{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1175.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1175.4","heading":"Post-examination competency hearing - Evidence -","body":"Presumptions - Jury trial - Presence of accused - Witnesses -\n\nInstructions.\n\nA. A hearing to determine the competency of the person whose\n\ncompetency is in question shall be held within thirty (30) days\n\nafter the qualified forensic examiner or examiners have made the\n\ndetermination required in Section 1175.3 of this title. In such\n\ncases where intellectual disability may be involved, the Office of\n\nPublic Guardian shall have standing to participate in any stage of\n\nthe proceedings as deemed necessary by the Office.\n\nB. The court, at the hearing, shall determine by a\n\npreponderance of the evidence if the person is incompetent. Such\n\ndetermination shall include consideration of all reports prepared by\n\nthe qualified forensic examiner or examiners; provided, however, in\n\nany case where intellectual disability may be involved, the\n\nrecommendations of examiners set forth in subparagraph b of\n\nparagraph 1 of subsection D of Section 1175.3 of this title shall be\n\nconsidered by the court. The person shall be presumed to be\n\ncompetent for the purposes of the allocation of the burden of proof\n\nand burden of going forward with the evidence. If the court deems\n\nit necessary, or if the person alleged to be a person requiring\n\ntreatment, or any relative, friend, or any person with whom he may\n\nreside, or at whose house the person may be, shall so demand, the\n\ncourt shall schedule the hearing on the application as a jury trial\n\nto be held within seventy-two (72) hours of the request, excluding\n\nweekends and legal holidays, or within as much additional time as is\n\nrequested by the attorney of the person whose competency is in\n\nquestion, upon good cause shown. The jury shall be composed of six\n\n(6) persons having the qualifications required of jurors in courts\n\nof record, summoned to determine the questions of the person’s\n\ncompetency and need for treatment. Whenever a jury is required, the\n\ncourt shall proceed to the selection of such jury in the manner as\n\nprovided by law and such jury shall determine the questions of the\n\ncompetency and need for treatment of the person whose competency is\n\nin question. The jurors shall receive fees for attendance and\n\nmileage as are allowed by law.\n\nC. The person whose competency is in question shall have the\n\nright to be present at the hearing on the petition unless it is made\n\nto appear to the court that the presence of the person makes it\n\nimpossible to conduct the hearing in a reasonable manner. The court\n\nmay not decide in advance of the hearing, solely on the basis of the\n\ncertificate of the examining doctor or doctors, that the person\n\nwhose competency is in question should not be allowed to appear. It\n\nshall be made to appear to the court based on clear and convincing\n\nevidence that alternatives to exclusion were attempted before the\n\ncourt renders the person’s removal for that purpose or the person’s\n\nappearance at such hearing improper and unsafe.\n\nD. All witnesses shall be subject to cross-examination in the\n\nsame manner as is provided by law. If so stipulated by counsel for\n\na person whose competency is in question, the district attorney and\n\nthe court, testimony may be given by telephone or other electronic\n\ntransmitting device approved by the court. No statement, admission\n\nor confession made by the person whose competency is in question\n\nobtained during the examination for competency may be used for any\n\npurpose except for proceedings under Section 1175.1 et seq. of this\n\ntitle. No such statement, admission or confession may be used\n\nagainst such person in any criminal action whether pending at the\n\ntime the hearing is held or filed against such person at any later\n\ntime, directly, indirectly or in any manner or form.\n\nE. If the question of competency is submitted to a jury, the\n\ncourt shall instruct the jury as to the law regarding competency,\n\nand the findings they are to make. If the trial of the question is\non may be used\n\nagainst such person in any criminal action whether pending at the\n\ntime the hearing is held or filed against such person at any later\n\ntime, directly, indirectly or in any manner or form.\n\nE. If the question of competency is submitted to a jury, the\n\ncourt shall instruct the jury as to the law regarding competency,\n\nand the findings they are to make. If the trial of the question is\n\nto the court, the court shall make the required findings.","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":"4b2d72c28c7f92c8fb73e7d0d43f22b7ee727c92adb356447463550826ae2094","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1175.3","next":"us-ok/okla.-stat.-tit.-22-22-1175.5"},"notice":"GroundRules: Original legal text. Not legal advice."}