1 As used in Sections 1175.1 thr ough 1176 of this
title:
1. “Competent” or “competency” means the present ability of a
person arrested for or char ged with a crime to understand the nature
of the charges and proce edings brought against him or her and to
effectively and rationally assist in his or her defense;
2. “Criminal proceeding” means every stage of a criminal
prosecution after arrest and befor e judgment, including, but not
limited to, interrogation, lineup, preliminary hearing, motion
dockets, discovery, competency hearing, pretrial hearings and trial;
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. “Incompetent” or “incompetency” means the present inability
of a person arrested for or charged with a cri me 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 p erson 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, preli minary hearing, motion
dockets, discovery, pretrial hearings and trial;
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5. “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;
6. “Qualified forensic examiner” means any:
a. psychiatrist with forensic training and experience,
b. psychologist with forensic training and experience, or
c. a licensed mental health professional whose forensic
training and experience enable him or her to fo rm
expert opinions regarding mental illness, competenc y
and dangerousness and who has been approved to render
such opinions by the court; and
6. 7. “Reasonable period of time” means a period during which a
person is receiving tr eatment for the purpose of resto ring
competency as required by law not to exceed the lesser of:
a. the maximum sentence specified for the most serious
offense with which the defendant is charged, or
b. a maximum period of two (2) years ; and
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, or
b. the maximum length of the sentence if such sentence is
less than two (2) years.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
amended to read as follows:
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Section 1175.6a A. 1. If the a person is found to be
incompetent prior to conviction because he or she i s a person
requiring treatment as defined in Section 1 -103 of Title 43A of the
Oklahoma Statutes, but capable of achieving competence with
treatment within a reasonable period of time as defined by Section
1175.1 of this title, the court shall suspend the criminal
proceedings and order the Department of Mental Health and Substance
Abuse Services to provide treatm ent, therapy or training which is
calculated to allow the person to achieve competency. The
Department may designate a willing entity to provide such competency
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 as soon as a forensic
bed becomes available, unless both the Depar tment 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 county jail. Such
competency restoration services shall begin within a reasonable
period of time after the court has determi ned that the person is not
competent to stand trial .
The person shall remain in the custody of the county jai l until
such time as the Department has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the per son
shall be transferred to the Department.
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B. The Department of Mental Health and Substance Abuse Services
or designee shall make periodic reports to the court as to the
competency of the defendant The court shall notify the Department
within seventy-two (72) hours of filing an order of commitment by
providing a copy of the order to the Department.
2. Within thirty (30) days after the notification of the order
of commitment, the Department shall provide a report to the court on
any recommended treatment for the defendan t to attain competency to
proceed. Such report shall include:
a. the mental illness causing the incompetence,
b. the availability of acceptable treatment and if such
treatment is available in the community,
c. the likelihood of the defendant ’s attaining competence
within a reasonable period of ti me as defined by
Section 1175.1 of this title, and
d. whether the person is a person requiring treatment as
defined by Section 1-103 of Title 43A of the Oklahoma
Statutes.
3. The treatment, therapy, or training fo r competency shall be
provided in the jail or detention facility where the person is being
held, unless the Department recommends and the court determines that
the person can be safely trea ted in an outpatient community-based
setting or the Department dete rmines that the person should be
transported to a facility designated by the Department to provide
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such treatment, therapy, or training. The Department may des ignate
or contract with a wil ling entity to provide the competency
restoration services in the j ail or detention facility on behalf of
the Department. Competency restoration services shall begin within
a reasonable period of time after the court has determined that the
person is not competent to stand trial. The Department shall notify
the court, district attorney, and defense counsel that treatment has
begun and where such treatment is being provided within fourteen
(14) days from the date treatment begins.
4. If at any time while the person is being treated in an
inpatient facility operated by the Department, the court determines
that he or she is no longer a perso n requiring treatment a s defined
in Section 1-103 of Title 43A of the Oklahoma Statutes, the court
may order the immedi ate return of the person to jail and the
Department shall file a report with the court. In the report, the
Department can either recommend a less restrictive treatment
alternative including but not limited to an outpatient community-
based setting or treatment in a community residential facility or
jail or detention-based setting, or take the actions set forth in
subsection B of this section. Within thirty (30) days of the return
of the person to jail , the court shall hold a hearing to determine
whether competency restoration services should be continued in the
outpatient setting or in the jail or detention-based setting.
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B. If at any time the Department determines that the defendant
is unlikely to attain comp etency within a reasonable period of time
as defined by Section 1175.1 of this title, the Department shall
issue a report to the court. Within thirty (30) days o f receipt of
the report, the court shall hold a hearing to determine whether
competency restoration treatment should continue.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longe r incompetent because the person is a
person requiring treatment as defi ned by Title 43A of the Oklahoma
Statutes, a competency hearing shall be scheduled within twenty (20)
days:
1. After the court receives notification that the defendant is
competent to proceed or no longer meets the criteria for continued
commitment, the defendant shall be transported to the jurisdiction
of the court that entered the order for commit ment for the
competency hearing. If the defendant is receiving psychotropic
medication at a mental health facility at the time he or she is
discharged and transferred to the jail, the administration of the
medication shall continue unless the jail physici an documents the
need to change or discontinue it. The physicians of the jail and
the Department shall collaborate to ensure that any change in
medication does not adversely affect the defendant ’s mental health
status or his or her ability to continue with court pr oceedings;
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provided, however, the jail physician has final authority regarding
the administration of medication to an inmate in jail;
2. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
2. 3. If the person is found to continue to be incompetent
because the person is a person re quiring treatment as defined in
Title 43A of the Oklahoma Statutes, the person shall be returned to
the custody of the Department of Mental Health and Substance Abuse
Services or designee for continued treatment, therapy, or training
for competency as provided in paragraph 3 of subsection A of this
section;
3. 4. If the person is found to b e 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 forth in Section 1175.6b of this title;
4. 5. If the person is found to be incompetent for reas ons
other than the person is a p erson 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 the Oklahoma
Statutes, and is also found to be not dangerous as defin ed by
Section 1175.1 of this tit le, the court shall issue the appropriate
order as set forth in Section 1175.6b of this title; or
5. 6. If the person is found to be incompetent for reasons
other than the person is a person requiring treatment as defined b y
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Title 43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, but is also fou nd to be dangerous 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 incom petent because the person
is a person requiring treatment as def ined by Section 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 titl e, the court shall commence
civil commitment proceedings pursuan t to Title 43A and shall dismiss
without prejudice the criminal 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 dismissed by the
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 3. 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 after a finding of
incompetency, the court shall hold another competency hearing to
determine if the person has achieved competency. If competency has
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been achieved, the crimi nal proceedings shall be immediately resumed
by setting a competency hearing within twenty (20) business days.
SECTION 4. It being immediately necessary for the prese rvation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act sha ll take effect and
be in full force from and after its pas sage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
04/13/2023 - DO PASS, As Amended.