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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1740 By: Moore
AS INTRODUCED
An Act relating to individualized service plans;
providing for legislative intent; providing for a
prepared and maintained written individ ualized
service plan; providing for timing requirements;
establishing standards; providing for disputed
evidence; providing for implementation into the
court's disposition; providing for approval;
providing for tailoring; providing for which language
governs; providing for modification; providing for
standardization; requiring certa in information to be
provided in the service plan; providing for review
hearings; requiring the Oklahoma Department of Mental
Health and Substance Abuse Services to provide a
report; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1161.1 of Title 22, unless there
is created a duplication in numbering, reads as follow s:
A. In matters governing individuals who have been adjudicated
not guilty by reason of mental illness, it is the intent of the
Legislature to ensure the protection of the publ ic while also
providing to these individuals the appropriate care they deserve.
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This care includes, but is not limited to: therapeutic
interventions, psychiatric treatment, support services, relevant
clinical services, protection from harm, administrative oversight,
and judicial oversight. While recognizing that some individuals m ay
require permanent institutional care and oversight, the focus should
always be upon a recovery -based model of treatment. Best efforts
should be utilized by the State of Oklah oma, through the Department
of Mental Health and Substance Abuse Services (ODMHSAS) to secure
adequate facilities for the delivery of treatment and services for
these individuals. Likewise, meaningful administrative oversight by
ODMHSAS should be establis hed to shepherd these individuals safely
and securely while under its care and supervision. Courts provide
invaluable oversight regarding compliance by ODMHSAS and these
individuals. As such, Courts should exercise their ability to
frequently monitor the progress, or lack thereof of ODMHSAS and
these individuals while receiving treatment or supervision.
B. The ODMHSAS shall prepare and maintain a written
individualized service plan for any person who has been adjudicated
to be not guilty by reason of men tal illness (NGRI/MI). Integral to
the development of the service plan is obt aining a comprehensive
psychological evaluation upon admission to include any relevant
psychological testing, structured risk assessment, and treatment
recommendations. Additionally, upon admission a comprehensive
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psychiatric evaluation should be conducted by a forensically trained
psychiatrist.
C. The plan shall be furnished to the court within forty -five
(45) days after the adjudication of the person and shall be made
available to counsel for the parties.
D. 1. The individualized service plan shall be based upon a
comprehensive psychological and psychiatric evaluations obtained
upon admission together with any other collateral information and
shall be developed with the parti cipation of the individual and
their support system as deemed appropriate and legally authorized.
The protection of the public as well as the health and safety of the
individual shall be the paramount concern in the development of the
plan.
2. If any part of the plan is disputed or not approved by the
court, an evidentiary hearing may be held and at its conclusion, the
court shall determine the content of the individualized service plan
in accord with the evidence presented and the best interests of the
individual.
3. When approved by the court, each individualized service plan
shall be incorporated and made a part of the dispositional order of
the court.
4. The plan shall be signed by:
a. the individual,
b. the attorney for the individual, and
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c. the treating doctor at ODMHSAS.
E. 1. Every service plan prepared shall be individ ualized and
specific to each individual.
2. The individualized service plan shall be written in simple
and clear English. If English is not the principal language of the
individual, and such person is unable to read or comprehend the
English language, to the extent possible the plan shall be written
in the principal language of the person.
3. The individualized service plan may be modified based on
changing circumstances consis tent with the identified needs of the
individual and the protection of the pub lic.
4. The individualized service plan shall be measurable,
realistic, and consistent with the requirements of other court
orders.
5. Shall follow clinical standards of forens ic mental health
service delivery by qualified mental health providers.
F. The individualized service plan shall include but not be
limited to:
1. A statement of the incident facts upon which the individual
was found to be not guilty by reason of mental illness,
2. A history of the individual and his or her family, including
previous mental health and substance use related incidents,
treatment episodes, and diagnosis,
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3. Identification of services to be provided to the individual,
to include clinical services, psychotropic medication, therapeutic
intervention, psychoeducation, educational or vocational services,
and any other clinical activities deemed relevant and necessary,
4. Structured standardized risk assessments, which should be
completed annually at a minimum by qualified forensic examiners;
5. The most recent available health, mental health,
educational, and justice system records of the individual shall be
provided to the court upon the court 's request including:
a. the names and addresses of the individual's providers,
b. information regarding special education, disability
services, or other relevant and known information
pertaining to disability, if applicable,
c. the individual's known medical problems, including any
known communicable disea ses,
d. the individual's medications, and
e. any other relevant health, mental health and substance
use, and education information;
6. A schedule of the frequency of services and the means by
which delivery of the services will be assured or, as necessary , the
proposed means by which support services or other assistance will be
provided to enable the individual to obtain the services;
7. The name of the social worker or case manager assigned to
the case;
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8. The name and business address of the attorney r epresenting
the Individual;
9. The name of the psychiatrists rendering treatm ent;
10. The name of the licensed clinician rendering therapeutic
interventions;
11. The name of the patient advocate for the individual;
G. The court shall conduct periodic r eview hearings following
the adoption of the individualized service plan.
1. ODMHSAS shall prepare a report to the Court 10 days in
advance of each review hearing which shall be provided to the court,
counsel for the individual, the district attorney, and the Oklahoma
Forensic Review Board (FRB). The court is not limited in the nu mber
or frequency of review hearings it may conduct in reviewing the
status of the individual except as follows:
2. In the first year following the initial adoption of the
individualized service plan, the Court shall conduct no less than
four quarterly review hearings and require updated reports to be
submitted.
3. In the second and subsequent years (as necessary), the court
shall conduct no less than two semi -annual review hearings. The
court may schedule more depending upon the facts and circumstances
of each case. Courts are encouraged to conduct more frequent
hearings if the individual is demonstrating progress in treatment.
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4. If, in the opinion of the court, the individu al has made
significant progress in treatment, the court may require the
Oklahoma FRB to conduct its annual review earlier so that the Court
may make subsequent decisions upon the continued treatment and
placement of the individual.
5. Nothing shall precl ude ODMHSAS, the court, counsel for the
individual, or the District Attorney f rom requesting an accelerated
review hearing based upon a change in circumstances for the
individual.
6. In its review of the individual 's case the court shall give
consideration to concerns for the safety of the public based upon a
current risk assessment, the underlying facts resulting in the
individual's adjudication of being not guilty by reason of mental
illness, the progress of the individual according to the service
plan, the recommendations of the treatment provider(s), and the
input of the affecte d victim(s),
7. Prior to the hearing, counsel for the individual shall meet
with the individual in person or by remote video means to discuss
ODMHSAS's report to the court.
8. Nothing herein shall preclude an individual who is already
in the care, custody, control, and supervision of the ODMHSAS from
requesting a review hearing for the purpose of establishing a
written service plan as set out above.
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9. The ODMHSAS shall ensure that all individuals, previously
adjudicated as not guilty by reason of mental illness and within its
care, custody, control, and supervision have a written service plan
as outlined above. The written service plan shall be filed of
record in the case prio r to the next scheduled review hearing,
unless granted leave of the court due to limited time constraints,
but in no circumstances more than one year from the passage of this
act.
SECTION 2. This act shall become effective November 1, 2025 .
60-1-11435 TJ 12/10/24