{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1005.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1005.1","heading":"Mentally incompetent to be executed – Motion – Hearing","body":"- Examination.\n\nA. For purposes of this act, \"mentally incompetent to be\n\nexecuted\" means that because of a mental condition the person is\n\npresently unable to have a rational understanding:\n\n1. Of the reason he or she is being executed; and\n\n2. That he or she is to be executed and that execution is\n\nimminent.\n\nB. There shall be a presumption that a person who has received\n\na judgment of death is mentally competent to be executed.\n\nC. If, after the Attorney General files a motion to set an\n\nexecution date, the attorney for the person has good reason to\n\nbelieve that the person may be mentally incompetent to be executed,\n\nthe attorney may file a motion in the Court of Criminal Appeals\n\nsetting forth the facts giving rise to the belief that the person\n\nmay be mentally incompetent to be executed and requesting the court\n\nto order that the person be examined for mental competency to be\n\nexecuted.\n\nD. A motion alleging that a person is mentally incompetent to\n\nbe executed shall be filed initially when filing a written response\n\nto the motion of the Attorney General to set an execution date. The\n\nperson shall have seven (7) days from the filing of the motion of\n\nthe Attorney General to file a response and raise the issue of\n\nmental incompetency.\n\nE. A motion alleging that a person is mentally incompetent to\n\nbe executed shall identify the proceeding in which the person was\n\nconvicted and shall clearly set forth alleged facts in support of\n\nthe assertion that the person is presently mentally incompetent to\n\nbe executed. The person shall attach affidavits, records, or other\n\nevidence supporting such allegations or shall state a reason for\n\nwhich such items are not attached. The person shall identify any\n\nprevious proceeding in which the person challenged his or her\n\ncompetency in relation to the conviction and judgment of death\n\nincluding any challenge to the competency of the person to be\n\nexecuted, competency to stand trial, or sanity at the time of the\n\noffense.\n\nF. In the order of the Court of Criminal Appeals setting the\n\nexecution date, the Court shall remand the issue of mental\n\ncompetency to be executed to the trial court where the person was\n\noriginally tried and sentenced. Mental competency of a person to be\n\nexecuted shall not be considered unless and until an execution date\n\nhas been scheduled.\n\nG. In addition to the authority set forth in subsection C of\n\nSection 1001.1 of this title, the Court of Criminal Appeals may\n\nissue stays of execution as necessary to permit inquiry into the\n\nmental competency of the person to be executed.\n\nH. On receipt of the remand, the trial court shall hold an\n\nevidentiary hearing to determine whether the person has raised a\n\nsubstantial doubt as to the competency of the person to be executed.\n\nUnless the Court of Criminal Appeals issues a stay of execution, the\n\nhearing shall be held and a decision shall be rendered before the\n\nscheduled execution date of the person. The Attorney General shall\n\nrepresent the state at the evidentiary hearing. If the trial court\n\ndetermines the person has failed to make a substantial showing that\n\nhe or she is mentally incompetent to be executed, the court shall\n\ndeny the motion and the execution shall proceed. If the trial court\n\ndetermines the person has made a substantial showing that he or she\n\nis mentally incompetent to be executed, the trial court shall order\n\nan examination of the person by the Department of Mental Health and\n\nSubstance Abuse Services or by a qualified forensic examiner\n\ndesignated by the Department of Mental Health and Substance Abuse\n\nServices. By filing the motion, the person shall be deemed to\n\nconsent to submit to an examination as required by this section for\n\nthe purpose of assessment of mental competency to be executed. In\n\naddition, the person waives any claim of privilege with respect to,\n\nand consents to the release of, all mental health and medical\ner\n\ndesignated by the Department of Mental Health and Substance Abuse\n\nServices. By filing the motion, the person shall be deemed to\n\nconsent to submit to an examination as required by this section for\n\nthe purpose of assessment of mental competency to be executed. In\n\naddition, the person waives any claim of privilege with respect to,\n\nand consents to the release of, all mental health and medical\n\nrecords relevant to whether the person is mentally incompetent to be\n\nexecuted. If the person refuses to be examined by the expert of the\n\nstate, the trial court shall not consider any expert evidence\n\noffered by the person concerning his or her competency.\n\nI. The qualified forensic examiner or examiners shall receive\n\ninstructions to examine the person to determine whether the person\n\nhas a rational understanding:\n\n1. Of the reason he or she is being executed; and\n\n2. That he or she is to be executed and that execution is\n\nimminent.\n\nJ. Within a time ordered by the trial court not to exceed\n\nforty-five (45) days, the qualified forensic examiner or examiners\n\nshall provide copies of their reports to the attorney representing\n\nthe state, the attorney representing the person, and the trial\n\ncourt.\n\nK. After all examinations are complete, the trial court shall\n\nconduct a hearing within thirty (30) days to determine whether the\n\nperson is mentally competent to be executed. The person shall\n\novercome the presumption that he or she is competent to be executed\n\nby a preponderance of the evidence.\n\nL. If the trial court finds that the person is competent to be\n\nexecuted, the warden shall proceed to execute the judgment as\n\ncertified in the warrant. If the prior execution date has expired\n\nor the Court of Criminal Appeals has issued a stay, a new execution\n\ndate shall be set as provided in subsection F of Section 1001.1 of\n\nthis title.\n\nM. If the trial court finds that the person is mentally\n\nincompetent to be executed, the following procedures shall be\n\nfollowed:\n\n1. The trial court shall issue notice to the Court of Criminal\n\nAppeals of such findings at which time the Court of Criminal Appeals\n\nshall issue a stay of execution if one has not already been entered.\n\n2. The trial court shall also order the Department of Mental\n\nHealth and Substance Abuse Services to determine through\n\nconsultation with the Department of Corrections, the place for the\n\nperson to be held for safe confinement until his or her competency\n\nis restored.\n\n3. The trial court shall further order the Department of Mental\n\nHealth and Substance Abuse Services to provide treatment, therapy,\n\nor training for the person to achieve competency. The Department of\n\nMental Health and Substance Abuse Services may designate an entity\n\nwith qualified personnel to provide competency restoration services\n\non behalf of the Department. Competency restoration services shall\n\nbegin within no more than thirty (30) days after the order issued by\n\nthe trial court.\n\n4. The Department of Mental Health and Substance Abuse\n\nServices, or a qualified forensic examiner designated by the\n\nDepartment, shall reevaluate the mental competency of the person to\n\nbe executed no more than four (4) months after competency\n\nrestoration services have commenced. A copy of the report following\n\nreevaluation shall be provided to the attorney representing the\n\nstate, the attorney representing the person, and the trial court.\n\nIf the qualified forensic examiner finds the person to be mentally\n\ncompetent to be executed, the trial court shall hold a hearing to\n\ndetermine whether the person is mentally competent to be executed\n\nwithin forty-five (45) days after receipt of the report. The state\n\nmust overcome by competent evidence a rebuttable presumption of\n\ncontinued incompetence.\n\n5. After such hearing, if the person is found to be mentally\n\ncompetent to be executed, the trial court shall notify the Court of\nted, the trial court shall hold a hearing to\n\ndetermine whether the person is mentally competent to be executed\n\nwithin forty-five (45) days after receipt of the report. The state\n\nmust overcome by competent evidence a rebuttable presumption of\n\ncontinued incompetence.\n\n5. After such hearing, if the person is found to be mentally\n\ncompetent to be executed, the trial court shall notify the Court of\n\nCriminal Appeals which shall vacate the stay of execution. The\n\nwarden shall proceed to execute the judgment as certified in the\n\nwarrant. If the prior execution date has expired, a new execution\n\ndate shall be set as provided in subsection F of Section 1001.1 of\n\nthis title.\n\n6. If the trial court determines that the person remains\n\nmentally incompetent to be executed, the trial court shall enter an\n\norder directing the Department of Mental Health and Substance Abuse\n\nServices to continue to provide treatment, therapy, or training for\n\nthe person to achieve competency. The Department may designate an\n\nentity with qualified personnel to provide competency restoration\n\nservices on behalf of the Department.\n\n7. The entity providing competency restoration services shall\n\nmonitor the progress of the person and immediately provide written\n\nnotification to the attorney representing the state, the attorney\n\nrepresenting the person, and the trial court if it appears the\n\nperson facing execution may have regained mental competency to be\n\nexecuted. Upon receipt of such notice, the trial court shall order\n\nthe Department of Mental Health and Substance Abuse Services, or a\n\nqualified forensic examiner designated by the Department, to\n\nimmediately reevaluate the mental competency of the person to be\n\nexecuted and submit a report within thirty (30) days of the order.\n\nThe trial court shall then schedule an evidentiary hearing, to be\n\nheld within thirty (30) days, to determine whether the person is\n\nmentally competent to be executed. The state must overcome by\n\ncompetent evidence a rebuttable presumption of continued\n\nincompetence.\n\n8. After the hearing, if the person is found to be mentally\n\ncompetent to be executed, the trial court shall notify the Court of\n\nCriminal Appeals which shall vacate the stay of execution. The\n\nwarden shall proceed to execute the judgment as certified in the\n\nwarrant. If the prior execution date has expired, a new execution\n\ndate shall be set as provided in subsection F of Section 1001.1 of\n\nthis title.\n\n9. If the person is found not mentally competent to be\n\nexecuted, restoration services shall continue as provided in\n\nparagraphs 3 and 4 of this subsection. The entity providing\n\ncompetency restoration services shall prepare periodic reports,\n\nevery six (6) months, indicating what services are being provided\n\nand the response of the person, if any, to treatment. These reports\n\nshall be provided to the attorney representing the state, the\n\nattorney representing the person, and the trial court. The entity\n\nproviding competency restoration services shall be under a\n\ncontinuing duty to comply with the provisions of paragraph 7 of this\n\nsubsection.\n\nN. The provisions of the Criminal Discovery Code, Section 2002\n\nof this title, shall apply, as relevant, to evidentiary hearings\n\nconducted under the provisions of this section.\n\nO. If any intervening change in the mental competency of the\n\nperson to be executed occurs after the seven (7) day deadline to\n\ninitiate proceedings required pursuant to subsection D of this\n\nsection, the person may file a motion alleging he or she is mentally\n\nincompetent to be executed with the Court of Criminal Appeals. An\n\nintervening change shall be a condition that has not and could not\n\nhave been presented in a timely motion because the factual basis for\n\nthe claim was not ascertainable through the exercise of reasonable\n\ndiligence. If the Court of Criminal Appeals determines that an\non, the person may file a motion alleging he or she is mentally\n\nincompetent to be executed with the Court of Criminal Appeals. An\n\nintervening change shall be a condition that has not and could not\n\nhave been presented in a timely motion because the factual basis for\n\nthe claim was not ascertainable through the exercise of reasonable\n\ndiligence. If the Court of Criminal Appeals determines that an\n\nintervening change has occurred, the procedures set forth in this\n\nsection shall apply.\n\nP. Any filing made pursuant to this section shall be made in\n\ngood faith as provided in Rule 9.7(C), Rules of the Court of\n\nCriminal Appeals, of this title, Ch. 18, App.\n\nQ. No portion of the record in proceedings under the provisions\n\nof this section shall be filed under seal.\n\nR. Upon the effective date of this act, any amendments made to\n\nthe provisions of this section shall be applied retroactively.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"196724a46abf2b16ce75907b79917a0759639c592f1f6956d493284a3721c86a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1004","next":"us-ok/okla.-stat.-tit.-22-22-101"},"notice":"GroundRules: Original legal text. Not legal advice."}