Okla. Stat. tit. 10A, § 10A-2-2-401.3: Motion for determination of competency - Competency

evaluation.

A. When the district attorney or the child's attorney has

reasonable basis to believe that a child is incompetent to proceed

in the delinquency or youthful offender proceeding, the party shall

file a motion for determination of competency. The motion shall

state that the child is incompetent to proceed and shall state facts

sufficient to set forth the reasonable basis to conduct a competency

evaluation. If the court raises the issue sua sponte, the court by

written order shall set forth the reasonable basis that the child is

incompetent to proceed.

B. Within five (5) judicial days after the motion is made, the

court shall make one of the following determinations:

1. That the child is incompetent pursuant to subsection B of

Section 2-2-401.2 of this title; or

2. Without conducting a hearing, that there exists a reasonable

basis to conduct a competency evaluation; or

3. To schedule a hearing to determine whether there exists a

reasonable basis to conduct a competency evaluation. Such hearing

shall be held within ten (10) judicial days. The court's

determination shall be announced no later than one (1) judicial day

after the conclusion of the hearing.

C. If the court determines there is a reasonable basis for a

competency evaluation or if the district attorney and the child's

attorney agree to the evaluation, the court shall order a competency

evaluation. If the court orders a competency evaluation, the court

shall order that the competency evaluation be conducted in the

least-restrictive environment, taking into account the public safety

and the best interests of the child.

1. The court shall provide in its order that the evaluator

shall have access to all relevant confidential and public records

related to the child, including competency evaluations and reports

conducted in prior delinquent or youthful offender proceedings. The

court shall provide to the evaluator a copy of the delinquency

petition or youthful offender information and the names and contact

information for the judge, district attorney, child's attorney, and

parents or legal guardians.

2. Within five (5) judicial days after the court orders an

evaluation, the district attorney shall deliver to the evaluator

copies of relevant police reports and other background information

relevant to the child that are in the district attorney's

possession.

3. Within five (5) judicial days after the court orders an

evaluation, the child's attorney shall deliver to the evaluator

copies of relevant police reports and other relevant records

including, but not limited to, educational, medical, psychological,

and neurological records that are relevant to the evaluation and

that are in the attorney's possession.