{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1175.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1175.3","heading":"Hearing - Date - Evidence - Orders - Examination of","body":"accused - Instructions to physician.\n\nA. Upon filing of an application for determination of\n\ncompetency, the court shall set a hearing date, which shall be as\n\nsoon as practicable, but at least one (1) day after service of\n\nnotice as provided by Section 1175.2 of this title.\n\nB. The court shall hold a hearing on the date provided. At the\n\nhearing, the court shall examine the application for determination\n\nof competency to determine if it alleges facts sufficient to raise a\n\ndoubt as to the competency of the person. Any additional evidence\n\ntending to create a doubt as to the competency of the person may be\n\npresented at this hearing.\n\nC. If the court finds there is no doubt as to the competency of\n\nthe person, it shall order the criminal proceedings to resume.\n\nD. 1. a. If the court finds there is a doubt as to the\n\ncompetency of the person, it shall order the person to\n\nbe examined by the Department of Mental Health and\n\nSubstance Abuse Services or by a qualified forensic\n\nexaminer designated by the Department to perform\n\ncompetency examinations.\n\nb. In addition, the Developmental Disabilities Services\n\nDivision and the Office of Public Guardian of the\n\nDepartment of Human Services shall receive written\n\nnotice from the district attorney who filed the\n\ncriminal petition, and be authorized by order of the\n\ncourt to have a psychologist or other appropriate\n\nclinician participate with professionals assigned by\n\nany other public or private agency in any competency\n\nevaluation where developmental or intellectual\n\ndisability may be involved. The psychologist or\n\nclinician employed, by contract or otherwise, by the\n\nDepartment of Human Services may issue a separate\n\nopinion and recommendation to the court. In such\n\ncases where intellectual disability may be involved,\n\nthe Office of Public Guardian shall have standing to\n\nparticipate in any stage of the proceedings as deemed\n\nnecessary by the Office.\n\n2. The person shall be examined by a qualified forensic\n\nexaminer on an outpatient basis prior to referral for any necessary\n\ninpatient evaluation, as ordered by the court. The outpatient\n\nexamination may be conducted in the community, the jail or detention\n\nfacility where the person is held.\n\n3. If the court determines that the person whose competency is\n\nin question may be dangerous as defined in Section 1175.1 of this\n\ntitle, it shall order the person retained in a secure facility until\n\nthe completion of the competency hearing provided in Section 1175.4\n\nof this title. If the court determines the person may be dangerous\n\nas defined in Section 1175.1 of this title because the individual is\n\na person requiring treatment as defined in Section 1-103 of Title\n\n43A of the Oklahoma Statutes, it may commit the person to the\n\ncustody of the Department of Mental Health and Substance Abuse\n\nServices or any other state agency or private facility for the\n\nexamination required by this subsection. The person shall be\n\nrequired to undergo examination for a period of time sufficient for\n\nthe qualified forensic examiner or examiners to reach a conclusion\n\nas to competency, and the court shall impose a reasonable time\n\nlimitation for such period of examination.\n\nE. The qualified forensic examiner or examiners shall receive\n\ninstructions that they shall examine the patient to determine:\n\n1. If the person is able to appreciate the nature of the\n\ncharges made against such person;\n\n2. If the person is able to consult with the lawyer and\n\nrationally assist in the preparation of the defense of such person;\n\n3. If the person is unable to appreciate the nature of the\n\ncharges or to consult and rationally assist in the preparation of\n\nthe defense, whether the person can attain competency within a\n\nreasonable period of time as defined in Section 1175.1 of this title\n\nif provided with a course of treatment, therapy or training;\n\n4. If the person is a person requiring treatment as defined by\nsuch person;\n\n3. If the person is unable to appreciate the nature of the\n\ncharges or to consult and rationally assist in the preparation of\n\nthe defense, whether the person can attain competency within a\n\nreasonable period of time as defined in Section 1175.1 of this title\n\nif provided with a course of treatment, therapy or training;\n\n4. If the person is a person requiring treatment as defined by\n\nSection 1-103 of Title 43A of the Oklahoma Statutes;\n\n5. If the person is incompetent because the person is\n\nintellectually disabled as defined in Section 1408 of Title 10 of\n\nthe Oklahoma Statutes;\n\n6. If the requirements of paragraphs 4 and 5 of this subsection\n\nare not established, the reasoning for which the defendant is\n\notherwise incompetent; and\n\n7. If the person were released, whether such person would\n\npresently be dangerous as defined in Section 1175.1 of this title.\n\nF. Upon completion of the competency evaluation, the Department\n\nof Mental Health and Substance Abuse Services or qualified forensic\n\nexaminer designated by the Department to perform competency\n\nexaminations shall notify the court of its findings. If the person\n\nis in the custody of the Department of Mental Health and Substance\n\nAbuse Services, the person shall be returned to the court in the\n\ncustomary manner within five (5) business days. If the person is\n\nnot returned within that time, the county in which the proceedings\n\nare to be held shall pay the costs of maintaining the person at the\n\ninstitution or facility for the period of time the person remains at\n\nthe institution or facility in excess of the five-day period.","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":"23a91c8168615c5e2bf5a368184f64e293679790fe99cdea6b13072e13cc94f4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1175.2","next":"us-ok/okla.-stat.-tit.-22-22-1175.4"},"notice":"GroundRules: Original legal text. Not legal advice."}