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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
ENGROSSED SENATE
BILL NO. 1089 By: Rosino of the Senate
and
Lawson of the House
An Act relating to determination of competency;
amending 22 O.S. 2021, Sections 1175.1, as amended by
Section 1, Chapter 73, O.S.L. 2024, and 1175.6a (22
O.S. Supp. 2024, Section 1175.1), which relate to
definitions and persons capable of achieving
competence; modifying definition; directing court to
conduct competency proceedings for certain persons;
establishing procedures for court to conduct
competency proceedings for certain persons; requiring
criminal proceedings to resume upon certain
determination; requiring additional competency
restoration services upon ce rtain determination;
requiring commencement of civil commitment
proceedings upon certain determination; tolling
statute of limitations under certain circumstances;
amending 43A O.S. 2021, Sections 1 -103, as last
amended by Section 1, Chapter 96, O.S.L. 202 4, and 7-
101 (43A O.S. Supp. 2024, Section 1 -103), which
relate to definitions and discharge or permissio n to
leave facility; modifying definition; establishing
requirements for certain civil commitment upon
dismissal of certain criminal charges; requiring
certain reporting by Department of Mental Health and
Substance Abuse Services; requiring certain notice;
authorizing filing of certain objection; establishing
procedures for hearing on certain discharge;
requiring appointment of counsel under certain
circumstances; requiring court to make certain
determination; authorizing appeal of certain court
order; authorizing stay of certain order;
establishing standards for certain review; clarifying
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applicability of provisions; updating statutory
references; updating statutory language; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.1, as
amended by Section 1, Chapter 73, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 1175.1), is amended to read as follows:
Section 1175.1. As used in Sections 1175.1 throug h 1176 of this
title:
1. “Competent” or “competency” means the present ability of a
person arrested for or charged with a crime to understand the natu re
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, preliminary hearing, motion
dockets, discovery, 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 crime to understand the
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nature of the charges and proceedings brought against him or her and
to effectively and rationally assist in his or her defense;
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 exp erience,
b. psychologist with forensic training and 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
and dangerousness and who has been approved to render
such opinions by the court; provided, however, a
licensed mental health professio nal shall not be
qualified to issue expert opinions as to competency or
dangerousness in cases in which a person is alleged to
be incompetent due to in tellectual disability; and
7. “Reasonable period of time ” means a period 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.
Any time period where the defendant refuses medication
prescribed or ordered that is designed to restore the defendan t to
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competency shall not be used in the calculation of a reasonable
period of time.
SECTION 2. AMENDATORY 22 O.S. 2021, Sect ion 1175.6a, is
amended to read as follows:
Section 1175.6a. A. If the person is found to be incompetent
prior to conviction because he or she is 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 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
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 Department 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 determined that the person is not competent to
stand trial.
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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 restora tion services are provided by a
designee of the Department, in which case custody 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.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to hav e regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Section 1-103 of Title 43A
of the Oklahoma Statutes, a hearing shall be scheduled within twenty
(20) days:
1. If found competent by the cou rt or a jury after such
rehearing, criminal proceedings shall be resumed;
2. If the person is found to continue to be incompetent because
the person is a person requiring treatment as defined in Section 1-
103 of Title 43A of the Oklahoma Statutes, the per son shall be
returned to the custody of the Department of Mental Health and
Substance Abuse Services or d esignee;
3. If the person is found to be incompetent because the person
is intellectually disabled an individual with intellectual
disability as defined by Section 1408 of Title 10 of the Oklahoma
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Statutes, the court shall issue the appropriate order as set forth
in Section 1175.6b of this title;
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatme nt as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is intellectually disabled an individual with
intellectual disability as defined in Section 1408 of Title 10 of
the Oklahoma Statutes, and is also found to be n ot dangerous as
defined 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
5. If the person is found to be incompetent for reasons other
than the person is a person requiring trea tment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is intellectually disabled an individual with
intellectual disability as defined in Section 1408 of Title 10 of
the Oklahoma Statutes, but is also found to b e 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 incompetent because 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 treatm ent within a reasonable period of time as
defined by Section 1175.1 of this title, the court shall commence
civil commitment proceedings pursuant to Ti tle 43A of the Oklahoma
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Statutes 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 of the Oklahoma Statutes , 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.
E. For a person undergoing competency restoration services,
within thirty (30) days after the expiration of the reasonable
period of time as defined by Section 1175.1 of this title, the court
shall hold a hearing to determine whether the person has been
restored to competency .
1. No less than fifteen (15) days prior to the hearing the
Department of Mental He alth and Substance Abuse Services shall
submit a report to the court, the person ’s attorney, and the
prosecuting agency detailing the person ’s status and progress in
being restored to competency including the person ’s historical and
current compliance with medication and treatment and a plan for
competency restoration if additional competency restoration services
are ordered by the court .
2. If the court determines that the person has been restored to
competency, the criminal proceedings shall resume .
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3. If the court determines that the person has not been
restored to competency, the court shall determine whether additional
competency restoration servic es are likely to be beneficial in
restoring the person to competency. If the court finds by a
preponderance of the evidence that additional competency restoration
services are:
a. likely to be beneficial in restoring the person to
competency, the court sh all order the person to remain
in or be transferred to the custody of the Department
which shall continue to provide treatment, therapy, or
training calculated to restore the person to
competency for a period of time not to exceed the
lesser of an addition al two (2) years or the maximum
sentence specified for the most serious offense with
which the defendant is charged , or
b. not likely to be beneficial in restoring the person to
competency, the court shall commence civil commitment
proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the
criminal proceeding. If the p erson is subsequently
committed to the Department pursuant to Title 43A of
the Oklahoma Statutes, the statute of limitations for
the criminal charges w hich were dismissed by the court
shall be tolled until the person is discharged from
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the Department pursuant to Section 7-101 of Title 43A
of the Oklahoma Statutes.
SECTION 3. AMENDATORY 43A O.S. 2021, Section 1 -103, as
last amended by Section 1, Chapter 96, O.S.L. 2024 (43A O.S. Supp.
2024, Section 1-103), is amended to read as foll ows:
Section 1-103. When used in this title, unless otherwise
expressly stated, or unless the context or subject matter otherwise
requires:
1. “Department” means the Department of Mental Health and
Substance Abuse Services;
2. “Chair” means the chair of the Board of Mental Health and
Substance Abuse Services;
3. “Mental illness” means a substantial disorder of thought,
mood, perception, psychological orientation or memory that
significantly impairs judgment, behavior, capacity to recognize
reality or ability to meet the ordinary demands of life;
4. “Board” means the Board of Mental Health and Substance Abuse
Services as established by the Mental Heal th Law;
5. “Commissioner” means the Commissioner of Mental Health and
Substance Abuse Services;
6. “Indigent person” means a person who does not have
sufficient assets or resources to support the person and to support
members of the family of the person lawfully dependent on the person
for support;
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7. “Facility” means any hospital, school, building, house or
retreat, authorized by law to have the care, treatment or custody of
an individual with mental illness, drug or alcohol dependency,
gambling addiction, or an eating disorder including, but not limited
to, public or private hospitals, community mental health centers,
clinics, satellites, and community -based structured crisis centers;
provided, that facility shall not mean a child guidance center
operated by the State Department of Health;
8. “Consumer” means a person under care or treatment in a
facility pursuant to the Mental Health Law, or in an outpatient
status;
9. “Care and treatment” means medical care and behavioral
health services, as well as food, clothing and maintenance,
furnished to a person;
10. Whenever in this law or in any other law, or in any rule or
order made or promulgated pursuant to this law or to any other law,
or in the printed forms prepared for the admission of consumers or
for statistical reports, the words “insane”, “insanity”, “lunacy”,
“mentally sick”, “mental disease” or “mental disorder” are used,
such terms shall have equal significance to the words “mental
illness”;
11. “Licensed mental health professional ” means:
a. a psychiatrist who is a diplomate of the American
Board of Psychiatry and Neurology,
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b. a psychiatrist who is a diplomate of the American
Osteopathic Board of Neurology and Psychiatry,
c. a physician licensed pursuant to the Oklahoma
Allopathic Medical and Surgical Licensure and
Supervision Act or the Oklahoma Osteopathic Medicine
Act,
d. a clinical psycholog ist who is duly licensed to
practice by the State Board of Examiners of
Psychologists,
e. a professional counselor licensed pursuant to the
Licensed Professional Counselors Act,
f. a person licensed as a clinical social worker pursuant
to the provisions of the Social Worker ’s Licensing
Act,
g. a licensed marital and family therapist as defined in
the Marital and Family Therapist Licensure Act,
h. a licensed behavioral practitioner as defined in the
Licensed Behavioral Practitioner Act ,
i. an advanced practice nurse as defined in the Oklahoma
Nursing Practice Act,
j. a physician’s assistant who is licensed in good
standing in this state, or
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k. a licensed alcohol and drug counselor/mental health
(LADC/MH) as defined in the Licensed Alcohol and Drug
Counselors Act;
12. “Mentally incompetent person ” means any person who has been
adjudicated mentally or legally incompetent by an appropriate
district court;
13. a. “Person requiring treatment ” means a person who
because of his or her mental illness or drug or
alcohol dependency meets at least one of the
following:
(1) poses a substantial risk of immediate physical
harm to self as manifested by evidence or serious
threats of or attempts at suicide or other
significant self-inflicted bodily harm,
(2) poses a substantial risk of immediate physical
harm to another person or persons as manifested
by evidence of violent behavior directed toward
another person or persons ,
(3) has placed another person or persons in a
reasonable fear of violent behavior directed
towards such person or persons or serious
physical harm to them as manifested by serious
and immediate threats,
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(4) is in a condition of severe deterioration that is
continuing, as has been observed within the
previous seventy-two (72) hour seventy-two-hour
period such that, without immediate intervention,
there exists a substantial risk that severe
impairment or injury will result to the person,
or
(5) poses a substantial risk of immediate serious
physical injury to self or death as manifested by
evidence that the per son is unable to provide for
and is not providing for his or her basic
physical needs.
b. To the extent it is reasonably available, the relevant
mental health or substance abuse history of the person
shall be considered and may be proffered as part of
the evidence to determine whether the person is a
person requiring treatment or an assisted outpatient.
The mental health or substance abuse history of th e
person shall not be the sole basis for this
determination.
c. In determining whether the person is a pe rson
requiring treatment, the following shall also be
considered along with any other relevant information:
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(1) the person’s history of violence or cri minal acts
including unadjudicated criminal acts if evidence
of the person’s culpability is evident or
established,
(2) the person’s history of compliance with mental
and behavioral health medication and treatment,
(3) the probability and result of the per son’s
noncompliance with medication and treatment if
not committed,
(4) the consumer’s history of using w eapons in an
illegal or unsafe manner, and
(5) any previous instances of harm, attempted harm,
or threatened harm to self or others.
d. Unless a person also meets the criteria established in
subparagraph a or, b, or c of this paragraph, “person
requiring treatment” or an “assisted outpatient” shall
not mean:
(1) a person whose mental processes have been
weakened or impaired by reason of advanced years,
dementia, or Alzheimer ’s disease,
(2) a person who is an individual with intellectual
disability or developmental disability as defined
in Section 1408 of Title 10 of the Oklahoma
Statutes,
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(3) a person with seizure disorder,
(4) a person with a traumatic b rain injury, or
(5) a person who is homeless.
d. e. (1) A person who meets the criteria established
in this paragraph but who is medically unstable
may be discharged and transported in accordance
with Section 1-110 of this title. Alternatively,
if the facility holding the person is able to
treat the additional medical conditions of that
person, the facility may treat the additional
medical conditions in an effort to medically
stabilize the patient.
(2) If the facility holding the person is unable to
treat the additional medical conditions of a
person who meets the criteria established in this
paragraph, the patient shall be discharged and
transported in accordance with Section 1 -110 of
this title.
(3) All time elapsed during medical stabilization
tolls the twelve (12) hour twelve-hour time for
an initial assessment pursuant to paragraph 1 of
subsection A of Section 5-208 of this title, and
the one-hundred-twenty-hour emergency detention
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time pursuant to paragraph 3 of subsection A of
Section 5-208 of this title;
14. “Petitioner” means a person who files a petition alleging
that an individual is a person requiring treatment or an assisted
outpatient;
15. “Executive director” means the person in charge of a
facility as defined in this section;
16. “Private hospital or facility” means any general hospital
maintaining a neuro-psychiatric unit or ward, or any priv ate
hospital or facility for care and treatment of a person having a
mental illness, which is not supported by the state or federal
government. The term “private hospital” or “facility” shall not
include nursing homes or other facilities maintained primarily for
the care of elderly and disabled persons;
17. “Individualized treatment plan ” means a proposal developed
during the stay of an individual in a facility, under the provisions
of this title, which is specifically tailored to the treatment needs
of the individual. Each plan shall clearly include the following:
a. a statement of treatment goals or objectives, based
upon and related to a clinical ev aluation, which can
be reasonably achieved within a designated time
interval,
b. treatment methods and procedures to be used to obtain
these goals, which methods and procedures are related
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to each of these goals and which include specific
prognosis for achieving each of these goals,
c. identification of the types of professional personnel
who will carry out t he treatment procedures including
appropriate medical or other professional involvement
by a physician or other health professional properly
qualified to fulfill legal requirements mandated under
state and federal law,
d. documentation of involvement by the individual
receiving treatment and, if applicable, the accordance
of the individual with the treatment plan, and
e. a statement attesting that the ex ecutive director of
the facility or clinical director has made a
reasonable effort to meet the plan ’s individualized
treatment goals in the least restrictive environment
possible closest to the home community of the
individual;
18. “Telemedicine” means technology-enabled health and care
management and delivery systems that extend capacity and access,
which includes:
a. synchronous mechanisms, which may include live
audiovisual interaction between a patient and a health
care professional or real -time provider to provider
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consultation through live interactive audiovisual
means,
b. asynchronous mechanisms, which include store and
forward transfers, online exchange of health
information between a patient and a health care
professional and online exchange of hea lth information
between health care professionals, but shall not
include the use of automated text messages or
automated mobile applications that serve as the sole
interaction between a patient and a health care
professional,
c. remote patient monitoring, and
d. other electronic means that support clinical health
care, professional consultation, patient and
professional health-related education, public health
and health administration;
19. “Recovery and recovery support ” means nonclinical services
that assist individuals and families to recover from alcohol or drug
problems. They include social support, linkage to and coordination
among allied service providers including but not limited to
transportation to and from treatment or employment, employment
services and job training, case management and individual services
coordination, life skills education, relap se prevention, housing
assistance, child care, and substance abuse education;
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20. “Assisted outpatient” means a person who:
a. is either currently und er the care of a facility
certified by the Department of Mental Health and
Substance Abuse Services as a Community Mental Health
Center community mental health center , or is being
discharged from the custody of the Oklahoma Department
of Corrections, or is being discharged from a
residential placement by the Office of Juvenile
Affairs,
b. is suffering from a mental illness,
c. is unlikely to survive safely in the community without
supervision, based on a clinical determination,
d. has a history of lack of c ompliance with treatment for
mental illness that has:
(1) prior to the filing of a petition, at least twice
within the last thirty -six (36) months been a
significant factor in necessitating
hospitalization or treatment in a hospital or
residential facility including admission to a
community-based structured crisis center as
certified by the Oklahoma Department of Mental
Health and Substance Abuse Services, or receipt
of services in a forensic or other mental health
unit of a correctional facility, or a spec ialized
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treatment plan for treatment of mental illness in
a secure juvenile facility or placement in a
specialized residential program for juveniles, or
(2) prior to the filing of the petition, resulted in
one or more acts of serious violent behavior
toward self or others or threats of, or attempts
at, serious physical harm to self or others
within the last twenty-four (24) months,
e. is, as a result of his or her mental illness, unlikely
to voluntarily participate in outpatient treatment
that would enable him or her to live safely in the
community,
f. in view of his or her treatment history and current
behavior, is in need of assisted outpatient treatment
in order to prevent a relapse or deterioration which
would be likely to result in serious harm to the
person or persons as defined in this section , and
g. is likely to benefit from assisted outpatient
treatment;
21. “Assisted outpatient treatment ” means outpatient services
which have been ordered by the court pursuant to a treatment plan
approved by the court to treat an assisted outpatient ’s mental
illness and to assist the person in living and functioning in the
community, or to attempt to prevent a relapse or deterioration that
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may reasonably be predicted to result in suicide or the need for
hospitalization; and
22. “Urgent recovery clinic ” means a clinic that offers
voluntary services aimed at the assessm ent and immediate
stabilization of acute symptoms of mental illness, alcohol and other
drug abuse, and emotional distress. Unless the person receiving
treatment consents to a longer duration or unless the person is
placed into emergency detention under Sections 5 -206 through 5-209
of this title, no more than twenty -three (23) hours and fifty -nine
(59) minutes of services may be provided to a consumer du ring one
episode of care at an urgent recovery clinic.
SECTION 4. AMENDATORY 43 A O.S. 2021, Section 7 -101, is
amended to read as follows:
Section 7-101. A. The person in charge of a facility within
the Department of Mental Healt h and Substance Abuse Services shall
discharge a consumer or permit the consumer to leave the facility as
provided in this section.
B. The person in charge shall discharge a consumer:
1. Who is no longer a risk to self or others as defined in
provided by Section 1-103 of this title;
2. Who is capable of surviving safely in freedom alone or with
the help of other state agencies, private entities, or willing and
responsible family members or friends; provided, however, nothing in
this section or Section 7 -102 of this title shall be construed as
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requiring any state agency or private entity to provide services
except as voluntarily agreed to by the agency and consumer; and
3. For whom a discharge plan has been developed pursuant to the
provisions of Section 7-102 of this title.
C. The person in charge may grant a convalescent leave or
visiting status to a cons umer in accordance with policies prescribed
by the Commissioner of Mental Health and Substance Abuse Services .
The facility granting a convalescent le ave or visiting status to a
consumer has no responsibility in returning the consumer to the
facility should such become necessary. A convalescent leave or
visiting status may be granted rather than a discharge when the
complete recovery of the consumer ca n be determined only by
permitting the consumer to leave the facility. The person in charge
shall discharge a consumer who has not returned to the facility
within twelve (12) months from the time a convalescent leave or
visiting status was granted. Any r eturn from convalescent leave or
visiting status must be on a voluntary basis.
D. In accordance with policies prescribed by the Commissioner, a
person in charge may transfer a consumer to an outpatient or other
nonhospital status when, in the opinion of t he person in charge, such
transfer will not be detrimental to the public welfare or injurious
to the consumer and the necessary treatment may be continued on that
basis; provided, however, that before transferring the consumer, the
person in charge shall e nsure that appropriate financial resources
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and appropriate services are available to receive and care for such
consumer after such transfer.
E. The person in charge of the facility shall notify the court
that committed the consumer that the consumer has b een discharged.
Such notification shall be within forty -eight (48) hours after the
actual discharge.
F. If the consumer was committed after the dismissal of criminal
charges pursuant to the provisions of Section 1175.6a of Title 22 of
the Oklahoma Statutes:
1. The Department shall continue all appropriate efforts to
restore the consumer to competency as defined by Section 1175.1 of
Title 22 of the Oklahoma Statutes during the consumer ’s commitment;
2. The Department shall evaluate the consumer for compe tency and
issue a written report detailing the consumer ’s progress in regaining
competency to the attorne y of the consumer, the district court that
dismissed the criminal action, and the district attorney or other
prosecuting agency that prosecuted the dis missed criminal action at
least once every year;
3. The Department shall notify the consumer, the attorney of the
consumer, the prosecuting agency that prosecuted the dismissed
criminal action, and the district court that committed the consumer
no less than sixty (60) days prior to any discharge, leave, granting
of visiting status, or transfer of the consume r. Contemporaneously
with the notice, the Department shall provide a written report
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evaluating the consumer ’s risk to self and others if released, the
consumer’s status and progress in regaining competency, the
consumer’s current and historical compliance with medication and
treatment, and any discharge plan developed for the consumer;
4. The prosecuting agency that prosecuted the dismissed criminal
action may file with the district court that committed the consumer
an objection to the consumer ’s discharge, leave, granting of visiting
status, or transfer within thirty (30) days of recei pt of notice
pursuant to paragraph 3 of this subsection. The prosecuting agency
shall, regardless of whether an objection is filed, make reasonable
efforts to notify all alleged victims in the dismissed criminal
action, or if an alleged victim is deceased, his or her family, of
the Department’s planned discharge, leave, g ranting of visiting
status, or transfer of the consumer;
5. The court shall hold a hearing within thirty (30) days of the
filing of an objection by the prosecuting agency to determine whether
the consumer’s planned discharge, leave, granting of visiting s tatus,
or transfer should occur. The consumer shall be entitled to counsel
at the hearing and in preparation for the hearing. If the consumer
does not have counsel, the court shall appoint an attorney to
represent the person at no cost if the person is i ndigent and cannot
afford an attorney. The hearing may be continued either by agreement
of the parties or upon good cause shown. The prosecuting agency
objecting to the consumer ’s discharge, leave, granting of visiting
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status, or transfer shall bear the burden of proof, by clear and
convincing evidence, that the planned discharge, leave, granting of
visiting status, or transfer should not be granted. In the event of
a planned discharge pursuant to subsection B of this section, the
court shall determine w hether the criteria contained within
subsection B of this section has been met. In the event of a
convalescent leave, granting of visiting status, or transfer pursuant
to subsection C or D of this section, the court shall determine
whether the applicable criteria have been met and whether the leave,
granting of visiting status, or transfer is in the best interest of
the consumer and in the best interest of public safety. The court
shall enter the appropriate order which shall include written
findings of fact and conclusions of law and specify its effective
date;
6. An order entered pursuant to this subsecti on may be appealed
by either the consumer or the prosecuting agency to the Supreme Court
in accordance with the rules of the Supreme Court. The district
court, the Supreme Court, or the Court of Civil Appeals, if assigned,
may stay an order granting discharge, leave, visiting status, or
transfer pending appeal. On appeal, the district court ’s findings of
facts shall be reviewed for an abuse of discreti on while the legal
conclusions of the district court shall be reviewed de novo. If the
prosecuting agency appeals an order granting the consumer ’s
discharge, leave, visiting status, or transfer and the order has been
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stayed pending appeal, the appellate c ourt shall resolve the appeal
in an expedited manner ; and
7. The provisions of this subsection shall apply to all persons
subject to such terms regardless of whether the person ’s criminal
charge or commitment occurred before or after the effective date of
this act.
G. The expense of returning a consumer from convalescent leave,
outpatient status or visiting status shall be that of:
1. The party removing the consumer from the facility; or
2. The Department. When it becomes necessary for the consumer
to be returned from the county where the consumer happens to be, the
Department shall reimburse the county pursuant to the provisions of
the State Travel Reimbursement Act.
G. H. In the event authorization is necessary to accomplish the
return of the consume r to the facility, such authority is hereby
vested in the judge of the district court in the county where the
consumer is located. Upon receipt of notice that the consumer needs
to be returned to the facility, the judge shall cause the consumer to
be brought before the court by issuance of a citation directed to the
consumer to appear and show cause why the consumer should not be
returned to the facility. The judge shall, if clear and convincing
evidence is presented by testimony under oath that the consu mer
should be returned to the facility, enter an order returning the
consumer. If there is a lack of cle ar and convincing evidence
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showing the necessity of such return, the consumer shall immediately
be released. Law enforcement officers are authorized t o take into
custody, detain and transport a consumer pursuant to a citation or an
order of the judge of the district court.
H. I. An attending physician of any consumer admitted to a
private facility may discharge a consumer or permit the consumer to
leave the facility subject to the same provisions applicable to the
discharge or release of a consumer by the person in charge of a state
facility.
SECTION 5. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY , dated
04/17/2025 – DO PASS.