Okla. Stat. tit. 22, § 22-1175.6a
This is the official text of Okla. Stat. tit. 22, § 22-1175.6a, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Person capable of achieving competence within
Official statutory text
reasonable time - Suspension of criminal proceedings - Civil
commitment.
A. If the person is found to be incompetent prior to conviction
because he or she is a person requiring treatment as defined in
Section 1-103 of Title 43A of the Oklahoma Statutes, but capable of
achieving competence with treatment within a reasonable period of
time as defined by Section 1175.1 of this title, the court shall
suspend the criminal proceedings and order the Department of Mental
Health and Substance Abuse Services to provide treatment, therapy or
training which is calculated to allow the person to achieve
competency. The Department may designate a willing entity to
provide such competency restoration services on behalf of the
Department, provided the entity has qualified personnel. The court
shall further order the Department to take custody of the individual
as soon as a forensic bed becomes available, unless both the
Department and the county jail where the person is being held
determine that it is in the best interests of the person to remain
in the county jail. Such competency restoration services shall
begin within a reasonable period of time after the court has
determined that the person is not competent to stand trial.
The person shall remain in the custody of the county jail until
such time as the Department has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the person
shall be transferred to the Department.
B. The Department of Mental Health and Substance Abuse Services
or designee shall make periodic reports to the court as to the
competency of the defendant.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Section 1-103 of Title 43A
of the Oklahoma Statutes, a hearing shall be scheduled within twenty
(20) days:
1. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
Oklahoma Statutes - Title 22. Criminal Procedure Page 464
2. If the person is found to continue to be incompetent because
the person is a person requiring treatment as defined in Section 1-
103 of Title 43A of the Oklahoma Statutes, the person shall be
returned to the custody of the Department of Mental Health and
Substance Abuse Services or designee;
3. If the person is found to be incompetent because the person
is an individual with intellectual disability as defined by Section
1408 of Title 10 of the Oklahoma Statutes, the court shall issue the
appropriate order as set forth in Section 1175.6b of this title;
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is an individual with intellectual disability as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, and is also
found to be not dangerous as defined by Section 1175.1 of this
title, the court shall issue the appropriate order as set forth in
Section 1175.6b of this title; or
5. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is an individual with intellectual disability as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, but is also
found to be dangerous as defined by Section 1175.1 of this title,
the court shall issue the appropriate order as set forth in Section
1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1-103 of Title
43A of the Oklahoma Statutes, but not capable of achieving
Title 10 of the Oklahoma Statutes, but is also
found to be dangerous as defined by Section 1175.1 of this title,
the court shall issue the appropriate order as set forth in Section
1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1-103 of Title
43A of the Oklahoma Statutes, but not capable of achieving
competence with treatment within a reasonable period of time as
defined by Section 1175.1 of this title, the court shall commence
civil commitment proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the criminal
proceeding. If the person is subsequently committed to the
Department of Mental Health and Substance Abuse Services pursuant to
Title 43A of the Oklahoma Statutes, the statute of limitations for
the criminal charges which were dismissed by the court shall be
tolled until the person is discharged from the Department of Mental
Health and Substance Abuse Services pursuant to Section 7-101 of
Title 43A of the Oklahoma Statutes.
E. For a person undergoing competency restoration services,
within thirty (30) days after the expiration of the reasonable
period of time as defined by Section 1175.1 of this title, the court
shall hold a hearing to determine whether the person has been
restored to competency.
1. No less than fifteen (15) days prior to the hearing the
Department of Mental Health and Substance Abuse Services shall
submit a report to the court, the person’s attorney, and the
Oklahoma Statutes - Title 22. Criminal Procedure Page 465
prosecuting agency detailing the person’s status and progress in
being restored to competency including the person’s historical and
current compliance with medication and treatment and a plan for
competency restoration if additional competency restoration services
are ordered by the court.
2. If the court determines that the person has been restored to
competency, the criminal proceedings shall resume.
3. If the court determines that the person has not been
restored to competency, the court shall determine whether additional
competency restoration services are likely to be beneficial in
restoring the person to competency. If the court finds by a
preponderance of the evidence that additional competency restoration
services are:
a. likely to be beneficial in restoring the person to
competency, the court shall order the person to remain
in or be transferred to the custody of the Department
which shall continue to provide treatment, therapy, or
training calculated to restore the person to
competency for a period of time not to exceed the
lesser of an additional two (2) years or the maximum
sentence specified for the most serious offense with
which the defendant is charged, or
b. not likely to be beneficial in restoring the person to
competency, the court shall commence civil commitment
proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the
criminal proceeding. If the person is subsequently
committed to the Department pursuant to Title 43A of
the Oklahoma Statutes, the statute of limitations for
the criminal charges which were dismissed by the court
shall be tolled until the person is discharged from
the Department pursuant to Section 7-101 of Title 43A
of the Oklahoma Statutes.
commitment.
A. If the person is found to be incompetent prior to conviction
because he or she is a person requiring treatment as defined in
Section 1-103 of Title 43A of the Oklahoma Statutes, but capable of
achieving competence with treatment within a reasonable period of
time as defined by Section 1175.1 of this title, the court shall
suspend the criminal proceedings and order the Department of Mental
Health and Substance Abuse Services to provide treatment, therapy or
training which is calculated to allow the person to achieve
competency. The Department may designate a willing entity to
provide such competency restoration services on behalf of the
Department, provided the entity has qualified personnel. The court
shall further order the Department to take custody of the individual
as soon as a forensic bed becomes available, unless both the
Department and the county jail where the person is being held
determine that it is in the best interests of the person to remain
in the county jail. Such competency restoration services shall
begin within a reasonable period of time after the court has
determined that the person is not competent to stand trial.
The person shall remain in the custody of the county jail until
such time as the Department has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the person
shall be transferred to the Department.
B. The Department of Mental Health and Substance Abuse Services
or designee shall make periodic reports to the court as to the
competency of the defendant.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Section 1-103 of Title 43A
of the Oklahoma Statutes, a hearing shall be scheduled within twenty
(20) days:
1. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
Oklahoma Statutes - Title 22. Criminal Procedure Page 464
2. If the person is found to continue to be incompetent because
the person is a person requiring treatment as defined in Section 1-
103 of Title 43A of the Oklahoma Statutes, the person shall be
returned to the custody of the Department of Mental Health and
Substance Abuse Services or designee;
3. If the person is found to be incompetent because the person
is an individual with intellectual disability as defined by Section
1408 of Title 10 of the Oklahoma Statutes, the court shall issue the
appropriate order as set forth in Section 1175.6b of this title;
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is an individual with intellectual disability as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, and is also
found to be not dangerous as defined by Section 1175.1 of this
title, the court shall issue the appropriate order as set forth in
Section 1175.6b of this title; or
5. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is an individual with intellectual disability as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, but is also
found to be dangerous as defined by Section 1175.1 of this title,
the court shall issue the appropriate order as set forth in Section
1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1-103 of Title
43A of the Oklahoma Statutes, but not capable of achieving
Title 10 of the Oklahoma Statutes, but is also
found to be dangerous as defined by Section 1175.1 of this title,
the court shall issue the appropriate order as set forth in Section
1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1-103 of Title
43A of the Oklahoma Statutes, but not capable of achieving
competence with treatment within a reasonable period of time as
defined by Section 1175.1 of this title, the court shall commence
civil commitment proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the criminal
proceeding. If the person is subsequently committed to the
Department of Mental Health and Substance Abuse Services pursuant to
Title 43A of the Oklahoma Statutes, the statute of limitations for
the criminal charges which were dismissed by the court shall be
tolled until the person is discharged from the Department of Mental
Health and Substance Abuse Services pursuant to Section 7-101 of
Title 43A of the Oklahoma Statutes.
E. For a person undergoing competency restoration services,
within thirty (30) days after the expiration of the reasonable
period of time as defined by Section 1175.1 of this title, the court
shall hold a hearing to determine whether the person has been
restored to competency.
1. No less than fifteen (15) days prior to the hearing the
Department of Mental Health and Substance Abuse Services shall
submit a report to the court, the person’s attorney, and the
Oklahoma Statutes - Title 22. Criminal Procedure Page 465
prosecuting agency detailing the person’s status and progress in
being restored to competency including the person’s historical and
current compliance with medication and treatment and a plan for
competency restoration if additional competency restoration services
are ordered by the court.
2. If the court determines that the person has been restored to
competency, the criminal proceedings shall resume.
3. If the court determines that the person has not been
restored to competency, the court shall determine whether additional
competency restoration services are likely to be beneficial in
restoring the person to competency. If the court finds by a
preponderance of the evidence that additional competency restoration
services are:
a. likely to be beneficial in restoring the person to
competency, the court shall order the person to remain
in or be transferred to the custody of the Department
which shall continue to provide treatment, therapy, or
training calculated to restore the person to
competency for a period of time not to exceed the
lesser of an additional two (2) years or the maximum
sentence specified for the most serious offense with
which the defendant is charged, or
b. not likely to be beneficial in restoring the person to
competency, the court shall commence civil commitment
proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the
criminal proceeding. If the person is subsequently
committed to the Department pursuant to Title 43A of
the Oklahoma Statutes, the statute of limitations for
the criminal charges which were dismissed by the court
shall be tolled until the person is discharged from
the Department pursuant to Section 7-101 of Title 43A
of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.