Okla. Stat. tit. 22, § 22-1175.3

accused - Instructions to physician.

A. Upon filing of an application for determination of

competency, the court shall set a hearing date, which shall be as

soon as practicable, but at least one (1) day after service of

notice as provided by Section 1175.2 of this title.

B. The court shall hold a hearing on the date provided. At the

hearing, the court shall examine the application for determination

of competency to determine if it alleges facts sufficient to raise a

doubt as to the competency of the person. Any additional evidence

tending to create a doubt as to the competency of the person may be

presented at this hearing.

C. If the court finds there is no doubt as to the competency of

the person, it shall order the criminal proceedings to resume.

D. 1. a. If the court finds there is a doubt as to the

competency of the person, it shall order the person to

be examined by the Department of Mental Health and

Substance Abuse Services or by a qualified forensic

examiner designated by the Department to perform

competency examinations.

b. In addition, the Developmental Disabilities Services

Division and the Office of Public Guardian of the

Department of Human Services shall receive written

notice from the district attorney who filed the

Oklahoma Statutes - Title 22. Criminal Procedure Page 459

criminal petition, and be authorized by order of the

court to have a psychologist or other appropriate

clinician participate with professionals assigned by

any other public or private agency in any competency

evaluation where developmental or intellectual

disability may be involved. The psychologist or

clinician employed, by contract or otherwise, by the

Department of Human Services may issue a separate

opinion and recommendation to the court. In such

cases where intellectual disability may be involved,

the Office of Public Guardian shall have standing to

participate in any stage of the proceedings as deemed

necessary by the Office.

2. The person shall be examined by a qualified forensic

examiner on an outpatient basis prior to referral for any necessary

inpatient evaluation, as ordered by the court. The outpatient

examination may be conducted in the community, the jail or detention

facility where the person is held.

3. If the court determines that the person whose competency is

in question may be dangerous as defined in Section 1175.1 of this

title, it shall order the person retained in a secure facility until

the completion of the competency hearing provided in Section 1175.4

of this title. If the court determines the person may be dangerous

as defined in Section 1175.1 of this title because the individual is

a person requiring treatment as defined in Section 1-103 of Title

43A of the Oklahoma Statutes, it may commit the person to the

custody of the Department of Mental Health and Substance Abuse

Services or any other state agency or private facility for the

examination required by this subsection. The person shall be

required to undergo examination for a period of time sufficient for

the qualified forensic examiner or examiners to reach a conclusion

as to competency, and the court shall impose a reasonable time

limitation for such period of examination.

E. The qualified forensic examiner or examiners shall receive

instructions that they shall examine the patient to determine:

1. If the person is able to appreciate the nature of the

charges made against such person;

2. If the person is able to consult with the lawyer and

rationally assist in the preparation of the defense of such person;

3. If the person is unable to appreciate the nature of the

charges or to consult and rationally assist in the preparation of

the defense, whether the person can attain competency within a

reasonable period of time as defined in Section 1175.1 of this title

if provided with a course of treatment, therapy or training;

4. If the person is a person requiring treatment as defined by
such person;

3. If the person is unable to appreciate the nature of the

charges or to consult and rationally assist in the preparation of

the defense, whether the person can attain competency within a

reasonable period of time as defined in Section 1175.1 of this title

if provided with a course of treatment, therapy or training;

4. If the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes;

Oklahoma Statutes - Title 22. Criminal Procedure Page 460

5. If the person is incompetent because the person is

intellectually disabled as defined in Section 1408 of Title 10 of

the Oklahoma Statutes;

6. If the requirements of paragraphs 4 and 5 of this subsection

are not established, the reasoning for which the defendant is

otherwise incompetent; and

7. If the person were released, whether such person would

presently be dangerous as defined in Section 1175.1 of this title.

F. Upon completion of the competency evaluation, the Department

of Mental Health and Substance Abuse Services or qualified forensic

examiner designated by the Department to perform competency

examinations shall notify the court of its findings. If the person

is in the custody of the Department of Mental Health and Substance

Abuse Services, the person shall be returned to the court in the

customary manner within five (5) business days. If the person is

not returned within that time, the county in which the proceedings

are to be held shall pay the costs of maintaining the person at the

institution or facility for the period of time the person remains at

the institution or facility in excess of the five-day period.