{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1175.6b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1175.6b","heading":"Incompetence due to intellectual disability -","body":"Suspension of criminal proceedings - Placement - Conditional\n\nrelease.\n\nA. If the person is found to be incompetent primarily because\n\nthe person is intellectually disabled as defined in Section 1408 of\n\nTitle 10 of the Oklahoma Statutes and is also found by the court to\n\nbe dangerous as defined by Section 1175.1 of this title, the court\n\nshall suspend the criminal proceedings and place the person into the\n\ncustody of the Office of Public Guardian. The Office of Public\n\nGuardian shall act with all powers set forth in the Oklahoma Public\n\nGuardianship Act, and:\n\n1. The Office of Public Guardian shall place any person placed\n\nin its custody under this title in a facility or residential\n\nsetting, private or public, willing to accept the individual and\n\nthat has a level of supervision and security that is appropriate to\n\nthe needs of the person;\n\n2. Such placements shall be within the sole discretion of the\n\nOffice of Public Guardian;\n\n3. All such placements made by the Office of Public Guardian\n\nshall be made within six (6) months of the date of the order\n\nawarding custody to the Office of Public Guardian;\n\n4. The Office of Public Guardian shall report to the court at\n\nleast every six (6) months as to the status of the person including,\n\nbut not limited to, the type of placement, services provided, level\n\nof supervision, the medical and psychological health of the person,\n\nwhether the person would be dangerous if conditionally released into\n\na nonsecure environment, the assistance and services that would be\n\nrequired for such conditional release and whether the person has\n\nachieved competency;\n\n5. If the person is determined by the Office of Public Guardian\n\nto have regained competency or that conditional release to a private\n\nguardian or other caretaker is appropriate, a hearing shall be\n\nscheduled within twenty (20) days. If found competent by the court\n\nor a jury after such rehearing, criminal proceedings shall be\n\nresumed. If the court finds conditional release to be appropriate,\n\nthe court shall make an appropriate order for conditional release;\n\nand\n\n6. The provisions of subsections C, H and I of Section 6-101 of\n\nTitle 30 of the Oklahoma Statutes shall not apply to custody orders\n\narising under this title.\n\nB. 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 is found to\n\nbe not dangerous as defined by Section 1175.1 of this title, the\n\ncourt shall suspend the criminal proceedings and either refer the\n\nperson to the Department of Human Services for consideration of\n\nvoluntary assistance or conditionally release the person as set\n\nforth in this section.\n\n1. For any person recommended for conditional release, a\n\nwritten plan for services shall be prepared by the Department of\n\nHuman Services and filed with the court. In its order of\n\nconditional release, the court shall specify the conditions of\n\nrelease and shall direct the appropriate agencies or persons to\n\nsubmit annual reports regarding the person’s compliance with the\n\nconditions of release and progress:\n\na. to be eligible for conditional release, the person\n\nshall agree, in writing, that during the period the\n\nperson is granted conditional release and is subject\n\nto the provisions thereof, there shall be free\n\ntransmission of all pertinent information, including\n\nclinical information regarding the person, among the\n\nperson’s treatment providers, the appropriate district\n\nattorneys, law enforcement and court personnel. To\n\neffect this agreement, the person shall execute any\n\nreleases required by law to allow for the\n\ndissemination of this information,\n\nb. the court’s order placing the person on conditional\n\nrelease shall include notice that the person’s\n\nconditional release may be revoked upon good cause,\nthe\n\nperson’s treatment providers, the appropriate district\n\nattorneys, law enforcement and court personnel. To\n\neffect this agreement, the person shall execute any\n\nreleases required by law to allow for the\n\ndissemination of this information,\n\nb. the court’s order placing the person on conditional\n\nrelease shall include notice that the person’s\n\nconditional release may be revoked upon good cause,\n\nc. the district attorney, as well as any agency or\n\nindividual involved in providing services with regard\n\nto the person’s conditional release, may prepare and\n\nfile an affidavit under oath if the district attorney,\n\nagency, or individual believes that the person has\n\nfailed to comply with the conditions of release. The\n\ncourt shall then conduct a hearing to determine if the\n\nperson has violated the conditions of release. Notice\n\nof the hearing shall be issued, at least twenty-four\n\n(24) hours before the hearing, to the Department of\n\nHuman Services, the person, trial counsel for the\n\nperson, and the client advocate general of the\n\nDepartment of Human Services. After reviewing the\n\nevidence concerning any alleged violation of the\n\nconditions of the release, the person’s progress,\n\ntreatment alternatives, and the need for public\n\nsafety, the court may order no change to the\n\nconditions for the person’s release or modify the\n\nconditions of release, and\n\nd. the person placed on conditional release shall remain\n\nin a conditional release status until the reviewing\n\ncourt issues a full release from all conditions.\n\n2. If the person is determined by the Department of Human\n\nServices to have regained competency, a hearing shall be scheduled\n\nwithin twenty (20) days:\n\na. if found competent by the court or a jury after such\n\nrehearing, criminal proceedings shall be resumed,\n\nb. if the person is found to continue to be incompetent,\n\nthe person shall be returned to either conditional\n\nrelease or referred to the Department of Human\n\nServices for consideration of voluntary assistance.\n\nC. The Office of Public Guardian shall have standing to\n\nparticipate in any proceeding held pursuant to this section as\n\ndeemed necessary by the Office.","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":"d4cb042b54921477ac5db291051bca992219310653c835407f82f62727d97f8f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1175.6a","next":"us-ok/okla.-stat.-tit.-22-22-1175.6c"},"notice":"GroundRules: Original legal text. Not legal advice."}