Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2179 By: Haste
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; requiring the
7 Department of Mental Health and Substance Abuse
8 Services to prepare certain individualized service
8 plan; requiring certain psychological evaluation;
9 providing timing requirements; stipulating
9 requirements for development of plan; requiring
10 evidentiary hearing under certain conditions;
10 providing for incorporation of plan into court's
11 disposition; requiring plan to be signed by certain
11 individuals; describing plan; specifying contents and
12 standards of plan; requiring certain periodic review
12 hearings; specifying certain review procedures;
13 providing for early review under certain condition;
13 providing certain construction; imposing certain duty
14 on the Department; providing for codification; and
14 providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 1161.1 of Title 22, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. The Department of Mental Health and Substance Abuse Services
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22 shall prepare and maintain a written individualized service plan for
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23 any person who has been adjudicated to be not guilty by reason of
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24 mental illness (NGRI/MI) as provided by this section. Upon
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1 admission of such person, the Department shall conduct a
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2 comprehensive psychological evaluation to include any relevant
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3 psychological testing, structured risk assessment, and treatment
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4 recommendations. The evaluation shall be conducted by a board
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5 certified or board eligible forensically trained psychiatrist.
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6 B. The individualized service plan shall be furnished to the
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7 court within forty-five (45) days after the adjudication of the
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8 person and shall be made available to counsel for the parties.
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9 C. 1. The individualized service plan shall be based upon the
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10 comprehensive psychological and psychiatric evaluation described in
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11 subsection A of this section together with any other collateral
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12 information and shall be developed with the participation of the
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13 person and his or her support system as deemed appropriate and
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14 legally authorized. The individualized service plan shall further
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15 the protection of the public and the health and safety of the
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16 individual.
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17 2. If any part of the plan is disputed or denied by the court,
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18 an evidentiary hearing may be held. At the conclusion of the
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19 hearing, the court shall determine the contents of the
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20 individualized service plan in accord with the evidence presented
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21 and the best interests of the individual.
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22 3. When approved by the court, each individualized service plan
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23 shall be incorporated and made a part of the dispositional order of
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24 the court.
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1 4. The plan shall be signed by:
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2 a. the individual,
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3 b. the attorney for the individual,
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4 c. the treating physician of the Department, and
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5 d. the medical director of the Department for the NGRI/MI
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6 population.
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7 D. Every service plan prepared shall be individualized and
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8 specific to each individual. The individualized service plan:
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9 1. Shall be written in simple and clear English. If English is
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10 not the principal language of the individual, and such person is
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11 unable to read or comprehend the English language, to the extent
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12 possible the plan shall be written in the principal language of the
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13 person;
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14 2. May be modified based on changing circumstances consistent
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15 with the identified needs of the individual and the protection of
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16 the public;
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17 3. Shall be measurable, realistic, and consistent with the
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18 requirements of other court orders; and
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19 4. Shall follow clinical standards of forensic mental health
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20 service delivery by qualified mental health providers.
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21 E. The individualized service plan shall include, but not be
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22 limited to:
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23 1. A statement of the incident facts upon which the individual
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24 was found to be not guilty by reason of mental illness;
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1 2. A history of the individual and his or her family, including
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2 previous mental health and substance use related incidents,
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3 treatment episodes, and diagnosis;
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4 3. Identification of services to be provided to the individual,
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5 to include evidence-based clinical services, psychotropic
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6 medication, psychotherapy and therapeutic intervention,
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7 psychoeducation, educational or vocational services, and any other
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8 clinical activities deemed relevant and necessary to minimize
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9 symptom impairment from their severe mental disease and maximize
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10 functioning;
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11 4. Structured standardized risk assessments, which shall be
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12 completed at a minimum annually by qualified forensic examiners;
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13 5. The most recent available health, mental health,
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14 educational, and justice system records of the individual, which
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15 shall be provided to the court upon the court's request including:
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16 a. the names and addresses of the individual's providers,
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17 b. information regarding special education, disability
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18 services, or other relevant and known information
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19 pertaining to disability, if applicable,
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20 c. the individual's known medical problems, including any
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21 known communicable diseases,
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22 d. the individual's medications, and
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23 e. any other relevant health, mental health and substance
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24 use, and education information;
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1 6. A schedule of the frequency of services and the means by
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2 which delivery of the services will be assured or, as necessary, the
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3 proposed means by which support services or other assistance will be
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4 provided to enable the individual to obtain the services;
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5 7. The name of the social worker or case manager assigned to
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6 the case;
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7 8. The name and business address of the attorney representing
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8 the individual;
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9 9. The name of the psychiatrists rendering treatment;
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10 10. The name of the licensed clinician rendering therapeutic
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11 interventions; and
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12 11. The name of the patient advocate for the individual.
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13 F. The court shall conduct periodic review hearings following
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14 the adoption of the individualized service plan. The Department
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15 shall prepare a report to the court ten (10) days prior to each
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16 review hearing, which shall be provided to the court, counsel for
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17 the individual, the district attorney, and the Forensic Review
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18 Board. The court is not limited in the number or frequency of
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19 review hearings it may conduct in reviewing the status of the
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20 individual except as follows:
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21 1. In the first year following the initial adoption of the
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22 individualized service plan, the court shall conduct no less than
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23 four quarterly review hearings and require updated reports to be
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24 submitted; and
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1 2. In the second and subsequent years, as necessary, the court
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2 shall conduct no less than two semiannual review hearings. The
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3 court may schedule more depending upon the facts and circumstances
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4 of each case. The court may conduct more frequent hearings if the
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5 individual is demonstrating progress in treatment.
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6 G. 1. If, in the opinion of the court, the individual has made
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7 significant progress in treatment, the court may require the
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8 Forensic Review Board to conduct its annual review earlier so that
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9 the court may make subsequent decisions upon the continued treatment
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10 and placement of the individual.
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11 2. In its review of the individual's case, the court shall give
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12 consideration to concerns for the safety of the public based upon a
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13 current risk assessment, the underlying facts resulting in the
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14 individual's adjudication of being not guilty by reason of mental
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15 illness, the progress of the individual according to the service
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16 plan, the recommendations of the treatment provider or providers,
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17 and the input of any affected victims.
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18 3. Prior to the hearing, counsel for the individual shall meet
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19 with the individual in person or by remote video means to discuss
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20 the Department's report to the court.
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21 4. Nothing in this section shall preclude:
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22 a. the Department, the court, counsel for the individual,
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23 or the district attorney from requesting an
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1 accelerated review hearing based upon a change in
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2 circumstances for the individual, or
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3 b. an individual who is already in the care, custody,
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4 control, and supervision of the Department from
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5 requesting a review hearing for the purpose of
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6 establishing a written individualized service plan in
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7 accordance with this section.
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8 H. The Department shall ensure that all individuals, previously
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9 adjudicated as not guilty by reason of mental illness and within its
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10 care, custody, control, and supervision, have a written
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11 individualized service plan in accordance with this section. The
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12 individualized service plan shall be filed of record in the case
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13 prior to the next scheduled review hearing, unless granted leave of
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14 the court due to limited time constraints, but in no circumstances
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15 more than one year after the effective date of this act.
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16 SECTION 2. This act shall become effective November 1, 2026.
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18 60-2-3157 TEK 1/15/2026 2:45:35 PM
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Req. No. 3157 Page 7Every fact on this page links to its source, starting with the official bill record.