{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1175.6a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1175.6a","heading":"Person capable of achieving competence within","body":"reasonable time - Suspension of criminal proceedings - Civil\n\ncommitment.\n\nA. If the person is found to be incompetent prior to conviction\n\nbecause he or she is a person requiring treatment as defined in\n\nSection 1-103 of Title 43A of the Oklahoma Statutes, but capable of\n\nachieving competence with treatment within a reasonable period of\n\ntime as defined by Section 1175.1 of this title, the court shall\n\nsuspend the criminal proceedings and order the Department of Mental\n\nHealth and Substance Abuse Services to provide treatment, therapy or\n\ntraining which is calculated to allow the person to achieve\n\ncompetency. The Department may designate a willing entity to\n\nprovide such competency restoration services on behalf of the\n\nDepartment, provided the entity has qualified personnel. The court\n\nshall further order the Department to take custody of the individual\n\nas soon as a forensic bed becomes available, unless both the\n\nDepartment and the county jail where the person is being held\n\ndetermine that it is in the best interests of the person to remain\n\nin the county jail. Such competency restoration services shall\n\nbegin within a reasonable period of time after the court has\n\ndetermined that the person is not competent to stand trial.\n\nThe person shall remain in the custody of the county jail until\n\nsuch time as the Department has a bed available at the forensic\n\nfacility unless competency restoration services are provided by a\n\ndesignee of the Department, in which case custody of the person\n\nshall be transferred to the Department.\n\nB. The Department of Mental Health and Substance Abuse Services\n\nor designee shall make periodic reports to the court as to the\n\ncompetency of the defendant.\n\nC. If the person is determined by the Department of Mental\n\nHealth and Substance Abuse Services or designee to have regained\n\ncompetency, or is no longer incompetent because the person is a\n\nperson requiring treatment as defined by Section 1-103 of Title 43A\n\nof the Oklahoma Statutes, a hearing shall be scheduled within twenty\n\n(20) days:\n\n1. If found competent by the court or a jury after such\n\nrehearing, criminal proceedings shall be resumed;\n\n2. If the person is found to continue to be incompetent because\n\nthe person is a person requiring treatment as defined in Section 1-\n\n103 of Title 43A of the Oklahoma Statutes, the person shall be\n\nreturned to the custody of the Department of Mental Health and\n\nSubstance Abuse Services or designee;\n\n3. If the person is found to be incompetent because the person\n\nis an individual with intellectual disability as defined by Section\n\n1408 of Title 10 of the Oklahoma Statutes, the court shall issue the\n\nappropriate order as set forth in Section 1175.6b of this title;\n\n4. If the person is found to be incompetent for reasons other\n\nthan the person is a person requiring treatment as defined by\n\nSection 1-103 of Title 43A of the Oklahoma Statutes, and other than\n\nthe person is an individual with intellectual disability as defined\n\nin Section 1408 of Title 10 of the Oklahoma Statutes, and is also\n\nfound to be not dangerous as defined by Section 1175.1 of this\n\ntitle, the court shall issue the appropriate order as set forth in\n\nSection 1175.6b of this title; or\n\n5. If the person is found to be incompetent for reasons other\n\nthan the person is a person requiring treatment as defined by\n\nSection 1-103 of Title 43A of the Oklahoma Statutes, and other than\n\nthe person is an individual with intellectual disability as defined\n\nin Section 1408 of Title 10 of the Oklahoma Statutes, but is also\n\nfound to be dangerous as defined by Section 1175.1 of this title,\n\nthe court shall issue the appropriate order as set forth in Section\n\n1175.6c of this title.\n\nD. If the person is found to be incompetent because the person\n\nis a person requiring treatment as defined by Section 1-103 of Title\n\n43A of the Oklahoma Statutes, but not capable of achieving\nTitle 10 of the Oklahoma Statutes, but is also\n\nfound to be dangerous as defined by Section 1175.1 of this title,\n\nthe court shall issue the appropriate order as set forth in Section\n\n1175.6c of this title.\n\nD. If the person is found to be incompetent because the person\n\nis a person requiring treatment as defined by Section 1-103 of Title\n\n43A of the Oklahoma Statutes, but not capable of achieving\n\ncompetence with treatment within a reasonable period of time as\n\ndefined by Section 1175.1 of this title, the court shall commence\n\ncivil commitment proceedings pursuant to Title 43A of the Oklahoma\n\nStatutes and shall dismiss without prejudice the criminal\n\nproceeding. If the person is subsequently committed to the\n\nDepartment of Mental Health and Substance Abuse Services pursuant to\n\nTitle 43A of the Oklahoma Statutes, the statute of limitations for\n\nthe criminal charges which were dismissed by the court shall be\n\ntolled until the person is discharged from the Department of Mental\n\nHealth and Substance Abuse Services pursuant to Section 7-101 of\n\nTitle 43A of the Oklahoma Statutes.\n\nE. For a person undergoing competency restoration services,\n\nwithin thirty (30) days after the expiration of the reasonable\n\nperiod of time as defined by Section 1175.1 of this title, the court\n\nshall hold a hearing to determine whether the person has been\n\nrestored to competency.\n\n1. No less than fifteen (15) days prior to the hearing the\n\nDepartment of Mental Health and Substance Abuse Services shall\n\nsubmit a report to the court, the person’s attorney, and the\n\nprosecuting agency detailing the person’s status and progress in\n\nbeing restored to competency including the person’s historical and\n\ncurrent compliance with medication and treatment and a plan for\n\ncompetency restoration if additional competency restoration services\n\nare ordered by the court.\n\n2. If the court determines that the person has been restored to\n\ncompetency, the criminal proceedings shall resume.\n\n3. If the court determines that the person has not been\n\nrestored to competency, the court shall determine whether additional\n\ncompetency restoration services are likely to be beneficial in\n\nrestoring the person to competency. If the court finds by a\n\npreponderance of the evidence that additional competency restoration\n\nservices are:\n\na. likely to be beneficial in restoring the person to\n\ncompetency, the court shall order the person to remain\n\nin or be transferred to the custody of the Department\n\nwhich shall continue to provide treatment, therapy, or\n\ntraining calculated to restore the person to\n\ncompetency for a period of time not to exceed the\n\nlesser of an additional two (2) years or the maximum\n\nsentence specified for the most serious offense with\n\nwhich the defendant is charged, or\n\nb. not likely to be beneficial in restoring the person to\n\ncompetency, the court shall commence civil commitment\n\nproceedings pursuant to Title 43A of the Oklahoma\n\nStatutes and shall dismiss without prejudice the\n\ncriminal proceeding. If the person is subsequently\n\ncommitted to the Department pursuant to Title 43A of\n\nthe Oklahoma Statutes, the statute of limitations for\n\nthe criminal charges which were dismissed by the court\n\nshall be tolled until the person is discharged from\n\nthe Department pursuant to Section 7-101 of Title 43A\n\nof the Oklahoma Statutes.","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":"c5233e8ea07c18a3d832834009317562b2c19159e696b92500e2869425330c25","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1175.6","next":"us-ok/okla.-stat.-tit.-22-22-1175.6b"},"notice":"GroundRules: Original legal text. Not legal advice."}