{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1175.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1175.2","heading":"Application for determination of competency - Service -","body":"Notice - Suspension of criminal proceedings.\n\nA. No person shall be subject to any criminal procedures after\n\nthe person is determined to be incompetent except as provided in\n\nSections 1175.1 through 1175.8 of this title. The question of the\n\nincompetency of a person may be raised by the person, the attorney\n\nfor the person whose competency is in question, or the district\n\nattorney, by an application for determination of competency. The\n\napplication for determination of competency shall allege that the\n\nperson is incompetent to undergo further proceedings, and shall\n\nstate facts sufficient to raise a doubt as to the competency of the\n\nperson. The court, at any time, may initiate a competency\n\ndetermination on its own motion, without an application, if the\n\ncourt has a doubt as to the competency of the person.\n\nIf the court so initiates such an application, it may appoint\n\nthe district attorney for the purpose of proceeding with the\n\napplication. If the district attorney opposes the application of\n\nthe court, and by reason of a conflict of interest could not\n\nrepresent the court as applicant, then the court shall appoint\n\nprivate counsel. Said private counsel shall be reasonably\n\ncompensated by the court fund.\n\nB. A copy of the application for determination of competency\n\nand a notice, as hereinafter described, shall be served personally\n\nat least one (1) day before the first hearing on the application for\n\na competency determination. The notice shall contain the following\n\ninformation:\n\n1. The definition provided by Section 1175.1 of this title of\n\ncompetency and incompetency;\n\n2. That, upon request, the hearing on the application may be\n\nconducted as a jury trial as provided in Section 1175.4 of this\n\ntitle;\n\n3. That the petitioner and any witnesses identified in the\n\napplication may offer testimony under oath at the hearings on the\n\npetition and that the defendant may not be called to testify against\n\nthe defendant’s will, unless the application is initiated by the\n\ndefendant;\n\n4. That if the person whose competency is in question does not\n\nhave an attorney, the court will appoint an attorney for the person\n\nwho shall represent the person until final disposition of the case;\n\n5. That if the person whose competency is in question is\n\nindigent or poor, the court will pay the attorney fees; and\n\n6. That the person whose competency is in question shall be\n\nafforded such other rights as are guaranteed by state and federal\n\nlaw and that such rights include a trial by jury, if demanded. The\n\nnotice shall be served upon the person whose competency is in\n\nquestion, upon the person’s father, mother, husband, or wife or, in\n\ntheir absence, someone of the next of kin, of full age, if any said\n\npersons are known to be residing within the county, and upon any of\n\nsaid relatives residing outside of the county, and within the state,\n\nas may be ordered by the court, and also upon the person with whom\n\nthe person whose competency is in question may reside, or at whose\n\nhouse the person may be. The person making such service shall make\n\naffidavit of the same and file such notice, with proof of service,\n\nwith the district court. This notice may be served in any part of\n\nthis state.\n\nC. Any criminal proceedings against a person whose competency\n\nis in question shall be suspended pending the determination of the\n\ncompetency of the person.","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":"4b5c46984bcc24a4597e1a0039c68aaf6d80d8ce9763afebd5695e9197c32c52","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1175.1","next":"us-ok/okla.-stat.-tit.-22-22-1175.3"},"notice":"GroundRules: Original legal text. Not legal advice."}