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§ 1175.5. Questions to be answered in determining competency

Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 1, 2019

Oklahoma Statutes Annotated
Title 22. Criminal Procedure (Refs & Annos)
Chapter 22. Insanity of Accused
Determination of Competency--Procedure (Refs & Annos)
Effective: November 1, 2019
22 Okl.St.Ann. § 1175.5
§ 1175.5. Questions to be answered in determining competency
Currentness
The jury or the court, as the case may be, shall answer the following questions in determining the disposition of the person whose competency is in question:
1. Is the person incompetent to undergo further criminal proceedings at this time? If the answer is no, criminal proceedings shall be resumed. If the answer is yes, the following questions shall be answered.
2. Can the incompetency of the person be corrected within a reasonable period of time, as defined by Section 1175.1 of this title, through treatment, therapy or training?
3. Is the person incompetent because the person is intellectually disabled as defined in Section 1408 of Title 10 of the Oklahoma Statutes?
4. Is the person incompetent because the person is a person requiring treatment as defined by Section 1-103 of Title 43A of the Oklahoma Statutes?
5. If the answers to questions 3 and 4 are no, why is the defendant incompetent?
6. Is the person presently dangerous as defined in Section 1175.1 of this title if released?

Credits

Laws 1980, c. 336, § 5, emerg. eff. June 25, 1980; Laws 2000, c. 421, § 6, eff. Nov. 1, 2000; Laws 2004, c. 106, § 4, eff. April 1, 2005; Laws 2019, c. 475, § 22, eff. Nov. 1, 2019.
22 Okl. St. Ann. § 1175.5, OK ST T. 22 § 1175.5
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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