Okla. Stat. tit. 22, § 22-1175.1: Definitions
Where this section sits in the code
- OK Code
- Title 22
As used in Sections 1175.1 through 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 nature
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
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 experience,
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 professional 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 intellectual 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 defendant to
competency shall not be used in the calculation of a reasonable
period of time.
Collected 2026-09-14T18:32:36Z. Source file · JSON