Okla. Stat. tit. 22, § 22-1175.6b: Incompetence due to intellectual disability -

Suspension of criminal proceedings - Placement - Conditional

release.

A. If the person is found to be incompetent primarily because

the person is intellectually disabled as defined in Section 1408 of

Title 10 of the Oklahoma Statutes and is also found by the court to

be dangerous as defined by Section 1175.1 of this title, the court

shall suspend the criminal proceedings and place the person into the

custody of the Office of Public Guardian. The Office of Public

Guardian shall act with all powers set forth in the Oklahoma Public

Guardianship Act, and:

1. The Office of Public Guardian shall place any person placed

in its custody under this title in a facility or residential

setting, private or public, willing to accept the individual and

that has a level of supervision and security that is appropriate to

the needs of the person;

2. Such placements shall be within the sole discretion of the

Office of Public Guardian;

3. All such placements made by the Office of Public Guardian

shall be made within six (6) months of the date of the order

awarding custody to the Office of Public Guardian;

4. The Office of Public Guardian shall report to the court at

least every six (6) months as to the status of the person including,

but not limited to, the type of placement, services provided, level

of supervision, the medical and psychological health of the person,

whether the person would be dangerous if conditionally released into

a nonsecure environment, the assistance and services that would be

required for such conditional release and whether the person has

achieved competency;

5. If the person is determined by the Office of Public Guardian

to have regained competency or that conditional release to a private

guardian or other caretaker is appropriate, a hearing shall be

scheduled within twenty (20) days. If found competent by the court

or a jury after such rehearing, criminal proceedings shall be

resumed. If the court finds conditional release to be appropriate,

the court shall make an appropriate order for conditional release;

and

6. The provisions of subsections C, H and I of Section 6-101 of

Title 30 of the Oklahoma Statutes shall not apply to custody orders

arising under this title.

B. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes and is found to

be not dangerous as defined by Section 1175.1 of this title, the

court shall suspend the criminal proceedings and either refer the

person to the Department of Human Services for consideration of

voluntary assistance or conditionally release the person as set

forth in this section.

1. For any person recommended for conditional release, a

written plan for services shall be prepared by the Department of

Human Services and filed with the court. In its order of

conditional release, the court shall specify the conditions of

release and shall direct the appropriate agencies or persons to

submit annual reports regarding the person’s compliance with the

conditions of release and progress:

a. to be eligible for conditional release, the person

shall agree, in writing, that during the period the

person is granted conditional release and is subject

to the provisions thereof, there shall be free

transmission of all pertinent information, including

clinical information regarding the person, among the

person’s treatment providers, the appropriate district

attorneys, law enforcement and court personnel. To

effect this agreement, the person shall execute any

releases required by law to allow for the

dissemination of this information,

b. the court’s order placing the person on conditional

release shall include notice that the person’s

conditional release may be revoked upon good cause,

the

person’s treatment providers, the appropriate district

attorneys, law enforcement and court personnel. To

effect this agreement, the person shall execute any

releases required by law to allow for the

dissemination of this information,

b. the court’s order placing the person on conditional

release shall include notice that the person’s

conditional release may be revoked upon good cause,

c. the district attorney, as well as any agency or

individual involved in providing services with regard

to the person’s conditional release, may prepare and

file an affidavit under oath if the district attorney,

agency, or individual believes that the person has

failed to comply with the conditions of release. The

court shall then conduct a hearing to determine if the

person has violated the conditions of release. Notice

of the hearing shall be issued, at least twenty-four

(24) hours before the hearing, to the Department of

Human Services, the person, trial counsel for the

person, and the client advocate general of the

Department of Human Services. After reviewing the

evidence concerning any alleged violation of the

conditions of the release, the person’s progress,

treatment alternatives, and the need for public

safety, the court may order no change to the

conditions for the person’s release or modify the

conditions of release, and

d. the person placed on conditional release shall remain

in a conditional release status until the reviewing

court issues a full release from all conditions.

2. If the person is determined by the Department of Human

Services to have regained competency, a hearing shall be scheduled

within twenty (20) days:

a. if found competent by the court or a jury after such

rehearing, criminal proceedings shall be resumed,

b. if the person is found to continue to be incompetent,

the person shall be returned to either conditional

release or referred to the Department of Human

Services for consideration of voluntary assistance.

C. The Office of Public Guardian shall have standing to

participate in any proceeding held pursuant to this section as

deemed necessary by the Office.