This bill amends various sections of the Oklahoma Statutes related to criminal procedures for determining a defendant's competency to stand trial. Key changes include the deletion of certain notice and affidavit requirements, which simplifies the process for notifying relevant parties about competency hearings. The bill extends the time limit for scheduling these hearings from seventy-two hours to thirty days, allowing for a more thorough examination of the defendant's competency. Additionally, it authorizes courts to issue orders for medications and injectables to assist in restoring competency, and mandates the Department of Mental Health and Substance Abuse Services to prepare and submit regular reports to the court regarding the defendant's competency status.
The bill also outlines the procedures for hearings on competency determinations, including the right to a jury trial if requested, and specifies that the burden of proof lies with the presumption of competency. If a defendant is found incompetent but capable of achieving competency with treatment, the court will suspend criminal proceedings and order appropriate treatment. The bill further establishes protocols for ongoing assessments of the defendant's competency and the potential for civil commitment if the individual is deemed unable to achieve competency within a reasonable timeframe. The effective date for these changes is set for November 1, 2026.
Statutes affected: Introduced: 22-1175.4, 22-1175.6a