Okla. Stat. tit. 22, § 22-1161

defect - Sentencing - Appeal - Examination – Treatment.

A. 1. An act committed by a person in a state of mental

illness or mental defect shall be adjudicated as guilty with mental

defect or as not guilty by reason of mental illness.

2. If a person is found guilty with mental defect or enters a

plea of guilty with mental defect which is accepted by the court,

the court at the time of sentencing shall impose any sentence that

could be imposed by law upon a person who is convicted of the same

offense, and the person shall serve the sentence in custody of a

county jail or the Oklahoma Department of Corrections.

3. If a person who is found guilty with mental defect is placed

on probation under the jurisdiction of the sentencing court as

provided by law, the court shall immediately issue an order for the

person to be examined by the Department of Mental Health and

Substance Abuse Services. The time and place of such examination

shall be determined by the Department. Within forty-five (45) days,

the Department shall provide to the court a recommendation of

treatment for the person, which shall be made a condition of

probation. Reports as specified by the trial judge shall be filed

with the probation officer and the sentencing court. Failure to

continue treatment, except by agreement with the treating agency and

the sentencing court, is grounds for revocation of probation.

Treatment shall be provided by an agency of the Department or, with

the approval of the sentencing court and at the expense of the

person, by private agencies, private physicians or other mental

health personnel. A psychiatric report shall be filed with the

probation officer and the sentencing court every six (6) months

during the period of probation.

4. When in any criminal action by indictment or information,

the defense of mental illness is raised, but the defendant is not

acquitted on the ground that the defendant was mentally ill at the

time of the commission of the crime charged, an issue concerning

such defense may be raised on appeal. If the appellate court finds

relief is required, the appellate court shall not have authority to

modify the judgment or sentence but will only have the authority to

order a new trial or order resentencing without recommendations to

sentencing.

5. When in any criminal action by indictment or information the

defense of mental illness is interposed either singly or in

conjunction with some other defense, the jury shall state in the

verdict, if it is one of acquittal, whether or not the defendant is

acquitted on the ground of mental illness. When the defendant is

Oklahoma Statutes - Title 22. Criminal Procedure Page 447

acquitted on the ground that the defendant was mentally ill at the

time of the commission of the crime charged, the person shall not be

discharged from custody until the court has made a determination

that the person is not dangerous to the public peace and safety and

is a person requiring treatment.

B. 1. To assist the court in its determination, the court

shall immediately issue an order for the person to be examined by

the Department of Mental Health and Substance Abuse Services at a

facility the Department has designated to examine and treat forensic

individuals. Upon the issuance of the order, the sheriff shall

deliver the person to the designated facility.

2. Within forty-five (45) days of the court entering such an

order, a hearing shall be conducted by the court to ascertain

whether the person is dangerous to the public peace or safety

because the person is a person requiring treatment or, if not, is in

need of continued supervision as a result of unresolved symptoms of

mental illness or a history of treatment noncompliance. During the

required period of hospitalization, the Department of Mental Health

and Substance Abuse Services shall have the person examined by two

qualified psychiatrists or one such psychiatrist and one qualified
e person is a person requiring treatment or, if not, is in

need of continued supervision as a result of unresolved symptoms of

mental illness or a history of treatment noncompliance. During the

required period of hospitalization, the Department of Mental Health

and Substance Abuse Services shall have the person examined by two

qualified psychiatrists or one such psychiatrist and one qualified

clinical psychologist whose training and experience enable the

professional to form expert opinions regarding mental illness,

competency, dangerousness and criminal responsibility.

C. 1. Each examiner shall, within thirty-five (35) days of

hospitalization, individually prepare and submit to the court, the

district attorney and the trial counsel of the person a report of

the psychiatric examination findings of the person and an evaluation

concerning whether the person is dangerous to the public peace or

safety.

2. If the court is dissatisfied with the reports or if a

disagreement on the issue of mental illness and dangerousness exists

between the two examiners, the court may designate one or more

additional examiners and have them submit their findings and

evaluations as specified in paragraph 1 of this subsection.

3. a. Within ten (10) days after the reports are filed, the

court must conduct a hearing to determine the present

condition of the person as to the issue of whether:

(1) the person is dangerous to the public peace or

safety because the person is a person requiring

treatment, or

(2) if not believed to be dangerous to the public

peace or safety, the person is in need of

continued supervision as a result of unresolved

symptoms of mental illness or a history of

treatment noncompliance.

b. The district attorney must establish the foregoing by

a preponderance of the evidence. At this hearing the

Oklahoma Statutes - Title 22. Criminal Procedure Page 448

person shall have the assistance of counsel and may

present independent evidence.

D. 1. If the court finds that the person is not dangerous to

the public peace or safety because the person is a person requiring

treatment and is not in need of continued supervision as a result of

unresolved symptoms of mental illness or a history of treatment

noncompliance, it shall immediately discharge the person from

hospitalization.

2. If the court finds that the person is dangerous to the

public peace and safety, it shall commit the person to the custody

of the Department of Mental Health and Substance Abuse Services.

The person shall then be subject to discharge pursuant to the

procedure set forth in this section.

a. During the period of hospitalization, the Department

of Mental Health and Substance Abuse Services may

administer or cause to be administered to the person

such psychiatric, medical or other therapeutic

treatment as in its judgment should be administered.

b. The person shall be subject to discharge or

conditional release pursuant to the procedures set

forth in this section.

E. If at any time the court finds the person is not dangerous

to the public peace or safety because the person is a person

requiring treatment, but is in need of continued supervision as a

result of unresolved symptoms of mental illness or a history of

treatment noncompliance, the court may:

1. Discharge the person pursuant to the procedure set forth in

this section;

2. Discharge the person, and upon the motion of the court or

the district attorney commence civil involuntary commitment

proceedings against the person pursuant to the provisions of Title

43A of the Oklahoma Statutes; or

3. Order conditional release, as set forth in subsection F of

this section.

F. There is hereby created a Forensic Review Board to be

composed of seven (7) members appointed by the Governor with the

advice and consent of the Senate. The Board members shall serve for

a term of five (5) years except that for members first appointed to
to the provisions of Title

43A of the Oklahoma Statutes; or

3. Order conditional release, as set forth in subsection F of

this section.

F. There is hereby created a Forensic Review Board to be

composed of seven (7) members appointed by the Governor with the

advice and consent of the Senate. The Board members shall serve for

a term of five (5) years except that for members first appointed to

the Board: one shall serve for a term ending December 31, 2008, two

shall serve for a term ending December 31, 2009, two shall serve a

term ending December 31, 2010, and two shall serve for a term ending

December 31, 2011.

1. The Board shall be composed of:

a. four licensed mental health professionals with

experience in treating mental illness, at least one of

whom is licensed as a Doctor of Medicine, a Doctor of

Osteopathy, or a licensed clinical psychologist and

Oklahoma Statutes - Title 22. Criminal Procedure Page 449

shall be appointed from a list of seven names

submitted to the Governor by the Department of Mental

Health and Substance Abuse Services,

b. one member who shall be an attorney licensed to

practice in this state and shall be appointed from a

list of not less than three names submitted to the

Governor by the Board of Governors of the Oklahoma Bar

Association,

c. one member who shall be a retired judge licensed to

practice in this state and shall be appointed from a

list of not less than three names submitted to the

Governor by the Judicial Nominating Committee, and

d. one at-large member.

The attorney and retired judge members of the Board shall be

prohibited from representing in the courts of this state persons

charged with felony offenses while serving on the Board.

2. The Board shall meet as necessary to determine which

individuals confined with the Department of Mental Health and

Substance Abuse Services are eligible for therapeutic visits,

conditional release or discharge and whether the Board wishes to

make such a recommendation to the court of the county where the

individual was found not guilty by reason of insanity or not guilty

by reason of mental illness for those persons adjudicated as such

upon or after November 1, 2016.

a. Forensic Review Board meetings shall not be considered

subject to the Oklahoma Open Meeting Act and are not

open to the public. Other than the Forensic Review

Board members, only the following individuals shall be

permitted to attend Board meetings:

(1) the individual the Board is considering for

therapeutic visits, conditional release or

discharge, his or her treatment advocate, and

members of his or her treatment team,

(2) the Commissioner of Mental Health and Substance

Abuse Services or designee,

(3) the Advocate General for the Department of Mental

Health and Substance Abuse Services or designee,

(4) the General Counsel for the Department of Mental

Health and Substance Abuse Services or designee,

and
itional release or

discharge, his or her treatment advocate, and

members of his or her treatment team,

(2) the Commissioner of Mental Health and Substance

Abuse Services or designee,

(3) the Advocate General for the Department of Mental

Health and Substance Abuse Services or designee,

(4) the General Counsel for the Department of Mental

Health and Substance Abuse Services or designee,

and

(5) any other persons the Board and Commissioner of

Mental Health and Substance Abuse Services wish

to be present.

b. The Department of Mental Health and Substance Abuse

Services shall provide administrative staff to the

Board to take minutes of meetings and prepare

necessary documents and correspondence for the Board

Oklahoma Statutes - Title 22. Criminal Procedure Page 450

to comply with its duties as set forth in this

section. The Department of Mental Health and

Substance Abuse Services shall also transport the

individuals being reviewed to and from the Board

meeting site.

c. The Board shall provide notice to the district

attorney of the county where the individual was found

not guilty by reason of mental illness at least forty-

five (45) days before meeting to determine eligibility

for therapeutic visits, conditional release, or

discharge.

d. The Board shall promulgate rules concerning the

granting and structure of therapeutic visits,

conditional releases and discharge.

e. For purposes of this subsection, “therapeutic visit”

means a scheduled time period off campus which

provides for progressive tests of the ability of the

consumer to maintain and demonstrate coping skills.

3. The Forensic Review Board shall submit any recommendation

for therapeutic visit, conditional release or discharge to the court

and district attorney of the county where the person was found not

guilty by reason of mental illness, the trial counsel of the person,

the Department of Mental Health and Substance Abuse Services and the

person at least fourteen (14) days prior to the scheduled visit.

a. The district attorney may file an objection to a

recommendation for a therapeutic visit within ten (10)

days of receipt of the notice.

b. If an objection is filed, the therapeutic visit is

stayed until a hearing is held. The court shall hold

a hearing not less than ten (10) days following an

objection to determine whether the therapeutic visit

is necessary for treatment, and if necessary, the

nature and extent of the visit.

4. During the period of hospitalization, the Department of

Mental Health and Substance Abuse Services shall submit an annual

report on the status of the person to the court, the district

attorney and the patient advocate general of the Department of

Mental Health and Substance Abuse Services.

G. Upon motion by the district attorney or upon a

recommendation for conditional release or discharge by the Forensic

Review Board, the court shall conduct a hearing to ascertain if the

person is dangerous and a person requiring treatment. This hearing

shall be conducted under the same procedure as the first hearing and

must occur not less than ten (10) days following the motion or

request by the Forensic Review Board.

1. If the court determines that the person continues to be

dangerous to the public peace and safety because the person is a

Oklahoma Statutes - Title 22. Criminal Procedure Page 451

person requiring treatment, it shall order the return of the person

to the hospital for additional treatment.

2. If the court determines that the person is not dangerous but

subject to certain conditions, the court may conditionally release

the person subject to the following:

a. the Forensic Review Board has made a recommendation

for conditional release, including a written plan for

outpatient treatment and a list of recommendations for

the court to place as conditions on the release,

b. in its order of conditional release, the court shall

specify conditions of release and shall direct the
the court may conditionally release

the person subject to the following:

a. the Forensic Review Board has made a recommendation

for conditional release, including a written plan for

outpatient treatment and a list of recommendations for

the court to place as conditions on the release,

b. in its order of conditional release, the court shall

specify conditions of release and shall direct the

appropriate agencies or persons to submit annual

reports regarding the compliance of the person with

the conditions of release and progress in treatment,

c. the person must agree, in writing, that during the

period the person is granted conditional release and

is subject to the provisions thereof, there shall be

free transmission of all pertinent information,

including clinical information regarding the person,

among the Department of Mental Health and Substance

Abuse Services, the appropriate community mental

health centers and the appropriate district attorneys,

law enforcement and court personnel,

d. the order of the court placing the person on

conditional release shall include notice that the

conditional release of the person may be revoked upon

good cause. The person placed on conditional release

shall remain under the supervision of the Department

of Mental Health and Substance Abuse Services until

the committing court enters a final discharge order.

The Department of Mental Health and Substance Abuse

Services shall assess the person placed on conditional

release annually and shall have the authority to

recommend discharge of the person to the Board, and

e. any agency or individual involved in providing

treatment with regard to the conditional release plan

of the person may prepare and file an affidavit under

oath if the agency or individual believes that the

person has failed to comply with the conditions of

release or that such person has progressed to the

point that inpatient care is appropriate.

(1) Any peace officer who receives such an affidavit

shall take the person into protective custody and

return the person to the forensic unit of the

state hospital.

(2) A hearing shall be conducted within three (3)

days, excluding holidays and weekends, after the

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person is returned to the forensic unit of the

state hospital to determine if the person has

violated the conditions of release, or if full-

time hospitalization is the least restrictive

alternative consistent with the needs of the

person and the need for public safety. Notice of

the hearing shall be issued, at least twenty-four

(24) hours before the hearing, to the hospital

superintendent, the person, trial counsel for the

person, and the patient advocate general of the

Department of Mental Health and Substance Abuse

Services. If the person requires hospitalization

because of a violation of the conditions of

release or because of progression to the point

that inpatient care is appropriate, the court may

then modify the conditions of release.

3. If the court determines that the person is not dangerous to

the public peace or safety because the person is not a person

requiring treatment, it shall order that the person be discharged

from the custody of the Department of Mental Health and Substance

Abuse Services.

H. As used in this section:

1. “Antisocial personality disorder” means antisocial

personality disorder as defined by the Diagnostic and Statistical

Manual of Mental Disorders, 5th Edition (DSM-5), or subsequent

editions;

2. “Court” or “sentencing court” means the court sitting in the

county where the person has been found to be not guilty by reason of

mental illness or guilty with mental defect;

3. “Dangerous” means a person who because of mental illness

poses a substantial risk of physical harm in the near future to

another person or persons. Dangerousness shall be determined by
5), or subsequent

editions;

2. “Court” or “sentencing court” means the court sitting in the

county where the person has been found to be not guilty by reason of

mental illness or guilty with mental defect;

3. “Dangerous” means a person who because of mental illness

poses a substantial risk of physical harm in the near future to

another person or persons. Dangerousness shall be determined by

such factors as whether the person has placed another person or

persons in a reasonable fear of violent behavior, and medication and

treatment compliance;

4. “Guilty with mental defect” means the person committed the

act and was either unable to understand the nature and consequences

of his or her actions or was unable to differentiate right from

wrong, and has been diagnosed with antisocial personality disorder

which substantially contributed to the act for which the person has

been charged;

5. “Mental defect” means the person has been diagnosed with

antisocial personality disorder which substantially contributed to

the act for which the person has been charged;

6. “Mental illness” means a substantial disorder of thought,

mood, perception, psychological orientation or memory that

Oklahoma Statutes - Title 22. Criminal Procedure Page 453

significantly impairs judgment, behavior, capacity to recognize

reality or ability to meet the ordinary demands of life;

7. “Not guilty by reason of mental illness” means the person

committed the act while mentally ill and was either unable to

understand the nature and consequences of his or her actions or was

unable to differentiate right from wrong, and has not been diagnosed

with antisocial personality disorder which substantially contributed

to the act for which the person has been charged; and

8. a. “Person requiring treatment” means a person who

because of mental illness:

(1) poses a substantial risk of physical harm to self

as manifested by evidence or serious threats of

or attempts at suicide or other significant self-

inflicted bodily harm,

(2) poses a substantial risk of physical harm to

another person or persons as manifested by

evidence of violent behavior directed toward

another person or persons,

(3) has placed another person or persons in

reasonable fear of serious physical harm or

violent behavior directed toward such person or

persons as manifested by serious and immediate

threats,

(4) is in a condition of severe deterioration such

that, without immediate intervention, there

exists a substantial risk that severe impairment

or injury will result to the person, or

(5) poses a substantial risk of serious physical

injury to self or death as manifested by evidence

that the person is unable to provide for and is

not providing for his or her basic physical

needs.

b. The mental health or substance abuse history of the

person may be used as part of the evidence to

determine whether the person is a person requiring

treatment. The mental health or substance abuse

history of the person shall not be the sole basis for

this determination.

c. Unless a person also meets the criteria established in

subparagraph a of this paragraph, “person requiring

treatment” shall not mean:

(1) a person whose mental processes have been

weakened or impaired by reason of advanced years,

dementia or Alzheimer’s disease,

(2) a person with intellectual or developmental

disability as defined in Title 10 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 454

(3) a person with seizure disorder, or
s paragraph, “person requiring

treatment” shall not mean:

(1) a person whose mental processes have been

weakened or impaired by reason of advanced years,

dementia or Alzheimer’s disease,

(2) a person with intellectual or developmental

disability as defined in Title 10 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 454

(3) a person with seizure disorder, or

(4) a person with a traumatic brain injury.

I. Proceedings hereunder may be held in conformance with the

provisions of Section 3006 of Title 20 of the Oklahoma Statutes for

allowable use of videoconferencing.

R.L. 1910, § 6049. Amended by Laws 1935, p. 19, § 1, emerg. eff.

May 8, 1935; Laws 1975, c. 92, § 1; Laws 1983, c. 94, § 1, eff. Nov.

1, 1983; Laws 1990, c. 51, § 16, emerg. eff. April 9, 1990; Laws

2000, c. 421, § 1, eff. Nov. 1, 2000; Laws 2004, c. 188, § 1, eff.

Nov. 1, 2004; Laws 2007, c. 358, § 8, eff. July 1, 2007; Laws 2008,

c. 39, § 1, eff. Nov. 1, 2008; Laws 2016, c. 279, § 1, eff. Nov. 1,

2016; Laws 2017, c. 375, § 1, eff. Nov. 1, 2017; Laws 2019, c. 475,

§ 20, eff. Nov. 1, 2019; Laws 2025, c. 68, § 1, eff. Nov. 1, 2025.