An Act
ENROLLED SENATE
BILL NO. 552 By: Haste of the Senate
and
Worthen and Munson of the
House
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 commitment;
requiring certain report within specified time
period; establishing requirements for 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 of 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; authorizing Legislative
Office of Fiscal Trans parency to conduct review;
requiring report; providing for effect of conclusions
on enacted provisions; providing for codification;
and declaring an emergency.
SUBJECT: Determinations of competence
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.1, is
amended to read as follows:
Section 1175.1. As used in Sections 1175.1 through 1176 of this
title:
ENR. S. B. NO. 552 Page 2
1. “Competent” or “competency” means the present abili ty 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;
2. “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, 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 “incomp etency” means the present in ability
of a person arrested for or charged with a crime to understand th e
nature of the charges and proceedings brought aga inst him or her and
to effectively and rationally assist in his or her defense;
3. “Dangerous” means a person who is a person requ iring
treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
Statutes;
4. “Criminal proceeding” means every stag e of a criminal
prosecution after arrest and before judgment, including, but not
limited to, interroga tion, lineup, preliminary he aring, motion
dockets, discovery, pretrial hearings and trial;
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 Okla homa Statutes;
6. “Qualified forensic examiner” means any:
a. psychiatrist with forensic training and e xperience,
b. psychologist with forensic training a nd experience, or
c. a licensed mental health professional whose forensic
training and experience enable him or her to form
expert opinions regarding mental illness, competency
ENR. S. B. NO. 552 Page 3
and dangerousness and who ha s been approved to render
such opinions by the cour t; and
6. 7. “Reasonable period of time” means a period during which a
person is receiving trea tment for the purpose of res toring
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 Ac t 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 foll ows:
Section 1175.6a. A. 1. If the a person is found to be
incompetent prior to conviction because he or she is a person
requiring treatment as define d 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 Depar tment of Mental Health and S ubstance
Abuse Services to provide treatment, 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 b ehalf of the Department, pro vided the
entity has qualified personnel. The court shall further order the
Department to take custody of the individual as soon as a fore nsic
bed becomes available, unless both the Department and the county
jail where the person is being held determine t hat it is in the best
interests of the person to remain in the county jail. Such
competency restoration services shall begin within a reas onable
period of time after the court has determined that the person is not
competent to stand trial.
ENR. S. B. NO. 552 Page 4
The person shall remain in the custody of the county jail 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 custod y of the person
shall be transferred to the Department.
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 Departme nt.
2. Within thirty (30) days after the notification of the o rder
of commitment, the Department shall provide a report to the court on
any recommended treatment for the defend ant to attain competency to
proceed. Such report shall include:
a. the mental illness causing the incompetence,
b. the availability of accept able treatment and if such
treatment is available in the community,
c. the likelihood of the defendant’s attaining competence
within a reasonable period of time as defined by
Section 1175.1 of this title, and
d. whether the person is a person requiring tre atment as
defined by Section 1 -103 of Title 43A of the Oklahoma
Statutes.
3. The treatment, therapy, or training for competency shall be
provided in the jail or detention facility where the person is being
held, unless the Department recommends and the co urt determines that
the person can be safely treated in an outpatient community -based
setting or the Department determines that the person should be
transported to a facility designated by the Department to provide
such treatment, therapy, or training. Th e Department may designate
or contract with a willing entity to provide the compe tency
restoration services in the jail 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 D epartment shall notify
ENR. S. B. NO. 552 Page 5
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. The Department shall
assume liability to the fullest ext ent permitted by law for any
services provided by the Department, or a contracted or designated
entity on behalf of the Department, for individuals receiving
competency treatment, therapy or training while being held in a jail,
public trust or detention fa cility. A legally recognized business
entity under contract with city, county, or state entities that
provides medical care to inmates or detainees in the custody or
control of law enforcement agencies, including, but not limited to,
competency restoratio n services, and any employee of the contracted
legally recognized business entity, shall be an employee of the
state pursuant to Section 152 of the Governmental Tort Claims Act.
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 person requiring treatment as defined
in Section 1-103 of Title 43A of the Oklahoma Statut es, the court
may order the immediate 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 outpatien t 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.
B. If at any time the Department determines that the defendant
is unlikely to attain competency within a reasonable period of time
as defined by Section 1175.1 of this title, the Departmen t shall
issue a report to th e court. Within thirty (30) days of receipt of
the report, the court shall hold a hearing to determine whether
competency restoration treatme nt should continue.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Servic es or designee to have regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Title 43A of the Oklahoma
ENR. S. B. NO. 552 Page 6
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 shal l be transported to the jurisdiction
of the court that entered the order for commitm ent 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 th e jail, the administration of the
medication shall continue unless the jail physicia n 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 adversel y affect the defendant’s mental health
status or his or her ability to continue with court proceedings;
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 requiring 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 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 forth in Section 1175.6b of this title;
4. 5. If the person is found to be incompetent for re asons
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 the Oklahoma
Statutes, and is also found to be not dangerous as def ined 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
ENR. S. B. NO. 552 Page 7
5. 6. If the person is found to be incompetent 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 the Oklahoma
Statutes, but is also found to be dangerous as defined by Section
1175.1 of this title, the court shall issue the appropriat e order as
set forth in Section 1175.6c of this title.
D. If the person is fo und to be incompetent becaus e the person
is a person requiring treatment as defined 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 title, the court shall commence
civil commitment proceedings pursuant 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 Servi ces pursuant to Title 43A, t he statute of
limitations for the criminal charges which were dismissed by the
court shall be tolled until the person is discharge d from the
Department of Mental Health and Substance Abuse Services pursuant to
Section 7-101 of Title 43A of the Oklahoma Sta tutes.
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
been achieved, the criminal proceedi ngs shall be immediately resumed
by setting a competency hearing within twe nty (20) business days .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1175.9 of Title 22, un less there
is created a duplication in numbering, reads as follows:
The Legislative Office of Fiscal Transparency may con duct an in-
depth review every year for the next five (5) years on the
successes, and any opportunities for improvement including but no t
limited to the cost savings for the jails, the expedited restoration
of competency, the use of jail-based and outpatient competency
restoration, and the effects on capacity of forensic bed treatment
ENR. S. B. NO. 552 Page 8
services. A copy of the report will be sent to the Spe aker of the
Oklahoma House of Representatives and President Pro Tempore of the
Oklahoma State Senate for review and to pr ovide recommendations. If
within the five-year review no significant progress has been made ,
including delays in treatment and over capacity of jails due to
volume of competency cases, the amendments made through this
legislation to Title 22 of the Oklahom a Statutes may be revisited by
the recommended stakeholder task force to include the Oklahoma
Sheriffs' Association, the District Atto rney’s Council, the Oklahoma
Department of Mental Health and Substance Abuse Services and the
Administrative Director of t he Courts.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an e mergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after it s passage and approval.
ENR. S. B. NO. 552 Page 9
Passed the Senate the 23rd day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this ___ ______
day of ______________ _____, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __