Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB497 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31-STATE OF OKLAHOMA
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33-1st Session of the 60th Legislature (2025)
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3528 ENGROSSED SENATE
3629 BILL NO. 497 By: Weaver of the Senate
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3831 and
3932
4033 Turner of the House
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4538 An Act relating to criminal procedure; amending 22
4639 O.S. 2021, Section 1161, which relates to acts
4740 committed by persons with mental illness or mental
4841 defect; requiring Forensic Review Board to provide
4942 certain notice to district attorney; updating
5043 statutory language; and providing an effective date .
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5548 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5649 SECTION 1. AMENDATORY 22 O.S. 2021, Sec tion 1161, is
5750 amended to read as follows:
5851 Section 1161. A. 1. An act committed by a person in a state
5952 of mental illness or mental defect shall be adjudicated as guilty
6053 with mental defect or as not guilty by reason of mental illness.
6154 2. If a person is f ound guilty with mental defect or enters a
6255 plea of guilty with mental defect which is accepted by the court,
6356 the court at the time o f sentencing shall impose any sentence that
6457 could be imposed by law upon a person who is convicted of the same
58+offense, and the person shall serve the sentence in custody of a
59+county jail or the Oklahoma Department of Corrections.
60+3. If a person who is found guilty with mental defect is placed
61+on probation under the jurisdiction of the sentencing court as
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92-offense, and the person shall serve the sentence in custody of a
93-county jail or the Oklahoma Department of Corrections.
94-3. If a person who is found guilty with men tal defect is placed
95-on probation under the jurisdiction of the sentencing court as
9688 provided by law, the court shall immediately issue an order for the
9789 person to be examined by the Department of Mental Health and
9890 Substance Abuse Services . The time and place of such examination
9991 shall be determined by the Department. Within forty -five (45) days,
10092 the Department shall provide to the court a recommendation of
10193 treatment for the person, which shall be made a condition of
10294 probation. Reports as specified by the trial judge shall be filed
10395 with the probation officer and the sentencing court. Failure to
10496 continue treatment, except by agreement with the treating agency and
10597 the sentencing court, is grounds for revocation of probation.
10698 Treatment shall be provided by an agency of the Department or, with
10799 the approval of the sentencing court and at the expense of the
108100 person, by private agencies, private physicians or other mental
109101 health personnel. A psychiatric report shall be filed with the
110102 probation officer and the sentencing court every six (6) months
111103 during the period of probation.
112104 4. When in any criminal action by indi ctment or information,
113105 the defense of mental illness is raised, but the defendant is not
114106 acquitted on the ground that the defendant was mentally ill at the
115107 time of the commission of the crime charged, an issue concerning
108+such defense may be raised on appea l. If the appellate court finds
109+relief is required, the appellate court shall not have authority to
110+modify the judgment or sentence , but will only have the authority to
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143-such defense may be raised on appea l. If the appellate court finds
144-relief is required, the appellate court shall not have authority to
145-modify the judgment or sentence , but will only have the authority to
146137 order a new trial or order resentencing without recommendations to
147138 sentencing.
148139 5. When in any criminal action by indictment or information the
149140 defense of mental illness is interposed either singly or in
150141 conjunction with some other defense, the jury shall state in the
151142 verdict, if it is one of acquittal, whether or not the defendant is
152143 acquitted on the ground of mental illness. When the defendant is
153144 acquitted on the ground that the defendant was mentally ill at the
154145 time of the commission of the crime charged, the person shall not be
155146 discharged from custody until the court has made a determin ation
156147 that the person is not dangerous to the public peace and safety and
157148 is a person requiring treatment.
158149 B. 1. To assist the cou rt in its determination, the court
159150 shall immediately issue an order for the person to be examined by
160151 the Department of Menta l Health and Substance Abuse Services at a
161152 facility the Department has designated to examine and treat forensic
162153 individuals. Upon the issuance of the order, the sheriff shall
163154 deliver the person to the designated facility.
164155 2. Within forty-five (45) days of the court entering such an
165156 order, a hearing shall be conducted by the court to ascertain
166157 whether the person is dangerous to the pu blic peace or safety
158+because the person is a person requiring treatment or, if not, is in
159+need of continued supervision as a result of unresolved symptoms of
160+mental illness or a history of treatment noncompliance. During the
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194-because the person is a person requiring treatment or, if not, is in
195-need of continued supervision as a result of unresolved symptoms of
196-mental illness or a history of treatment noncompliance. During the
197187 required period of hospitalization , the Department of Mental Health
198188 and Substance Abuse Services shall have the person examined by two
199189 qualified psychiatrists or one such psychiatrist and one qualified
200190 clinical psychologist whose training and experience enable the
201191 professional to form expert opinions regarding mental illness,
202192 competency, dangerousness and criminal responsibility.
203193 C. 1. Each examiner shall , within thirty-five (35) days of
204194 hospitalization, individually prepare and submit to the court, the
205195 district attorney and the trial counsel of the person a report of
206196 the psychiatric examination findings of the person and an evaluation
207197 concerning whether t he person is dangerous to the public peace or
208198 safety.
209199 2. If the court is dissatisfied with the reports or if a
210200 disagreement on the issue of mental illness and dangerousness exists
211201 between the two examiners, the court may designate one or more
212202 additional examiners and have them submit their findings and
213203 evaluations as specified in paragraph 1 of this subsection.
214204 3. a. Within ten (10) days after the reports are filed, the
215205 court must conduct a hearing to determine the present
216206 condition of the person as to the issue of whether:
207+(1) the person is dangerous to the public peace or
208+safety because the person is a person requiring
209+treatment, or
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244-(1) the person is dangerous to the public peace or
245-safety because the person is a person requiring
246-treatment, or
247236 (2) if not believed to be dangerous to the public
248237 peace or safety, the person is in need of
249238 continued supervision as a resul t of unresolved
250239 symptoms of mental illness or a history of
251240 treatment noncompliance.
252241 b. The district attorney must establish the foregoing by
253242 a preponderance of the evidence. At this hearing the
254243 person shall have the assistance of counsel and may
255244 present independent evidence.
256245 D. 1. If the court finds that the person is not dangerous to
257246 the public peace or safety because the person is a person requiring
258247 treatment and is not in need of continued supervision as a result of
259248 unresolved symptoms of mental illne ss or a history of treatment
260249 noncompliance, it shall immediately discharge the person from
261250 hospitalization.
262251 2. If the court finds that the person is dangerous to the
263252 public peace and safety, it shall commit the person to the custody
264253 of the Department of M ental Health and Substance Abuse Services.
265254 The person shall then be subject to discharge pursuant to the
266255 procedure set forth in thi s section.
256+a. During the period of hospitalization, the Department
257+of Mental Health and Substance Abuse Services may
258+administer or cause to be administered to the person
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294-a. During the period of hospitalization, the Department
295-of Mental Health and Substance Abuse Services may
296-administer or cause to be administered to the person
297285 such psychiatric, medical or other therapeutic
298286 treatment as in its judgment should be administered.
299287 b. The person shall be subject to discharge or
300288 conditional release pursuant to the procedures set
301289 forth in this section.
302290 E. If at any time the court finds the person is not dangerous
303291 to the public peace or safety because the person is a pers on
304292 requiring treatment, but is in need of continued supervision as a
305293 result of unresolved symptoms of mental illness or a hi story of
306294 treatment noncompliance, the court may:
307295 1. Discharge the person pursuant to the procedure set forth in
308296 this section;
309297 2. Discharge the person, and upon the motion of the court or
310298 the district attorney commence civil involuntary commitment
311299 proceedings against the person pursuant to the provisions of Title
312300 43A of the Oklahoma Statutes; or
313301 3. Order conditional release, as set f orth in subsection F of
314302 this section.
315303 F. There is hereby created a Forensic Review Board to be
316304 composed of seven (7) member s appointed by the Governor with the
317305 advice and consent of the Senate. The Board members shall serve for
306+a term of five (5) years except that for members first appointed to
307+the Board: one shall serve for a term ending December 31, 2008, two
308+shall serve for a term ending December 31, 2009, two shall serve a
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345-a term of five (5) years except that for memb ers first appointed to
346-the Board: one shall serve for a term ending December 31, 2008, two
347-shall serve for a term ending December 31, 2009, two shall serve a
348335 term ending December 31, 2010, and two shall serve for a term ending
349336 December 31, 2011.
350337 1. The Board shall be composed of:
351338 a. four licensed mental health professionals with
352339 experience in treating menta l illness, at least one of
353340 whom is licensed as a Doctor of Medicine, a Doctor of
354341 Osteopathy, or a licensed clinical psychologist and
355342 shall be appointed from a list of seven names
356343 submitted to the Governor by the Department of Mental
357344 Health and Substance Ab use Services,
358345 b. one member who shall be an attorney licensed to
359346 practice in this state and shall be appointed from a
360347 list of not less than three names submitted to the
361348 Governor by the Board of Governors of the Oklahoma Bar
362349 Association,
363350 c. one member who shall be a retired judge licensed to
364351 practice in this state and shall be appointed from a
365352 list of not less than three names submitted to the
366353 Governor by the Judicial Nominating Committee, and
367354 d. one at-large member.
355+The attorney and retired judge members of the Board shall be
356+prohibited from representing in the courts of this state persons
357+charged with felony offenses while serving on t he Board.
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395-The attorney and retired judge members of the Board shall be
396-prohibited from representing in the courts of this state persons
397-charged with felony offenses while serving on the Board.
398384 2. The Board shall meet as necessary to determine which
399385 individuals confined with the Department of Mental Health and
400386 Substance Abuse Services are eligible for therapeutic visits,
401387 conditional release or discharge and whether the Board wishes to
402388 make such a recommendation to the court of the county where the
403389 individual was found not guilty by reason of insanity or not guilty
404390 by reason of mental illness for those persons adjudicated as such
405391 upon or after November 1, 2016.
406392 a. Forensic Review Board m eetings shall not be considered
407393 subject to the Oklahoma Open Meeting Act and are not
408394 open to the public. Other than the For ensic Review
409395 Board members, only the following individuals shall be
410396 permitted to attend Board meetings:
411397 (1) the individual the Board is considering for
412398 therapeutic visits, conditional release or
413399 discharge, his or her treatment advocate, and
414400 members of his or her treatment team,
415401 (2) the Commissioner of Mental Health and Substance
416402 Abuse Services or designee,
417403 (3) the Advocate General for the Department of Mental
418404 Health and Substance Abuse Services or designee,
405+(4) the General Counsel for the Department of Ment al
406+Health and Substance Abuse Services or designee,
407+and
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446-(4) the General Counsel for the Department of Ment al
447-Health and Substance Abuse Services or designee,
448-and
449434 (5) any other persons the Board and Commissioner of
450435 Mental Health and Substance Abuse Services wish
451436 to be present.
452437 b. The Department of Mental Health and Substance Abuse
453438 Services shall provide adminis trative staff to the
454439 Board to take minutes of meetings and prepare
455440 necessary documents and correspondence for the Board
456441 to comply with its duties as set forth in this
457442 section. The Department of Mental Health and
458443 Substance Abuse Services shall also transpo rt the
459444 individuals being reviewed to and from the Board
460445 meeting site.
461446 c. The Board shall provide notice to the district
462447 attorney of the county where the individual was found
463448 not guilty by reason of mental illness at least forty-
464449 five (45) days before meeting to determine eligibility
465450 for therapeutic visits, conditional release, or
466451 discharge.
467452 d. The Board shall promulgate rules concerning the
468453 granting and structure of therapeutic visits,
469454 conditional releases and discharge.
455+d. e. For purposes of this subsection , “therapeutic visit”
456+means a scheduled time period off campus which
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497-d. e. For purposes of this subsection , “therapeutic visit”
498-means a scheduled time period off campus which
499483 provides for progressive tests of the ability of the
500484 consumer to maintain and demonstrate coping skills.
501485 3. The Forensic Review Board shall submit any recommendation
502486 for therapeutic visi t, conditional release or discharge to the court
503487 and district attorney of the county where the person was found not
504488 guilty by reason of mental illness, the trial counsel of the person,
505489 the Department of Mental Health and Substance Abuse Services and the
506490 person at least fourteen (14) days prior to the scheduled visit.
507491 a. The district attorney may file an objection to a
508492 recommendation for a therapeutic visit within ten (10)
509493 days of receipt of the notice.
510494 b. If an objection is filed, the therapeutic visit is
511495 stayed until a hearing is held. The court shall hold
512496 a hearing not less than ten (10) days following an
513497 objection to determine wheth er the therapeutic visit
514498 is necessary for treatment, and if necessary, the
515499 nature and extent of the visit.
516500 4. During the period of hospitalization , the Department of
517501 Mental Health and Substance Abuse Services shall submit an annual
518502 report on the status of the person to the court, the district
519503 attorney and the patient advocate general of the Department of
520504 Mental Health and Subs tance Abuse Services.
505+G. Upon motion by the district attorney or upon a
506+recommendation for conditional release or discharge by the Forensic
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548-G. Upon motion by the district attorney or upon a
549-recommendation for conditional release or discharge by the Forensic
550533 Review Board, the court shall conduct a hearing to ascertain if the
551534 person is dangerous and a person requiring trea tment. This hearing
552535 shall be conducted under the same procedure as the first hearing and
553536 must occur not less than ten (10) days following the motion or
554537 request by the Forensic Review Board.
555538 1. If the court determines that the person continues to be
556539 dangerous to the public peace and safety because the person is a
557540 person requiring treatment, it shall order the return of the person
558541 to the hospital for additional treatment.
559542 2. If the court determines that the person is not dangerous but
560543 subject to certain co nditions, the court may conditionally release
561544 the person subject to the following:
562545 a. the Forensic Review Board has made a recommendation
563546 for conditional release, including a written plan for
564547 outpatient treatment and a list of recommendations for
565548 the court to place as conditions on the release,
566549 b. in its order of conditional release, the court shall
567550 specify conditions of release and sh all direct the
568551 appropriate agencies or persons to submit annual
569552 reports regarding the compliance of the person with
570553 the conditions of release and progress in treatment,
554+c. the person must agree, in writing, that during the
555+period the person is granted conditional release and
556+is subject to the provisions thereof, there shall be
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598-c. the person must agree, in writing, that during the
599-period the person is granted conditional release and
600-is subject to the provisions thereof, there shall be
601583 free transmission of all pertinent information,
602584 including clinical information regarding the person,
603585 among the Department of Mental Health and Substance
604586 Abuse Services, the appropriat e community mental
605587 health centers and the appropriate district attorneys,
606588 law enforcement and court personnel,
607589 d. the order of the court placing the person on
608590 conditional release shall include notice that the
609591 conditional release of the person may be revoked upon
610592 good cause. The person placed on conditional release
611593 shall remain under the supervision of the Department
612594 of Mental Health and Substance Abuse Services until
613595 the committing court enters a final discharge order.
614596 The Department of Mental Health and Substance Abuse
615597 Services shall assess the person placed on conditional
616598 release annually and shall have the authority to
617599 recommend discharge of the person to the Board, and
618600 e. any agency or individual involved in providing
619601 treatment with regard to the conditional release plan
620602 of the person may prepare and file an affidavit under
621603 oath if the agency or individual believes that the
604+person has failed to comply with the conditions of
605+release or that such person has progressed to the
606+point that inpatient care is a ppropriate.
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649-person has failed to comply with the conditions of
650-release or that such person has progressed to the
651-point that inpatient care is appropriate.
652633 (1) Any peace officer who receives such an affidavit
653634 shall take the person into protective custody and
654635 return the person to the forensic unit of the
655636 state hospital.
656637 (2) A hearing shall be conducted within three (3)
657638 days, excluding holidays and weekends, after the
658639 person is returned to the forensic unit of the
659640 state hospital to determine if the person has
660641 violated the conditions of release, or if full -
661642 time hospitalization is the least restrictive
662643 alternative consistent with the needs of the
663644 person and the need for public safety. Notice of
664645 the hearing shall be issued, at least twenty -four
665646 (24) hours before the hearing , to the hospital
666647 superintendent, the person, trial counsel for the
667648 person, and the patient advocate general of the
668649 Department of Mental Health and Substance Abuse
669650 Services. If the person requires hospitalization
670651 because of a violation of the conditions o f
671652 release or because of progression to the point
653+that inpatient care is appropriate, the court may
654+then modify the conditions of rel ease.
655+3. If the court determines that the person is not dangerous to
656+the public peace or safety because the person is not a person
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699-that inpatient care is appropriate, the court may
700-then modify the conditions of release.
701-3. If the court determines that the person is not dangerous to
702-the public peace or safety because the person is not a person
703683 requiring treatment, it shall order that the person be discharged
704684 from the custody of the Department of Mental Health and Substance
705685 Abuse Services.
706686 H. As used in this section:
707687 1. “Antisocial personality disorder ” means antisocial
708688 personality disorder as defined by the Diagnostic and Statistical
709689 Manual of Mental Disorders, 5th Edition (DSM -5), or subsequent
710690 editions;
711691 2. “Court” or “sentencing court” means the court sitting in the
712692 county where the person has been found to be not guilty by reason of
713693 mental illness or guilty with mental defect;
714694 3. “Dangerous” means a person who because of mental illness
715695 poses a substantial risk of physical harm in the near future to
716696 another person or persons. Dangerousness shall be determined by
717697 such factors as whet her the person has placed another person or
718698 persons in a reasonable fear of violent behavior, and medication and
719699 treatment compliance;
720700 4. “Guilty with mental defect ” means the person committed the
721701 act and was either unable to understand the nature and con sequences
722702 of his or her actions or was unable to differentiate right from
703+wrong, and has been diagnosed with antisocial personality disorder
704+which substantially contributed to the act for which the person has
705+been charged;
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750-wrong, and has been diagnosed with antisocial personality disorder
751-which substantially contributed to the act for which the person has
752-been charged;
753732 5. “Mental defect” means the person has been diagnosed with
754733 antisocial personality disorder which substantially contributed to
755734 the act for which the person has been charged;
756735 6. “Mental illness” means a substantial disorder of thought,
757736 mood, perception, psychological orientation or memor y that
758737 significantly impairs judgment, behavior, capacity to recognize
759738 reality or ability to meet the ordinary demands of life;
760739 7. “Not guilty by reason of mental illness ” means the person
761740 committed the act while mentally ill and was either unable to
762741 understand the nature and consequences of his or her actions or was
763742 unable to differentiate right from wrong, and has not been diagnosed
764743 with antisocial personality disorder which substantially contributed
765744 to the act for which the person has been charged; and
766745 8. a. “Person requiring treatment ” means a person who
767746 because of mental illness:
768747 (1) poses a substantial risk of physical harm to self
769748 as manifested by evidence or serious threats of
770749 or attempts at suicide or other significant self -
771750 inflicted bodily harm,
772751 (2) poses a substantial risk of physical harm to
773752 another person or persons as manifested by
753+evidence of violent behavior directed tow ard
754+another person or persons,
774755
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801-evidence of violent behavior directed toward
802-another person or persons,
803781 (3) has placed another person or persons in
804782 reasonable fear of serious physical harm or
805783 violent behavior directed toward such person or
806784 persons as manifested by serious and immediate
807785 threats,
808786 (4) is in a condition of severe deterioration such
809787 that, without immediate intervention, there
810788 exists a substantial risk that severe impairment
811789 or injury will result to the person, or
812790 (5) poses a substantial risk of serious physical
813791 injury to self or death as manifested by evidence
814792 that the person is unable to provide for and is
815793 not providing for his or her basic physical
816794 needs.
817795 b. The mental health or substan ce abuse history of the
818796 person may be used as part of the evidence to
819797 determine whether the person is a person requiring
820798 treatment. The mental health or substance abuse
821799 history of the person shall not be the sole basis for
822800 this determination.
801+c. Unless a person also meets the criteria established in
802+subparagraph a of this paragraph, “person requiring
803+treatment” shall not mean:
823804
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850-c. Unless a person also meets the criteria established in
851-subparagraph a of this paragraph, “person requiring
852-treatment” shall not mean:
853830 (1) a person whose mental processes have been
854831 weakened or impaired by reason of advanced years,
855832 dementia or Alzheimer ’s disease,
856833 (2) a person with intellectual or developmental
857834 disability as defined in Title 10 of the Oklahoma
858835 Statutes,
859836 (3) a person with seizure disorder, or
860837 (4) a person with a traumatic brain injury.
861838 I. Proceedings hereunder may be held in conformance with the
862839 provisions of Section 3006 of Title 20 of the Oklahoma Statutes for
863840 allowable use of videoconferencing.
864841 SECTION 2. This act shall become effective November 1, 2025.
842+Passed the Senate the 10th day of March, 2025.
865843
866-COMMITTEE REPORT BY: OVERSIGHT COMMITTEE ON JUDICIARY AND PUBLIC
867-SAFETY, dated - 04/17/2025 – DO PASS.
844+
845+
846+ Presiding Officer of the Se nate
847+
848+
849+Passed the House of Representatives the ____ day of __________,
850+2025.
851+
852+
853+
854+ Presiding Officer of the House
855+ of Representatives
856+