{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1161","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1161","heading":"Acts committed by persons in a state of mental illness or","body":"defect - Sentencing - Appeal - Examination – Treatment.\n\nA. 1. An act committed by a person in a state of mental\n\nillness or mental defect shall be adjudicated as guilty with mental\n\ndefect or as not guilty by reason of mental illness.\n\n2. If a person is found guilty with mental defect or enters a\n\nplea of guilty with mental defect which is accepted by the court,\n\nthe court at the time of sentencing shall impose any sentence that\n\ncould be imposed by law upon a person who is convicted of the same\n\noffense, and the person shall serve the sentence in custody of a\n\ncounty jail or the Oklahoma Department of Corrections.\n\n3. If a person who is found guilty with mental defect is placed\n\non probation under the jurisdiction of the sentencing court as\n\nprovided by law, the court shall immediately issue an order for the\n\nperson to be examined by the Department of Mental Health and\n\nSubstance Abuse Services. The time and place of such examination\n\nshall be determined by the Department. Within forty-five (45) days,\n\nthe Department shall provide to the court a recommendation of\n\ntreatment for the person, which shall be made a condition of\n\nprobation. Reports as specified by the trial judge shall be filed\n\nwith the probation officer and the sentencing court. Failure to\n\ncontinue treatment, except by agreement with the treating agency and\n\nthe sentencing court, is grounds for revocation of probation.\n\nTreatment shall be provided by an agency of the Department or, with\n\nthe approval of the sentencing court and at the expense of the\n\nperson, by private agencies, private physicians or other mental\n\nhealth personnel. A psychiatric report shall be filed with the\n\nprobation officer and the sentencing court every six (6) months\n\nduring the period of probation.\n\n4. When in any criminal action by indictment or information,\n\nthe defense of mental illness is raised, but the defendant is not\n\nacquitted on the ground that the defendant was mentally ill at the\n\ntime of the commission of the crime charged, an issue concerning\n\nsuch defense may be raised on appeal. If the appellate court finds\n\nrelief is required, the appellate court shall not have authority to\n\nmodify the judgment or sentence but will only have the authority to\n\norder a new trial or order resentencing without recommendations to\n\nsentencing.\n\n5. When in any criminal action by indictment or information the\n\ndefense of mental illness is interposed either singly or in\n\nconjunction with some other defense, the jury shall state in the\n\nverdict, if it is one of acquittal, whether or not the defendant is\n\nacquitted on the ground of mental illness. When the defendant is\n\nacquitted on the ground that the defendant was mentally ill at the\n\ntime of the commission of the crime charged, the person shall not be\n\ndischarged from custody until the court has made a determination\n\nthat the person is not dangerous to the public peace and safety and\n\nis a person requiring treatment.\n\nB. 1. To assist the court in its determination, the court\n\nshall immediately issue an order for the person to be examined by\n\nthe Department of Mental Health and Substance Abuse Services at a\n\nfacility the Department has designated to examine and treat forensic\n\nindividuals. Upon the issuance of the order, the sheriff shall\n\ndeliver the person to the designated facility.\n\n2. Within forty-five (45) days of the court entering such an\n\norder, a hearing shall be conducted by the court to ascertain\n\nwhether the person is dangerous to the public peace or safety\n\nbecause the person is a person requiring treatment or, if not, is in\n\nneed of continued supervision as a result of unresolved symptoms of\n\nmental illness or a history of treatment noncompliance. During the\n\nrequired period of hospitalization, the Department of Mental Health\n\nand Substance Abuse Services shall have the person examined by two\n\nqualified psychiatrists or one such psychiatrist and one qualified\ne person is a person requiring treatment or, if not, is in\n\nneed of continued supervision as a result of unresolved symptoms of\n\nmental illness or a history of treatment noncompliance. During the\n\nrequired period of hospitalization, the Department of Mental Health\n\nand Substance Abuse Services shall have the person examined by two\n\nqualified psychiatrists or one such psychiatrist and one qualified\n\nclinical psychologist whose training and experience enable the\n\nprofessional to form expert opinions regarding mental illness,\n\ncompetency, dangerousness and criminal responsibility.\n\nC. 1. Each examiner shall, within thirty-five (35) days of\n\nhospitalization, individually prepare and submit to the court, the\n\ndistrict attorney and the trial counsel of the person a report of\n\nthe psychiatric examination findings of the person and an evaluation\n\nconcerning whether the person is dangerous to the public peace or\n\nsafety.\n\n2. If the court is dissatisfied with the reports or if a\n\ndisagreement on the issue of mental illness and dangerousness exists\n\nbetween the two examiners, the court may designate one or more\n\nadditional examiners and have them submit their findings and\n\nevaluations as specified in paragraph 1 of this subsection.\n\n3. a. Within ten (10) days after the reports are filed, the\n\ncourt must conduct a hearing to determine the present\n\ncondition of the person as to the issue of whether:\n\n(1) the person is dangerous to the public peace or\n\nsafety because the person is a person requiring\n\ntreatment, or\n\n(2) if not believed to be dangerous to the public\n\npeace or safety, the person is in need of\n\ncontinued supervision as a result of unresolved\n\nsymptoms of mental illness or a history of\n\ntreatment noncompliance.\n\nb. The district attorney must establish the foregoing by\n\na preponderance of the evidence. At this hearing the\n\nperson shall have the assistance of counsel and may\n\npresent independent evidence.\n\nD. 1. If the court finds that the person is not dangerous to\n\nthe public peace or safety because the person is a person requiring\n\ntreatment and is not in need of continued supervision as a result of\n\nunresolved symptoms of mental illness or a history of treatment\n\nnoncompliance, it shall immediately discharge the person from\n\nhospitalization.\n\n2. If the court finds that the person is dangerous to the\n\npublic peace and safety, it shall commit the person to the custody\n\nof the Department of Mental Health and Substance Abuse Services.\n\nThe person shall then be subject to discharge pursuant to the\n\nprocedure set forth in this section.\n\na. During the period of hospitalization, the Department\n\nof Mental Health and Substance Abuse Services may\n\nadminister or cause to be administered to the person\n\nsuch psychiatric, medical or other therapeutic\n\ntreatment as in its judgment should be administered.\n\nb. The person shall be subject to discharge or\n\nconditional release pursuant to the procedures set\n\nforth in this section.\n\nE. If at any time the court finds the person is not dangerous\n\nto the public peace or safety because the person is a person\n\nrequiring treatment, but is in need of continued supervision as a\n\nresult of unresolved symptoms of mental illness or a history of\n\ntreatment noncompliance, the court may:\n\n1. Discharge the person pursuant to the procedure set forth in\n\nthis section;\n\n2. Discharge the person, and upon the motion of the court or\n\nthe district attorney commence civil involuntary commitment\n\nproceedings against the person pursuant to the provisions of Title\n\n43A of the Oklahoma Statutes; or\n\n3. Order conditional release, as set forth in subsection F of\n\nthis section.\n\nF. There is hereby created a Forensic Review Board to be\n\ncomposed of seven (7) members appointed by the Governor with the\n\nadvice and consent of the Senate. The Board members shall serve for\n\na term of five (5) years except that for members first appointed to\nto the provisions of Title\n\n43A of the Oklahoma Statutes; or\n\n3. Order conditional release, as set forth in subsection F of\n\nthis section.\n\nF. There is hereby created a Forensic Review Board to be\n\ncomposed of seven (7) members appointed by the Governor with the\n\nadvice and consent of the Senate. The Board members shall serve for\n\na term of five (5) years except that for members first appointed to\n\nthe Board: one shall serve for a term ending December 31, 2008, two\n\nshall serve for a term ending December 31, 2009, two shall serve a\n\nterm ending December 31, 2010, and two shall serve for a term ending\n\nDecember 31, 2011.\n\n1. The Board shall be composed of:\n\na. four licensed mental health professionals with\n\nexperience in treating mental illness, at least one of\n\nwhom is licensed as a Doctor of Medicine, a Doctor of\n\nOsteopathy, or a licensed clinical psychologist and\n\nshall be appointed from a list of seven names\n\nsubmitted to the Governor by the Department of Mental\n\nHealth and Substance Abuse Services,\n\nb. one member who shall be an attorney licensed to\n\npractice in this state and shall be appointed from a\n\nlist of not less than three names submitted to the\n\nGovernor by the Board of Governors of the Oklahoma Bar\n\nAssociation,\n\nc. one member who shall be a retired judge licensed to\n\npractice in this state and shall be appointed from a\n\nlist of not less than three names submitted to the\n\nGovernor by the Judicial Nominating Committee, and\n\nd. one at-large member.\n\nThe attorney and retired judge members of the Board shall be\n\nprohibited from representing in the courts of this state persons\n\ncharged with felony offenses while serving on the Board.\n\n2. The Board shall meet as necessary to determine which\n\nindividuals confined with the Department of Mental Health and\n\nSubstance Abuse Services are eligible for therapeutic visits,\n\nconditional release or discharge and whether the Board wishes to\n\nmake such a recommendation to the court of the county where the\n\nindividual was found not guilty by reason of insanity or not guilty\n\nby reason of mental illness for those persons adjudicated as such\n\nupon or after November 1, 2016.\n\na. Forensic Review Board meetings shall not be considered\n\nsubject to the Oklahoma Open Meeting Act and are not\n\nopen to the public. Other than the Forensic Review\n\nBoard members, only the following individuals shall be\n\npermitted to attend Board meetings:\n\n(1) the individual the Board is considering for\n\ntherapeutic visits, conditional release or\n\ndischarge, his or her treatment advocate, and\n\nmembers of his or her treatment team,\n\n(2) the Commissioner of Mental Health and Substance\n\nAbuse Services or designee,\n\n(3) the Advocate General for the Department of Mental\n\nHealth and Substance Abuse Services or designee,\n\n(4) the General Counsel for the Department of Mental\n\nHealth and Substance Abuse Services or designee,\n\nand\nitional release or\n\ndischarge, his or her treatment advocate, and\n\nmembers of his or her treatment team,\n\n(2) the Commissioner of Mental Health and Substance\n\nAbuse Services or designee,\n\n(3) the Advocate General for the Department of Mental\n\nHealth and Substance Abuse Services or designee,\n\n(4) the General Counsel for the Department of Mental\n\nHealth and Substance Abuse Services or designee,\n\nand\n\n(5) any other persons the Board and Commissioner of\n\nMental Health and Substance Abuse Services wish\n\nto be present.\n\nb. The Department of Mental Health and Substance Abuse\n\nServices shall provide administrative staff to the\n\nBoard to take minutes of meetings and prepare\n\nnecessary documents and correspondence for the Board\n\nto comply with its duties as set forth in this\n\nsection. The Department of Mental Health and\n\nSubstance Abuse Services shall also transport the\n\nindividuals being reviewed to and from the Board\n\nmeeting site.\n\nc. The Board shall provide notice to the district\n\nattorney of the county where the individual was found\n\nnot guilty by reason of mental illness at least forty-\n\nfive (45) days before meeting to determine eligibility\n\nfor therapeutic visits, conditional release, or\n\ndischarge.\n\nd. The Board shall promulgate rules concerning the\n\ngranting and structure of therapeutic visits,\n\nconditional releases and discharge.\n\ne. For purposes of this subsection, “therapeutic visit”\n\nmeans a scheduled time period off campus which\n\nprovides for progressive tests of the ability of the\n\nconsumer to maintain and demonstrate coping skills.\n\n3. The Forensic Review Board shall submit any recommendation\n\nfor therapeutic visit, conditional release or discharge to the court\n\nand district attorney of the county where the person was found not\n\nguilty by reason of mental illness, the trial counsel of the person,\n\nthe Department of Mental Health and Substance Abuse Services and the\n\nperson at least fourteen (14) days prior to the scheduled visit.\n\na. The district attorney may file an objection to a\n\nrecommendation for a therapeutic visit within ten (10)\n\ndays of receipt of the notice.\n\nb. If an objection is filed, the therapeutic visit is\n\nstayed until a hearing is held. The court shall hold\n\na hearing not less than ten (10) days following an\n\nobjection to determine whether the therapeutic visit\n\nis necessary for treatment, and if necessary, the\n\nnature and extent of the visit.\n\n4. During the period of hospitalization, the Department of\n\nMental Health and Substance Abuse Services shall submit an annual\n\nreport on the status of the person to the court, the district\n\nattorney and the patient advocate general of the Department of\n\nMental Health and Substance Abuse Services.\n\nG. Upon motion by the district attorney or upon a\n\nrecommendation for conditional release or discharge by the Forensic\n\nReview Board, the court shall conduct a hearing to ascertain if the\n\nperson is dangerous and a person requiring treatment. This hearing\n\nshall be conducted under the same procedure as the first hearing and\n\nmust occur not less than ten (10) days following the motion or\n\nrequest by the Forensic Review Board.\n\n1. If the court determines that the person continues to be\n\ndangerous to the public peace and safety because the person is a\n\nperson requiring treatment, it shall order the return of the person\n\nto the hospital for additional treatment.\n\n2. If the court determines that the person is not dangerous but\n\nsubject to certain conditions, the court may conditionally release\n\nthe person subject to the following:\n\na. the Forensic Review Board has made a recommendation\n\nfor conditional release, including a written plan for\n\noutpatient treatment and a list of recommendations for\n\nthe court to place as conditions on the release,\n\nb. in its order of conditional release, the court shall\n\nspecify conditions of release and shall direct the\nthe court may conditionally release\n\nthe person subject to the following:\n\na. the Forensic Review Board has made a recommendation\n\nfor conditional release, including a written plan for\n\noutpatient treatment and a list of recommendations for\n\nthe court to place as conditions on the release,\n\nb. in its order of conditional release, the court shall\n\nspecify conditions of release and shall direct the\n\nappropriate agencies or persons to submit annual\n\nreports regarding the compliance of the person with\n\nthe conditions of release and progress in treatment,\n\nc. the person must agree, in writing, that during the\n\nperiod the person is granted conditional release and\n\nis subject to the provisions thereof, there shall be\n\nfree transmission of all pertinent information,\n\nincluding clinical information regarding the person,\n\namong the Department of Mental Health and Substance\n\nAbuse Services, the appropriate community mental\n\nhealth centers and the appropriate district attorneys,\n\nlaw enforcement and court personnel,\n\nd. the order of the court placing the person on\n\nconditional release shall include notice that the\n\nconditional release of the person may be revoked upon\n\ngood cause. The person placed on conditional release\n\nshall remain under the supervision of the Department\n\nof Mental Health and Substance Abuse Services until\n\nthe committing court enters a final discharge order.\n\nThe Department of Mental Health and Substance Abuse\n\nServices shall assess the person placed on conditional\n\nrelease annually and shall have the authority to\n\nrecommend discharge of the person to the Board, and\n\ne. any agency or individual involved in providing\n\ntreatment with regard to the conditional release plan\n\nof the person may prepare and file an affidavit under\n\noath if the agency or individual believes that the\n\nperson has failed to comply with the conditions of\n\nrelease or that such person has progressed to the\n\npoint that inpatient care is appropriate.\n\n(1) Any peace officer who receives such an affidavit\n\nshall take the person into protective custody and\n\nreturn the person to the forensic unit of the\n\nstate hospital.\n\n(2) A hearing shall be conducted within three (3)\n\ndays, excluding holidays and weekends, after the\n\nperson is returned to the forensic unit of the\n\nstate hospital to determine if the person has\n\nviolated the conditions of release, or if full-\n\ntime hospitalization is the least restrictive\n\nalternative consistent with the needs of the\n\nperson and the need for public safety. Notice of\n\nthe hearing shall be issued, at least twenty-four\n\n(24) hours before the hearing, to the hospital\n\nsuperintendent, the person, trial counsel for the\n\nperson, and the patient advocate general of the\n\nDepartment of Mental Health and Substance Abuse\n\nServices. If the person requires hospitalization\n\nbecause of a violation of the conditions of\n\nrelease or because of progression to the point\n\nthat inpatient care is appropriate, the court may\n\nthen modify the conditions of release.\n\n3. If the court determines that the person is not dangerous to\n\nthe public peace or safety because the person is not a person\n\nrequiring treatment, it shall order that the person be discharged\n\nfrom the custody of the Department of Mental Health and Substance\n\nAbuse Services.\n\nH. As used in this section:\n\n1. “Antisocial personality disorder” means antisocial\n\npersonality disorder as defined by the Diagnostic and Statistical\n\nManual of Mental Disorders, 5th Edition (DSM-5), or subsequent\n\neditions;\n\n2. “Court” or “sentencing court” means the court sitting in the\n\ncounty where the person has been found to be not guilty by reason of\n\nmental illness or guilty with mental defect;\n\n3. “Dangerous” means a person who because of mental illness\n\nposes a substantial risk of physical harm in the near future to\n\nanother person or persons. Dangerousness shall be determined by\n5), or subsequent\n\neditions;\n\n2. “Court” or “sentencing court” means the court sitting in the\n\ncounty where the person has been found to be not guilty by reason of\n\nmental illness or guilty with mental defect;\n\n3. “Dangerous” means a person who because of mental illness\n\nposes a substantial risk of physical harm in the near future to\n\nanother person or persons. Dangerousness shall be determined by\n\nsuch factors as whether the person has placed another person or\n\npersons in a reasonable fear of violent behavior, and medication and\n\ntreatment compliance;\n\n4. “Guilty with mental defect” means the person committed the\n\nact and was either unable to understand the nature and consequences\n\nof his or her actions or was unable to differentiate right from\n\nwrong, and has been diagnosed with antisocial personality disorder\n\nwhich substantially contributed to the act for which the person has\n\nbeen charged;\n\n5. “Mental defect” means the person has been diagnosed with\n\nantisocial personality disorder which substantially contributed to\n\nthe act for which the person has been charged;\n\n6. “Mental illness” means a substantial disorder of thought,\n\nmood, perception, psychological orientation or memory that\n\nsignificantly impairs judgment, behavior, capacity to recognize\n\nreality or ability to meet the ordinary demands of life;\n\n7. “Not guilty by reason of mental illness” means the person\n\ncommitted the act while mentally ill and was either unable to\n\nunderstand the nature and consequences of his or her actions or was\n\nunable to differentiate right from wrong, and has not been diagnosed\n\nwith antisocial personality disorder which substantially contributed\n\nto the act for which the person has been charged; and\n\n8. a. “Person requiring treatment” means a person who\n\nbecause of mental illness:\n\n(1) poses a substantial risk of physical harm to self\n\nas manifested by evidence or serious threats of\n\nor attempts at suicide or other significant self-\n\ninflicted bodily harm,\n\n(2) poses a substantial risk of physical harm to\n\nanother person or persons as manifested by\n\nevidence of violent behavior directed toward\n\nanother person or persons,\n\n(3) has placed another person or persons in\n\nreasonable fear of serious physical harm or\n\nviolent behavior directed toward such person or\n\npersons as manifested by serious and immediate\n\nthreats,\n\n(4) is in a condition of severe deterioration such\n\nthat, without immediate intervention, there\n\nexists a substantial risk that severe impairment\n\nor injury will result to the person, or\n\n(5) poses a substantial risk of serious physical\n\ninjury to self or death as manifested by evidence\n\nthat the person is unable to provide for and is\n\nnot providing for his or her basic physical\n\nneeds.\n\nb. The mental health or substance abuse history of the\n\nperson may be used as part of the evidence to\n\ndetermine whether the person is a person requiring\n\ntreatment. The mental health or substance abuse\n\nhistory of the person shall not be the sole basis for\n\nthis determination.\n\nc. Unless a person also meets the criteria established in\n\nsubparagraph a of this paragraph, “person requiring\n\ntreatment” shall not mean:\n\n(1) a person whose mental processes have been\n\nweakened or impaired by reason of advanced years,\n\ndementia or Alzheimer’s disease,\n\n(2) a person with intellectual or developmental\n\ndisability as defined in Title 10 of the Oklahoma\n\nStatutes,\n\n(3) a person with seizure disorder, or\ns paragraph, “person requiring\n\ntreatment” shall not mean:\n\n(1) a person whose mental processes have been\n\nweakened or impaired by reason of advanced years,\n\ndementia or Alzheimer’s disease,\n\n(2) a person with intellectual or developmental\n\ndisability as defined in Title 10 of the Oklahoma\n\nStatutes,\n\n(3) a person with seizure disorder, or\n\n(4) a person with a traumatic brain injury.\n\nI. Proceedings hereunder may be held in conformance with the\n\nprovisions of Section 3006 of Title 20 of the Oklahoma Statutes for\n\nallowable use of videoconferencing.\n\nR.L. 1910, § 6049. Amended by Laws 1935, p. 19, § 1, emerg. eff.\n\nMay 8, 1935; Laws 1975, c. 92, § 1; Laws 1983, c. 94, § 1, eff. Nov.\n\n1, 1983; Laws 1990, c. 51, § 16, emerg. eff. April 9, 1990; Laws\n\n2000, c. 421, § 1, eff. Nov. 1, 2000; Laws 2004, c. 188, § 1, eff.\n\nNov. 1, 2004; Laws 2007, c. 358, § 8, eff. July 1, 2007; Laws 2008,\n\nc. 39, § 1, eff. Nov. 1, 2008; Laws 2016, c. 279, § 1, eff. Nov. 1,\n\n2016; Laws 2017, c. 375, § 1, eff. Nov. 1, 2017; Laws 2019, c. 475,\n\n§ 20, eff. Nov. 1, 2019; Laws 2025, c. 68, § 1, eff. Nov. 1, 2025.","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":"4c6642beae70d445592915fa2b93b8207ebf41e131be5aa930c7a17d2bbca831","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-116","next":"us-ok/okla.-stat.-tit.-22-22-1162"},"notice":"GroundRules: Original legal text. Not legal advice."}