OK
Oklahoma Senate Bill SB552

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB552 Compare Versions

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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 552 By: Haste of the Senate
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34+ Worthen of the House
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5-An Act
6-ENROLLED SENATE
7-BILL NO. 552 By: Haste of the Senate
839
9- and
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11- Worthen and Munson of the
12-House
40+An Act relating to determination of competence ;
41+amending 22 O.S. 2021, Sections 1175.1, 1175.6,
42+1175.6a, and 1175.8, which relate to procedures for
43+determinations of competency; modifying definition s;
44+modifying requirement s for certain court order;
45+requiring notification of court order of commit ment;
46+requiring certain report within specified tim e
47+period; establishing requirements fo r the provision
48+of certain treatment, therapy, or training; requiring
49+dismissal of criminal charges under certain
50+circumstances; tolling statute of limitation s for
51+criminal charges under certai n circumstances;
52+requiring return of certain p ersons to jail;
53+requiring submission of certain reports to the court;
54+requiring certain hearings; requiring transport of
55+defendant to certain jurisdiction; clarifying
56+requirements for administration of certain
57+medications; requiring criminal proceedings to be
58+resumed within certain time period upon d etermination
59+of competency; updating statutory language; and
60+declaring an emergency.
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16-An Act relating to determination of competence;
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66+AUTHOR: Add the following House Coauthor: Munson
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68+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
69+and insert:
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72+"An Act relating to determination of competence;
1773 amending 22 O.S. 2021, Sections 1175.1, 1175.6a, and
1874 1175.8, which relate to procedures for determinations
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19101 of competency; modifying and adding definitions;
20102 requiring notification of court order of commitment;
21103 requiring certain report within specified time
22104 period; establishing requirements for the provision
23105 of certain treatment, therapy, or training; requiring
24106 return of certain persons to jail; requiring
25107 submission of certain reports to the court; requiring
26108 certain hearings; requiring transport of defendant to
27109 certain jurisdiction; clarifying requirements for
28110 administration of certain medications; requiring
29111 criminal proceedings to be resumed within certain
30112 time period upon determination of competency;
31113 updating statutory language; authorizing Legislative
32114 Office of Fiscal Trans parency to conduct review;
33115 requiring report; providing for effect of conclusions
34116 on enacted provisions; providing for codification;
35117 and declaring an emergency.
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39-SUBJECT: Determinations of competence
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41123 BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
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43124 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.1, is
44125 amended to read as follows:
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46-Section 1175.1. As used in Sections 1175.1 through 1176 of this
126+Section 1175.1 As used in Sections 1175.1 through 1176 of this
47127 title:
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51128 1. “Competent” or “competency” means the present abili ty of a
52129 person arrested for or charged with a crime to understand the nature
53130 of the charges and proceedings brought against him or her and to
54131 effectively and rationally assist in his or her defense;
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56132 2. “Criminal proceeding” means every stage of a criminal
57133 prosecution after arrest and before judgment, including, but not
58134 limited to, interrogation, lineup, preliminary hearing, motion
59135 dockets, discovery, competency hearing, pretrial hearings and trial;
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61162 3. “Dangerous” means a person who is a person requiring
62163 treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
63164 Statutes;
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65165 4. “Incompetent” or “incompetency” means the present inability
66166 of a person arrested for or charged with a crime to understand th e
67167 nature of the charges and proceedings brought aga inst him or her and
68168 to effectively and rationally assist in his or her defense;
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70169 3. “Dangerous” means a person who is a person requiring
71170 treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
72171 Statutes;
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74172 4. “Criminal proceeding” means every stag e of a criminal
75173 prosecution after arrest and before judgment, including, but not
76174 limited to, interrogation, lineup, preliminary hearing, motion
77175 dockets, discovery, pretrial hearings and trial;
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79176 5. “Public guardian” means the Office of Public Guardian as
80177 established under the Oklahoma Public Guardianship Act in Section 6 -
81178 101 et seq. of Title 30 of the Oklahoma Statutes;
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83179 6. “Qualified forensic examiner” means any:
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85180 a. psychiatrist with forensic training and e xperience,
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87181 b. psychologist with forensic training a nd experience, or
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89182 c. a licensed mental health professional whose forensic
90183 training and experience enable him or her to form
91184 expert opinions regarding mental illness, competency
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94211 and dangerousness and who ha s been approved to render
95212 such opinions by the cour t; and
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97213 6. 7. “Reasonable period of time” means a period during which a
98214 person is receiving treatment for the purpose of restoring
99215 competency as required by law not to exceed the lesser of:
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101216 a. the maximum sentence specified for the most serious
102217 offense with which the defendant is charged, or
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104218 b. a maximum period of two (2) years ; and
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106219 7. “Public guardian” means the Office of Public Guardian as
107220 established under the Oklahoma Public Guardianship Ac t in Section 6-
108221 101 et seq. of Title 30 of the Oklahoma Statutes , or
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110222 b. the maximum length of the sentence if such sentence is
111223 less than two (2) years .
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113224 SECTION 2. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
114225 amended to read as foll ows:
226+Section 1175.6a A. 1. If the a person is found to be
227+incompetent prior to conviction because he or she is a person
228+requiring treatment as defined in Section 1 -103 of Title 43A of the
229+Oklahoma Statutes, but capable of achieving competence with
230+treatment within a reasonable period of time as defined by Section
231+1175.1 of this title, the court shall suspend the criminal
232+proceedings and order the Department of Mental Health and Substance
233+Abuse Services to provide treatment, therapy or training which is
234+calculated to allow the person to achieve competency. The
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261+Department may designate a willing entity to provide such competency
262+restoration services on behalf of the Department, provided the
263+entity has qualified personnel. The court shall further order the
264+Department to take custody of the individual as soon as a fore nsic
265+bed becomes available, unless both the Department and the county
266+jail where the person is being held determine that it is in the best
267+interests of the person to remain in the county jail. Such
268+competency restoration services shall begin within a reas onable
269+period of time after the court has determined that the person is not
270+competent to stand trial.
271+The person shall remain in the custody of the county jail until
272+such time as the Department has a bed available at the forensic
273+facility unless competency restoration services are provided by a
274+designee of the Department, in which case custody of the person
275+shall be transferred to the Department.
276+B. The Department of Mental Health and Substance Abuse Services
277+or designee shall make periodic reports to the court as to the
278+competency of the defendant The court shall notify the Department
279+within seventy-two (72) hours of filing an order of commitment by
280+providing a copy of the order to the Departme nt.
281+2. Within thirty (30) days after the notification of the o rder
282+of commitment, the Department shall provide a report to the court on
283+any recommended treatment for the defendant to attain competency to
284+proceed. Such report shall include:
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311+a. the mental illness causing the incompetence,
312+b. the availability of accept able treatment and if such
313+treatment is available in the community,
314+c. the likelihood of the defendant’s attaining competence
315+within a reasonable period of time as defined by
316+Section 1175.1 of this title, and
317+d. whether the person is a person requiring tre atment as
318+defined by Section 1 -103 of Title 43A of the Oklahoma
319+Statutes.
320+3. The treatment, therapy, or training for competency shall be
321+provided in the jail or detention facility where the person is being
322+held, unless the Department recommends and the co urt determines that
323+the person can be safely treated in an outpatient community -based
324+setting or the Department determines that the person should be
325+transported to a facility designated by the Department to provide
326+such treatment, therapy, or training. Th e Department may designate
327+or contract with a willing entity to provide the competency
328+restoration services in the jail or detention facility on behalf of
329+the Department. Competency restoration services shall begin within
330+a reasonable period of time after the court has determined that the
331+person is not competent to stand trial. The Department sh all notify
332+the court, district attorney, and defense counsel that treatment has
333+begun and where such treatment is being provided within fourteen
334+(14) days from the date treatment begins. The Department shall
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361+assume liability to the fullest extent permitte d by law for any
362+services provided by the Department, or a contracted or designated
363+entity on behalf of the Department, for individuals receiving
364+competency treatment, therapy or training while being held in a jail,
365+public trust or detention facility. A legally recognized business
366+entity under contract with city, county, or state entities that
367+provides medical care to inmates or detainees in the custody or
368+control of law enforcement agencies, including, but not limited to,
369+competency restoration services , and any employee of the contracted
370+legally recognized business entity, shall be an employee of the
371+state pursuant to Section 152 of the Governmental Tort Claims Act.
372+4. If at any time while the person is being treated in an
373+inpatient facility operat ed by the Department the court determines
374+that he or she is no longer a person requiring treatment as defined
375+in Section 1-103 of Title 43A of the Oklahoma Statut es, the court
376+may order the immediate return of the person to jail and the
377+Department shall file a report with the court. In the report, the
378+Department can either recommend a less restrictive treatment
379+alternative including but not limited to an outpatien t community-
380+based setting or treatment in a community residential facility or
381+jail or detention-based setting, or take the actions set forth in
382+subsection B of this section. Within thirty (30) days of the return
383+of the person to jail, the court shall hold a hearing to determine
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410+whether competency restoration services should be continued in the
411+outpatient setting or in the jail or detention -based setting.
412+B. If at any time the Department determines that the defendant
413+is unlikely to attain competency within a reasonable period of time
414+as defined by Section 1175.1 of this title, the Department shall
415+issue a report to the court. Within thirty (30) days of receipt of
416+the report, the court shall hold a hearing to determine whether
417+competency restoration treatme nt should continue.
418+C. If the person is determined by the Department of Mental
419+Health and Substance Abuse Services or designee to have regained
420+competency, or is no longer incompetent because the person is a
421+person requiring treatment as defined by Title 43A of the Oklahoma
422+Statutes, a competency hearing shall be scheduled within twenty (20)
423+days:
424+1. After the court receives notification that the defendant is
425+competent to proceed or no longer meets the criteria for continued
426+commitment, the defendant shal l be transported to the jurisdiction
427+of the court that entered the order for commitment for t he
428+competency hearing. If the defendant is receiving psychotropic
429+medication at a mental health facility at the time he or she is
430+discharged and transferred to th e jail, the administration of the
431+medication shall continue unless the jail physician documen ts the
432+need to change or discontinue it. The physicians of the jail and
433+the Department shall collaborate to ensure that any change in
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460+medication does not adversel y affect the defendant’s mental health
461+status or his or her ability to continue with court pr oceedings;
462+provided, however, the jail physician has final authority regarding
463+the administration of medication to an inmate in jail;
464+2. If found competent by the court or a jury after such
465+rehearing, criminal proceedings shall be resumed;
466+2. 3. If the person is found to continue to be incompetent
467+because the person is a person requiring treatment as defined in
468+Title 43A of the Oklahoma Statutes, the person shall be returned to
469+the custody of the Department of Mental Health and Substance Abuse
470+Services or designee for continued treatment, therapy, or training
471+for competency as provided in paragraph 3 of subsection A of this
472+section;
473+3. 4. If the person is found to be incompetent because the
474+person is intellectually disabled as defined by Title 10 of the
475+Oklahoma Statutes, the court shall issue the appropriate order as
476+set forth in Section 1175.6b of this title;
477+4. 5. If the person is found to be incompetent for re asons
478+other than the person is a person requiring treatment as defined by
479+Title 43A of the Oklahoma Statutes, and other than the person is
480+intellectually disabled as defined in Title 10 of the Oklahoma
481+Statutes, and is also found to be not dangerous as def ined by
482+Section 1175.1 of this title, the court shall issue the appropriate
483+order as set forth in Section 1175.6b of this title; or
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510+5. 6. If the person is found to be incompetent for reasons
511+other than the person is a person requiring treatment as defined by
512+Title 43A of the Oklahoma Statutes, and other than the person is
513+intellectually disabled as defined in Title 10 of the Oklahoma
514+Statutes, but is also found to be dangerous as defined by Section
515+1175.1 of this title, the court shall issue the appropriat e order as
516+set forth in Section 1175.6c of this title.
517+D. If the person is found to be incompetent because the person
518+is a person requiring treatment as defined by Section 1 -103 of Title
519+43A of the Oklahoma Statutes, but not capable of achieving
520+competence with treatment within a reasonable period of time as
521+defined by Section 1175.1 of this title, the court shall commence
522+civil commitment proceedings pursuant to Title 43A and shall dismiss
523+without prejudice the criminal proceeding. If the person is
524+subsequently committed to the Department of Mental Health and
525+Substance Abuse Services pursuant to Title 43A, the statute of
526+limitations for the criminal charges which were dismissed by the
527+court shall be tolled until the person is discharge d from the
528+Department of Mental Health and Substance Abuse Services pursuant to
529+Section 7-101 of Title 43A of the Oklahoma Statutes.
530+SECTION 3. AMENDATORY 22 O.S. 2021, Section 1175.8, is
531+amended to read as follows:
532+Section 1175.8 If the medical supervisor reports that the
533+person appears to have achieved competency after a finding of
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560+incompetency, the court shall hold another competency hearing to
561+determine if the person has achieved competency. If competency has
562+been achieved, the criminal proceedi ngs shall be immediately resumed
563+by setting a competency hearing within twenty (20) business days .
564+SECTION 4. NEW LAW A new section of law to be codified
565+in the Oklahoma Statutes as Section 1175.9 of Title 22, un less there
566+is created a duplication in numbering, reads as follows:
567+The Legislative Office of Fiscal Transparency may conduct an in -
568+depth review every year for the next five (5) years on the
569+successes, and any opportunities for improvement including but no t
570+limited to the cost savings for the jails, the expedited restoration
571+of competency, the use of jail -based and outpatient competency
572+restoration, and the effects on capacity of forensic bed treatment
573+services. A copy of the report will be sent to the Spe aker of the
574+Oklahoma House of Representatives and President Pro Tempore of the
575+Oklahoma State Senate for review and to provide recommendations. If
576+within the five-year review no significant progress has been made ,
577+including delays in treatment and over capacity of jails due to
578+volume of competency cases, the amendments made through this
579+legislation to Title 22 of the Oklahoma Statutes may be revisited by
580+the recommended stakeholder task force to include the Oklahoma
581+Sheriffs' Association, the District Atto rney’s Council, the Oklahoma
582+Department of Mental Health and Substance Abuse Services and the
583+Administrative Director of the Courts.
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610+SECTION 5. It being immediately necessary for the preservation
611+of the public peace, health or safety, an e mergency is hereby
612+declared to exist, by reason whereof this act shall take effect and
613+be in full force from and after its passage and approval. "
614+Passed the House of Representatives the 26th day of April, 2023.
615+
616+
617+
618+
619+
620+Presiding Officer of the House of
621+ Representatives
622+
623+
624+Passed the Senate the ____ day of _______ ___, 2023.
625+
626+
627+
628+
629+
630+Presiding Officer of the Senate
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658+ENGROSSED SENATE
659+BILL NO. 552 By: Haste of the Senate
660+
661+ and
662+
663+ Worthen of the House
664+
665+
666+
667+
668+An Act relating to determination of competence ;
669+amending 22 O.S. 2021, Sections 1175.1, 1175.6,
670+1175.6a, and 1175.8, which relate to procedures for
671+determinations of competency; modifying definition s;
672+modifying requirement s for certain court order;
673+requiring notification of court order of commit ment;
674+requiring certain report within specified time
675+period; establishing requirements fo r the provision
676+of certain treatment, therapy, or training; requiring
677+dismissal of criminal charges under certain
678+circumstances; tolling statute of limitation s for
679+criminal charges under certai n circumstances;
680+requiring return of certain p ersons to jail;
681+requiring submission of certain reports to the court;
682+requiring certain hearings; requiring transport of
683+defendant to certain jurisdiction; clarifying
684+requirements for administration of certain
685+medications; requiring criminal proceedings to be
686+resumed within certain time period upon d etermination
687+of competency; updating statutory language; and
688+declaring an emergency.
689+
690+
691+
692+BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
693+SECTION 6. AMENDATORY 22 O.S. 2021, Section 1175.1, is
694+amended to read as follows:
695+Section 1175.1. As used in Sections 1175.1 thr ough 1176 of this
696+title:
697+1. “Competent” or “competency” means the present ability of a
698+person arrested for or char ged with a crime to unders tand the nature
699+
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725+of the charges and proce edings brought against him or her and to
726+effectively and rationally assist in his or her defense;
727+2. “Criminal proceeding” means every stage of a criminal
728+prosecution after arrest and befor e judgment, including, but not
729+limited to, interrogation, lineup, preliminary hearing, motion
730+dockets, discovery, competency hearing, pretrial hearings and trial ;
731+3. “Dangerous” means a person who is a person requiring
732+treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
733+Statutes;
734+4. “Incompetent” or “incompetency” means the present inability
735+of a person arrested for or charged with a crime to unde rstand the
736+nature of the charges and proceedings brought against him or her and
737+to effectively and rationally assist in his o r her defense;
738+3. “Dangerous” means a person who is a p erson requiring
739+treatment as defined in Section 1 -103 of Title 43A of the O klahoma
740+Statutes;
741+4. “Criminal proceeding” means every stage of a criminal
742+prosecution after arrest and before judgment, inc luding, but not
743+limited to, interrogation, lineup, preli minary hearing, motion
744+dockets, discovery, pretrial hearings and trial;
745+5. “Public guardian” means the Office of Public Guardian as
746+established under the Oklahoma Public Guardianship Act in Section 6 -
747+101 et seq. of Title 30 of the Oklahoma Statutes;
748+6. “Qualified forensic examiner” means any:
749+
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775+a. psychiatrist with forensic train ing and experience,
776+b. psychologist with forensic training and experience, or
777+c. a licensed mental health professional whose forensic
778+training and experience enable him or her to fo rm
779+expert opinions regarding mental illness, competenc y
780+and dangerousness and who has been approved to rend er
781+such opinions by the court; and
782+6. 7. “Reasonable period of time” means a period during which a
783+person is receiving tr eatment for the purpose of resto ring
784+competency as required by law not to exceed the lesser of:
785+a. the maximum sentence specified for the most serious
786+offense with which the defendant is charged, or
787+b. a maximum period of two ( 2) years; and
788+7. “Public guardian” means the Office of Public Guardian as
789+established under the Oklahoma Public Guardianship Act in Section 6 -
790+101 et seq. of Title 30 of the Oklahoma Statutes, or
791+b. the maximum length of the sentence if such sentence is
792+less than two (2) years.
793+SECTION 7. AMENDATORY 22 O.S. 2021, Section 1175.6, is
794+amended to read as follows:
795+Section 1175.6. Upon the finding by the jury or the court as
796+provided by Section 1175.5 of th is title, the court shall issu e the
797+appropriate order regarding the person as follows:
798+
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824+1. If the person is found to be competent, the criminal
825+proceedings shall be resumed;
826+2. If the person is charged with a felony and found to be
827+incompetent because the person is a person requiring treatment as
828+defined in Title 43A of the Oklahoma Statutes, t he court shall issue
829+the appropriate order as set forth in Section 1175.6a of this ti tle;
830+3. If the person is found to be incompetent because the person
831+is intellectually disabled as defined in Section 1408 of Title 10 of
832+the Oklahoma Statutes, the court shall issue the appropriate order
833+as set forth in Section 1175.6b of this title; and
834+4. If the person is found to be incompetent for reasons other
835+than the person is a person requiring treatm ent as defined by
836+Section 1-103 of Title 43A of the Oklahoma Sta tutes, or for reasons
837+other than the person is intellectually disabled as defined in
838+Section 1408 of Title 10 of the Oklahoma Statutes, the court shall
839+issue the appropriate order as set forth in Section 1175.6c of this
840+title.
841+SECTION 8. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
842+amended to read as follows:
116843 Section 1175.6a. A. 1. If the a person is found to be
117844 incompetent prior to conviction because he or she is a pe rson
118845 requiring treatment as defined in Section 1 -103 of Title 43A of the
119846 Oklahoma Statutes, but capable of achieving competence with
120847 treatment within a reasonable period of time as defined by Section
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121874 1175.1 of this title, the court shall suspend the crimin al
122875 proceedings and order the Department of Mental Health and Substance
123876 Abuse Services to provide treatm ent, therapy or training which is
124877 calculated to allow the person to achieve competency . The
125878 Department may designate a willing entity to provide such competency
126879 restoration services on behalf of the Department, provided the
127880 entity has qualified personnel. The court shall further order the
128881 Department to take custody of the individual as soon as a forensic
129882 bed becomes available, unless both the Department and the county
130883 jail where the person is being held determine that it is in the best
131884 interests of the person to remain in the county jail. Such
132885 competency restoration services shall begin within a reasonable
133886 period of time after the court has determined th at the person is not
134887 competent to stand trial .
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138888 The person shall remain in the custody of the county jai l until
139889 such time as the Department has a b ed available at the forensic
140890 facility unless competency restoration services are provided by a
141891 designee of the Department, in which case custody of the per son
142892 shall be transferred to the Department.
143-
144893 B. The Department of Mental Health and Substance Abuse S ervices
145894 or designee shall make periodic reports to the court as to the
146895 competency of the defendant The court shall notify the Department
147896 within seventy-two (72) hours of filing an order of commitment by
148897 providing a copy of the order to the Department.
149898
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150924 2. Within thirty (30) days after the notification of the order
151925 of commitment, the Department shall provide a report to the court on
152926 any recommended treatment for the defendan t to attain competency to
153927 proceed. Such report shall include:
154-
155928 a. the mental illness causing the incompetence,
156-
157929 b. the availability of acceptable treatment and if such
158930 treatment is available in th e community,
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160931 c. the likelihood of the defendant ’s attaining competence
161932 within a reasonable period of ti me as defined by
162933 Section 1175.1 of this title, and
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164934 d. whether the person is a person requiring treatment as
165935 defined by Section 1-103 of Title 43A of the Oklahoma
166936 Statutes.
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168937 3. The treatment, therapy, or training fo r competency shall be
169938 provided in the jail or detention facility where the person is being
170939 held, unless the Department recommends and the court determines that
171940 the person can be safely treated in an outpatient community-based
172941 setting or the Department dete rmines that the person should be
173942 transported to a facility designated by the Depa rtment to provide
174943 such treatment, therapy, or training. The Department may des ignate
175944 or contract with a willing e ntity to provide the competency
176945 restoration services in the j ail or detention facility on behalf of
177946 the Department. Competency restoration se rvices shall begin within
178947 a reasonable period of time after the court has determined that the
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179974 person is not compet ent to stand trial. The Department shall notify
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182975 the court, district attorney, and defense counsel that treatment has
183976 begun and where such tre atment is being provided within fourteen
184-(14) days from the date treatment begins. The Department shall
185-assume liability to the fullest ext ent permitted by law for any
186-services provided by the Department, or a contracted or designated
187-entity on behalf of the Department, for individuals receiving
188-competency treatment, therapy or training while being held in a jail,
189-public trust or detention fa cility. A legally recognized business
190-entity under contract with city, county, or state entities that
191-provides medical care to inmates or detainees in the custody or
192-control of law enforcement agencies, including, but not limited to,
193-competency restoratio n services, and any employee of the contracted
194-legally recognized business entity, shall be an employee of the
195-state pursuant to Section 152 of the Governmental Tort Claims Act.
196-
197-4. If at any time while the person is being treated in an
198-inpatient facility operated by the Department the court determines
199-that he or she is no longer a person requiring treatment as defined
200-in Section 1-103 of Title 43A of the Oklahoma Statut es, the court
201-may order the immediate return of the person to jail and the
977+(14) days from the date treatment begins. All transportation
978+pursuant to this section shall be conducted by the sheriff’s
979+department of the county where the person is charged .
980+4. If a person charged with a misdemeanor is found to be
981+incompetent because he or she is a person requiring treatment as
982+defined in Section 1 -103 of Title 43A of the Oklahoma Statutes, the
983+court shall commence c ivil commitment proceedings pursuant to Ti tle
984+43A of the Oklahoma Statutes and sh all dismiss the criminal
985+proceeding without prejudice. If the person is subsequently
986+committed to the Department for civil commitment, the statute of
987+limitations for the criminal charge or charges that were dismissed
988+by the court shall b e tolled until the person is discharged from the
989+Department pursuant to Section 7-101 of Title 43A of the Oklahoma
990+Statutes.
991+5. If at any time while the person is being treated in an
992+inpatient facility operated by the Department, the Department
993+determines that he or she is no longer a person requiring treatment
994+as defined in Section 1 -103 of Title 43A of the Oklahoma Statutes,
995+the person shall be immediately returned to the jail and the
202996 Department shall file a report with the court. In the report, the
203997 Department can either recommend a less restrictive treatment
998+
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2041024 alternative including but not limited to an outpatient community-
2051025 based setting or treatment in a community residential facility or
2061026 jail or detention-based setting, or take the actions set forth in
207-subsection B of this section. Within thirty (30) days of the return
208-of the person to jail, the court shall hold a hearing to determine
209-whether competency restoration services should be continued in the
1027+subsection B of this section. Within thirty (30) days of receipt of
1028+the report, the court shall hold a hearing to determine whether
1029+competency restoration services should be continued in the
2101030 outpatient setting or in the jail or detention-based setting.
211-
2121031 B. If at any time the Department determin es that the defendant
2131032 is unlikely to attain comp etency within a reasonable period of time
2141033 as defined by Section 1175.1 of this title, the Department shall
2151034 issue a report to the court. Within thirty (30) days o f receipt of
2161035 the report, the court shall hold a hearing to determine whether
2171036 competency restoration treatment should continue.
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2191037 C. If the person is determined by the Department of Mental
2201038 Health and Substance Abuse Services or designee to have regained
2211039 competency, or is no longer incompetent because th e person is a
2221040 person requiring treatment as defi ned by Title 43A of the Oklahoma
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2251041 Statutes, a competency hearing shall be scheduled within twenty (20)
2261042 days:
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2281043 1. After the court receives notification that the defendant is
2291044 competent to proceed or no longer me ets the criteria for continued
2301045 commitment, the defendant shall be transported to the jurisdiction
2311046 of the court that entered the order for commit ment for the
2321047 competency hearing. If the defendant is receiving psychotropic
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2331074 medication at a mental health facil ity at the time he or she is
2341075 discharged and transferred to the jail, the administration of the
2351076 medication shall continue unless the jail physici an documents the
2361077 need to change or discontinue it. The physicians of the jail and
2371078 the Department shall collaborate to ensure that any change in
2381079 medication does not adversely affect the defendant ’s mental health
2391080 status or his or her ability to continue with court pr oceedings;
2401081 provided, however, the jail physician has final authority regarding
2411082 the administration of medication to an inmate in jai l;
242-
2431083 2. If found competent by the court or a jury after such
2441084 rehearing, criminal proceedings shall be resumed;
245-
2461085 2. 3. If the person is found to continue to be incompetent
2471086 because the person is a person requiring tr eatment as defined in
2481087 Title 43A of the Oklahoma Statutes, the person shall be returned to
2491088 the custody of the Department of Mental Health and Substance Abuse
2501089 Services or designee for continued treatment, therapy, or training
2511090 for competency as provided in paragraph 3 of s ubsection A of this
2521091 section;
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2541092 3. 4. If the person is found to b e incompetent because the
2551093 person is intellectually disabled as defined by Title 10 of the
2561094 Oklahoma Statutes, the court shall issue the appropriate order as
2571095 set forth in Section 1175.6b of this title;
258-
2591096 4. 5. If the person is found to be incompetent for reas ons
2601097 other than the person is a person requiring treatment as defined by
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2611124 Title 43A of the Oklahoma Statutes, and other than the person is
2621125 intellectually disabled as defined in Title 10 of the Oklahoma
2631126 Statutes, and is also found to be not dangerous as defin ed by
2641127 Section 1175.1 of this t itle, the court shall issue the appropriate
2651128 order as set forth in Section 1175.6b of this title; or
266-
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2691129 5. 6. If the person is found to be incompetent for reasons
2701130 other than the person is a pers on requiring treatment as defined b y
2711131 Title 43A of the Oklahoma Statutes, and other than the person is
2721132 intellectually disabled as defined in Title 10 of the Oklahoma
2731133 Statutes, but is also fou nd to be dangerous as defined by Secti on
2741134 1175.1 of this title, the court shall issue the appropriate order as
2751135 set forth in Section 1175.6c of this title.
276-
2771136 D. If the person is found to be incom petent because the person
2781137 is a person requiring treatment as def ined by Section 1-103 of Title
2791138 43A of the Oklahoma Statutes, but n ot capable of achieving
2801139 competence with treatment within a reasonable period of time as
2811140 defined by Section 1175.1 of this titl e, the court shall commence
2821141 civil commitment proceedings pursuan t to Title 43A and shall dismiss
2831142 without prejudice the criminal pr oceeding. If the person is
2841143 subsequently committed to the Department of Mental Health a nd
2851144 Substance Abuse Services pursuant to Title 43A, the statute of
2861145 limitations for the criminal charges which were dismissed by the
2871146 court shall be tolled until the person is discharged from the
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2881173 Department of Mental Health and Substance Abuse Services pursua nt to
2891174 Section 7-101 of Title 43A of the Oklahoma Statutes.
290-
291-SECTION 3. AMENDATORY 22 O.S. 2021, Section 1175.8, is
1175+SECTION 9. AMENDATORY 22 O.S. 2021, Section 1175.8, is
2921176 amended to read as follows:
293-
2941177 Section 1175.8. If the medical supervisor reports that the
2951178 person appears to have achieved competency after a finding of
2961179 incompetency, the court shall hold another competency hearing to
2971180 determine if the person has achieved competency. If competency has
2981181 been achieved, the crimi nal proceedings shall be immediately resumed
2991182 by setting a competency hearing within twenty (20) business days.
300-
301-SECTION 4. NEW LAW A new section of law to be codified
302-in the Oklahoma Statutes as Section 1175.9 of Title 22, un less there
303-is created a duplication in numbering, reads as follows:
304-
305-The Legislative Office of Fiscal Transparency may con duct an in-
306-depth review every year for the next five (5) years on the
307-successes, and any opportunities for improvement including but no t
308-limited to the cost savings for the jails, the expedited restoration
309-of competency, the use of jail-based and outpatient competency
310-restoration, and the effects on capacity of forensic bed treatment
311-
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313-services. A copy of the report will be sent to the Spe aker of the
314-Oklahoma House of Representatives and President Pro Tempore of the
315-Oklahoma State Senate for review and to pr ovide recommendations. If
316-within the five-year review no significant progress has been made ,
317-including delays in treatment and over capacity of jails due to
318-volume of competency cases, the amendments made through this
319-legislation to Title 22 of the Oklahom a Statutes may be revisited by
320-the recommended stakeholder task force to include the Oklahoma
321-Sheriffs' Association, the District Atto rney’s Council, the Oklahoma
322-Department of Mental Health and Substance Abuse Services and the
323-Administrative Director of t he Courts.
324-
325-SECTION 5. It being immediately necessary for the preservation
1183+SECTION 10. It being immediately necessary for the preservation
3261184 of the public peace, health or safety, an emergency is hereby
3271185 declared to exist, by reason whereof this act shall take effect and
3281186 be in full force from and after its pas sage and approval.
329-
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332-Passed the Senate the 23rd day of May, 2023.
1187+Passed the Senate the 20th day of March, 2023.
3331188
3341189
3351190
3361191 Presiding Officer of the Senate
3371192
3381193
339-Passed the House of Representatives the 26th day of April, 2023.
1194+Passed the House of Representatives the ____ day of __________,
1195+2023.
3401196
3411197
3421198
3431199 Presiding Officer of the House
3441200 of Representatives
3451201
346-OFFICE OF THE GOVERNOR
347-Received by the Office of the Governor this _______ _____________
348-day of _________________ __, 20_______, at _______ o'clock _______ M.
349-By: _______________________________ __
350-Approved by the Governor of the State of Oklahoma this ___ ______
351-day of ______________ _____, 20_______, at _______ o'clock _______ M.
3521202
353- _________________________________
354- Governor of the State of Oklahoma
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357-OFFICE OF THE SECRETARY OF STATE
358-Received by the Office of the Secretary of State this _______ ___
359-day of __________________, 20 _______, at _______ o'clock _______ M.
360-By: _______________________________ __