§ 1175.3. Hearing--Date--Evidence--Orders--Examination of accused--Instructions to physician
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 1, 2019
Effective: November 1, 2019
22 Okl.St.Ann. § 1175.3
§ 1175.3. Hearing--Date--Evidence--Orders--Examination of accused--Instructions to physician
B. The court shall hold a hearing on the date provided. At the hearing, the court shall examine the application for determination of competency to determine if it alleges facts sufficient to raise a doubt as to the competency of the person. Any additional evidence tending to create a doubt as to the competency of the person may be presented at this hearing.
b. In addition, the Developmental Disabilities Services Division of the Department of Human Services shall receive written notice from the district attorney who filed the criminal petition, and be authorized by order of the court to have a psychologist or other appropriate clinician participate with professionals assigned by any other public or private agency in any competency evaluation wherein developmental or intellectual disability may be involved. The psychologist or clinician employed, by contract or otherwise, by the Department of Human Services may issue a separate opinion and recommendation to the court.
3. If the court determines that the person whose competency is in question may be dangerous as defined in Section 1175.1 of this title, it shall order the person retained in a secure facility until the completion of the competency hearing provided in Section 1175.4 of this title. If the court determines the person may be dangerous as defined in Section 1175.1 of this title because the individual is a person requiring treatment as defined in Section 1-103 of Title 43A of the Oklahoma Statutes, it may commit the person to the custody of the Department of Mental Health and Substance Abuse Services or any other state agency or private facility for the examination required by this subsection. The person shall be required to undergo examination for a period of time sufficient for the qualified forensic examiner(s) to reach a conclusion as to competency, and the court shall impose a reasonable time limitation for such period of examination.
3. If the person is unable to appreciate the nature of the charges or to consult and rationally assist in the preparation of the defense, whether the person can attain competency within a reasonable period of time as defined in Section 1175.1 of this title if provided with a course of treatment, therapy or training;
F. Upon completion of the competency evaluation, the Department of Mental Health and Substance Abuse Services or qualified forensic examiner designated by the Department to perform competency examinations shall notify the court of its findings. If the person is in the custody of the Department of Mental Health and Substance Abuse Services, the person shall be returned to the court in the customary manner within five (5) business days. If the person is not returned within that time, the county in which the proceedings are to be held shall pay the costs of maintaining the person at the institution or facility for the period of time the person remains at the institution or facility in excess of the five-day period.
Credits
Laws 1980, c. 336, § 3, emerg. eff. June 25, 1980; Laws 1990, c. 51, § 17, emerg. eff. April 9, 1990; Laws 1993, c. 323, § 1, emerg. eff. June 7, 1993; Laws 1997, c. 407, § 5, eff. Nov. 1, 1997; Laws 2000, c. 421, § 4, eff. Nov. 1, 2000; Laws 2004, c. 106, § 3, eff. April 1, 2005; Laws 2015, c. 300, § 1, emerg. eff. May 11, 2015; Laws 2019, c. 475, § 21, eff. Nov. 1, 2019.
22 Okl. St. Ann. § 1175.3, OK ST T. 22 § 1175.3
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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