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
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 497 By: Weaver
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to criminal procedure; amending 22
7 O.S. 2021, Section 1161, which relates to acts
8 committed by persons with mental illness or mental
8 defect; requiring Forensic Review Board to provide
9 certain notice to district attorney; updating
9 statutory language; and providing an effective date.
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1161, is
13
14 amended to read as follows:
14
15 Section 1161. A. 1. An act committed by a person in a state
15
16 of mental illness or mental defect shall be adjudicated as guilty
16
17 with mental defect or as not guilty by reason of mental illness.
17
18 2. If a person is found guilty with mental defect or enters a
18
19 plea of guilty with mental defect which is accepted by the court,
19
20 the court at the time of sentencing shall impose any sentence that
20
21 could be imposed by law upon a person who is convicted of the same
21
22 offense, and the person shall serve the sentence in custody of a
22
23 county jail or the Oklahoma Department of Corrections.
23
24
24
Req. No. 471 Page 1
1 3. If a person who is found guilty with mental defect is placed
1
2 on probation under the jurisdiction of the sentencing court as
2
3 provided by law, the court shall immediately issue an order for the
3
4 person to be examined by the Department of Mental Health and
4
5 Substance Abuse Services. The time and place of such examination
5
6 shall be determined by the Department. Within forty-five (45) days,
6
7 the Department shall provide to the court a recommendation of
7
8 treatment for the person, which shall be made a condition of
8
9 probation. Reports as specified by the trial judge shall be filed
9
10 with the probation officer and the sentencing court. Failure to
10
11 continue treatment, except by agreement with the treating agency and
11
12 the sentencing court, is grounds for revocation of probation.
12
13 Treatment shall be provided by an agency of the Department or, with
13
14 the approval of the sentencing court and at the expense of the
14
15 person, by private agencies, private physicians or other mental
15
16 health personnel. A psychiatric report shall be filed with the
16
17 probation officer and the sentencing court every six (6) months
17
18 during the period of probation.
18
19 4. When in any criminal action by indictment or information,
19
20 the defense of mental illness is raised, but the defendant is not
20
21 acquitted on the ground that the defendant was mentally ill at the
21
22 time of the commission of the crime charged, an issue concerning
22
23 such defense may be raised on appeal. If the appellate court finds
23
24 relief is required, the appellate court shall not have authority to
24
Req. No. 471 Page 2
1 modify the judgment or sentence, but will only have the authority to
1
2 order a new trial or order resentencing without recommendations to
2
3 sentencing.
3
4 5. When in any criminal action by indictment or information the
4
5 defense of mental illness is interposed either singly or in
5
6 conjunction with some other defense, the jury shall state in the
6
7 verdict, if it is one of acquittal, whether or not the defendant is
7
8 acquitted on the ground of mental illness. When the defendant is
8
9 acquitted on the ground that the defendant was mentally ill at the
9
10 time of the commission of the crime charged, the person shall not be
10
11 discharged from custody until the court has made a determination
11
12 that the person is not dangerous to the public peace and safety and
12
13 is a person requiring treatment.
13
14 B. 1. To assist the court in its determination, the court
14
15 shall immediately issue an order for the person to be examined by
15
16 the Department of Mental Health and Substance Abuse Services at a
16
17 facility the Department has designated to examine and treat forensic
17
18 individuals. Upon the issuance of the order, the sheriff shall
18
19 deliver the person to the designated facility.
19
20 2. Within forty-five (45) days of the court entering such an
20
21 order, a hearing shall be conducted by the court to ascertain
21
22 whether the person is dangerous to the public peace or safety
22
23 because the person is a person requiring treatment or, if not, is in
23
24 need of continued supervision as a result of unresolved symptoms of
24
Req. No. 471 Page 3
1 mental illness or a history of treatment noncompliance. During the
1
2 required period of hospitalization, the Department of Mental Health
2
3 and Substance Abuse Services shall have the person examined by two
3
4 qualified psychiatrists or one such psychiatrist and one qualified
4
5 clinical psychologist whose training and experience enable the
5
6 professional to form expert opinions regarding mental illness,
6
7 competency, dangerousness and criminal responsibility.
7
8 C. 1. Each examiner shall, within thirty-five (35) days of
8
9 hospitalization, individually prepare and submit to the court, the
9
10 district attorney and the trial counsel of the person a report of
10
11 the psychiatric examination findings of the person and an evaluation
11
12 concerning whether the person is dangerous to the public peace or
12
13 safety.
13
14 2. If the court is dissatisfied with the reports or if a
14
15 disagreement on the issue of mental illness and dangerousness exists
15
16 between the two examiners, the court may designate one or more
16
17 additional examiners and have them submit their findings and
17
18 evaluations as specified in paragraph 1 of this subsection.
18
19 3. a. Within ten (10) days after the reports are filed, the
19
20 court must conduct a hearing to determine the present
20
21 condition of the person as to the issue of whether:
21
22 (1) the person is dangerous to the public peace or
22
23 safety because the person is a person requiring
23
24 treatment, or
24
Req. No. 471 Page 4
1 (2) if not believed to be dangerous to the public
1
2 peace or safety, the person is in need of
2
3 continued supervision as a result of unresolved
3
4 symptoms of mental illness or a history of
4
5 treatment noncompliance.
5
6 b. The district attorney must establish the foregoing by
6
7 a preponderance of the evidence. At this hearing the
7
8 person shall have the assistance of counsel and may
8
9 present independent evidence.
9
10 D. 1. If the court finds that the person is not dangerous to
10
11 the public peace or safety because the person is a person requiring
11
12 treatment and is not in need of continued supervision as a result of
12
13 unresolved symptoms of mental illness or a history of treatment
13
14 noncompliance, it shall immediately discharge the person from
14
15 hospitalization.
15
16 2. If the court finds that the person is dangerous to the
16
17 public peace and safety, it shall commit the person to the custody
17
18 of the Department of Mental Health and Substance Abuse Services.
18
19 The person shall then be subject to discharge pursuant to the
19
20 procedure set forth in this section.
20
21 a. During the period of hospitalization, the Department
21
22 of Mental Health and Substance Abuse Services may
22
23 administer or cause to be administered to the person
23
24
24
Req. No. 471 Page 5
1 such psychiatric, medical or other therapeutic
1
2 treatment as in its judgment should be administered.
2
3 b. The person shall be subject to discharge or
3
4 conditional release pursuant to the procedures set
4
5 forth in this section.
5
6 E. If at any time the court finds the person is not dangerous
6
7 to the public peace or safety because the person is a person
7
8 requiring treatment, but is in need of continued supervision as a
8
9 result of unresolved symptoms of mental illness or a history of
9
10 treatment noncompliance, the court may:
10
11 1. Discharge the person pursuant to the procedure set forth in
11
12 this section;
12
13 2. Discharge the person, and upon the motion of the court or
13
14 the district attorney commence civil involuntary commitment
14
15 proceedings against the person pursuant to the provisions of Title
15
16 43A of the Oklahoma Statutes; or
16
17 3. Order conditional release, as set forth in subsection F of
17
18 this section.
18
19 F. There is hereby created a Forensic Review Board to be
19
20 composed of seven (7) members appointed by the Governor with the
20
21 advice and consent of the Senate. The Board members shall serve for
21
22 a term of five (5) years except that for members first appointed to
22
23 the Board: one shall serve for a term ending December 31, 2008, two
23
24 shall serve for a term ending December 31, 2009, two shall serve a
24
Req. No. 471 Page 6
1 term ending December 31, 2010, and two shall serve for a term ending
1
2 December 31, 2011.
2
3 1. The Board shall be composed of:
3
4 a. four licensed mental health professionals with
4
5 experience in treating mental illness, at least one of
5
6 whom is licensed as a Doctor of Medicine, a Doctor of
6
7 Osteopathy, or a licensed clinical psychologist and
7
8 shall be appointed from a list of seven names
8
9 submitted to the Governor by the Department of Mental
9
10 Health and Substance Abuse Services,
10
11 b. one member who shall be an attorney licensed to
11
12 practice in this state and shall be appointed from a
12
13 list of not less than three names submitted to the
13
14 Governor by the Board of Governors of the Oklahoma Bar
14
15 Association,
15
16 c. one member who shall be a retired judge licensed to
16
17 practice in this state and shall be appointed from a
17
18 list of not less than three names submitted to the
18
19 Governor by the Judicial Nominating Committee, and
19
20 d. one at-large member.
20
21 The attorney and retired judge members of the Board shall be
21
22 prohibited from representing in the courts of this state persons
22
23 charged with felony offenses while serving on the Board.
23
24
24
Req. No. 471 Page 7
1 2. The Board shall meet as necessary to determine which
1
2 individuals confined with the Department of Mental Health and
2
3 Substance Abuse Services are eligible for therapeutic visits,
3
4 conditional release or discharge and whether the Board wishes to
4
5 make such a recommendation to the court of the county where the
5
6 individual was found not guilty by reason of insanity or not guilty
6
7 by reason of mental illness for those persons adjudicated as such
7
8 upon or after November 1, 2016.
8
9 a. Forensic Review Board meetings shall not be considered
9
10 subject to the Oklahoma Open Meeting Act and are not
10
11 open to the public. Other than the Forensic Review
11
12 Board members, only the following individuals shall be
12
13 permitted to attend Board meetings:
13
14 (1) the individual the Board is considering for
14
15 therapeutic visits, conditional release or
15
16 discharge, his or her treatment advocate, and
16
17 members of his or her treatment team,
17
18 (2) the Commissioner of Mental Health and Substance
18
19 Abuse Services or designee,
19
20 (3) the Advocate General for the Department of Mental
20
21 Health and Substance Abuse Services or designee,
21
22 (4) the General Counsel for the Department of Mental
22
23 Health and Substance Abuse Services or designee,
23
24 and
24
Req. No. 471 Page 8
1 (5) any other persons the Board and Commissioner of
1
2 Mental Health and Substance Abuse Services wish
2
3 to be present.
3
4 b. The Department of Mental Health and Substance Abuse
4
5 Services shall provide administrative staff to the
5
6 Board to take minutes of meetings and prepare
6
7 necessary documents and correspondence for the Board
7
8 to comply with its duties as set forth in this
8
9 section. The Department of Mental Health and
9
10 Substance Abuse Services shall also transport the
10
11 individuals being reviewed to and from the Board
11
12 meeting site.
12
13 c. The Board shall provide notice to the district
13
14 attorney of the county where the individual was found
14
15 not guilty by reason of mental illness at least forty-
15
16 five (45) days before meeting to determine eligibility
16
17 for therapeutic visits, conditional release, or
17
18 discharge.
18
19 d. The Board shall promulgate rules concerning the
19
20 granting and structure of therapeutic visits,
20
21 conditional releases and discharge.
21
22 d. e. For purposes of this subsection, "therapeutic visit"
22
23 means a scheduled time period off campus which
23
24
24
Req. No. 471 Page 9
1 provides for progressive tests of the ability of the
1
2 consumer to maintain and demonstrate coping skills.
2
3 3. The Forensic Review Board shall submit any recommendation
3
4 for therapeutic visit, conditional release or discharge to the court
4
5 and district attorney of the county where the person was found not
5
6 guilty by reason of mental illness, the trial counsel of the person,
6
7 the Department of Mental Health and Substance Abuse Services and the
7
8 person at least fourteen (14) days prior to the scheduled visit.
8
9 a. The district attorney may file an objection to a
9
10 recommendation for a therapeutic visit within ten (10)
10
11 days of receipt of the notice.
11
12 b. If an objection is filed, the therapeutic visit is
12
13 stayed until a hearing is held. The court shall hold
13
14 a hearing not less than ten (10) days following an
14
15 objection to determine whether the therapeutic visit
15
16 is necessary for treatment, and if necessary, the
16
17 nature and extent of the visit.
17
18 4. During the period of hospitalization, the Department of
18
19 Mental Health and Substance Abuse Services shall submit an annual
19
20 report on the status of the person to the court, the district
20
21 attorney and the patient advocate general of the Department of
21
22 Mental Health and Substance Abuse Services.
22
23 G. Upon motion by the district attorney or upon a
23
24 recommendation for conditional release or discharge by the Forensic
24
Req. No. 471 Page 10
1 Review Board, the court shall conduct a hearing to ascertain if the
1
2 person is dangerous and a person requiring treatment. This hearing
2
3 shall be conducted under the same procedure as the first hearing and
3
4 must occur not less than ten (10) days following the motion or
4
5 request by the Forensic Review Board.
5
6 1. If the court determines that the person continues to be
6
7 dangerous to the public peace and safety because the person is a
7
8 person requiring treatment, it shall order the return of the person
8
9 to the hospital for additional treatment.
9
10 2. If the court determines that the person is not dangerous but
10
11 subject to certain conditions, the court may conditionally release
11
12 the person subject to the following:
12
13 a. the Forensic Review Board has made a recommendation
13
14 for conditional release, including a written plan for
14
15 outpatient treatment and a list of recommendations for
15
16 the court to place as conditions on the release,
16
17 b. in its order of conditional release, the court shall
17
18 specify conditions of release and shall direct the
18
19 appropriate agencies or persons to submit annual
19
20 reports regarding the compliance of the person with
20
21 the conditions of release and progress in treatment,
21
22 c. the person must agree, in writing, that during the
22
23 period the person is granted conditional release and
23
24 is subject to the provisions thereof, there shall be
24
Req. No. 471 Page 11
1 free transmission of all pertinent information,
1
2 including clinical information regarding the person,
2
3 among the Department of Mental Health and Substance
3
4 Abuse Services, the appropriate community mental
4
5 health centers and the appropriate district attorneys,
5
6 law enforcement and court personnel,
6
7 d. the order of the court placing the person on
7
8 conditional release shall include notice that the
8
9 conditional release of the person may be revoked upon
9
10 good cause. The person placed on conditional release
10
11 shall remain under the supervision of the Department
11
12 of Mental Health and Substance Abuse Services until
12
13 the committing court enters a final discharge order.
13
14 The Department of Mental Health and Substance Abuse
14
15 Services shall assess the person placed on conditional
15
16 release annually and shall have the authority to
16
17 recommend discharge of the person to the Board, and
17
18 e. any agency or individual involved in providing
18
19 treatment with regard to the conditional release plan
19
20 of the person may prepare and file an affidavit under
20
21 oath if the agency or individual believes that the
21
22 person has failed to comply with the conditions of
22
23 release or that such person has progressed to the
23
24 point that inpatient care is appropriate.
24
Req. No. 471 Page 12
1 (1) Any peace officer who receives such an affidavit
1
2 shall take the person into protective custody and
2
3 return the person to the forensic unit of the
3
4 state hospital.
4
5 (2) A hearing shall be conducted within three (3)
5
6 days, excluding holidays and weekends, after the
6
7 person is returned to the forensic unit of the
7
8 state hospital to determine if the person has
8
9 violated the conditions of release, or if full-
9
10 time hospitalization is the least restrictive
10
11 alternative consistent with the needs of the
11
12 person and the need for public safety. Notice of
12
13 the hearing shall be issued, at least twenty-four
13
14 (24) hours before the hearing, to the hospital
14
15 superintendent, the person, trial counsel for the
15
16 person, and the patient advocate general of the
16
17 Department of Mental Health and Substance Abuse
17
18 Services. If the person requires hospitalization
18
19 because of a violation of the conditions of
19
20 release or because of progression to the point
20
21 that inpatient care is appropriate, the court may
21
22 then modify the conditions of release.
22
23 3. If the court determines that the person is not dangerous to
23
24 the public peace or safety because the person is not a person
24
Req. No. 471 Page 13
1 requiring treatment, it shall order that the person be discharged
1
2 from the custody of the Department of Mental Health and Substance
2
3 Abuse Services.
3
4 H. As used in this section:
4
5 1. "Antisocial personality disorder" means antisocial
5
6 personality disorder as defined by the Diagnostic and Statistical
6
7 Manual of Mental Disorders, 5th Edition (DSM-5), or subsequent
7
8 editions;
8
9 2. "Court" or "sentencing court" means the court sitting in the
9
10 county where the person has been found to be not guilty by reason of
10
11 mental illness or guilty with mental defect;
11
12 3. "Dangerous" means a person who because of mental illness
12
13 poses a substantial risk of physical harm in the near future to
13
14 another person or persons. Dangerousness shall be determined by
14
15 such factors as whether the person has placed another person or
15
16 persons in a reasonable fear of violent behavior, and medication and
16
17 treatment compliance;
17
18 4. "Guilty with mental defect" means the person committed the
18
19 act and was either unable to understand the nature and consequences
19
20 of his or her actions or was unable to differentiate right from
20
21 wrong, and has been diagnosed with antisocial personality disorder
21
22 which substantially contributed to the act for which the person has
22
23 been charged;
23
24
24
Req. No. 471 Page 14
1 5. "Mental defect" means the person has been diagnosed with
1
2 antisocial personality disorder which substantially contributed to
2
3 the act for which the person has been charged;
3
4 6. "Mental illness" means a substantial disorder of thought,
4
5 mood, perception, psychological orientation or memory that
5
6 significantly impairs judgment, behavior, capacity to recognize
6
7 reality or ability to meet the ordinary demands of life;
7
8 7. "Not guilty by reason of mental illness" means the person
8
9 committed the act while mentally ill and was either unable to
9
10 understand the nature and consequences of his or her actions or was
10
11 unable to differentiate right from wrong, and has not been diagnosed
11
12 with antisocial personality disorder which substantially contributed
12
13 to the act for which the person has been charged; and
13
14 8. a. "Person requiring treatment" means a person who
14
15 because of mental illness:
15
16 (1) poses a substantial risk of physical harm to self
16
17 as manifested by evidence or serious threats of
17
18 or attempts at suicide or other significant self-
18
19 inflicted bodily harm,
19
20 (2) poses a substantial risk of physical harm to
20
21 another person or persons as manifested by
21
22 evidence of violent behavior directed toward
22
23 another person or persons,
23
24
24
Req. No. 471 Page 15
1 (3) has placed another person or persons in
1
2 reasonable fear of serious physical harm or
2
3 violent behavior directed toward such person or
3
4 persons as manifested by serious and immediate
4
5 threats,
5
6 (4) is in a condition of severe deterioration such
6
7 that, without immediate intervention, there
7
8 exists a substantial risk that severe impairment
8
9 or injury will result to the person, or
9
10 (5) poses a substantial risk of serious physical
10
11 injury to self or death as manifested by evidence
11
12 that the person is unable to provide for and is
12
13 not providing for his or her basic physical
13
14 needs.
14
15 b. The mental health or substance abuse history of the
15
16 person may be used as part of the evidence to
16
17 determine whether the person is a person requiring
17
18 treatment. The mental health or substance abuse
18
19 history of the person shall not be the sole basis for
19
20 this determination.
20
21 c. Unless a person also meets the criteria established in
21
22 subparagraph a of this paragraph, "person requiring
22
23 treatment" shall not mean:
23
24
24
Req. No. 471 Page 16
1 (1) a person whose mental processes have been
1
2 weakened or impaired by reason of advanced years,
2
3 dementia or Alzheimer's disease,
3
4 (2) a person with intellectual or developmental
4
5 disability as defined in Title 10 of the Oklahoma
5
6 Statutes,
6
7 (3) a person with seizure disorder, or
7
8 (4) a person with a traumatic brain injury.
8
9 I. Proceedings hereunder may be held in conformance with the
9
10 provisions of Section 3006 of Title 20 of the Oklahoma Statutes for
10
11 allowable use of videoconferencing.
11
12 SECTION 2. This act shall become effective November 1, 2025.
12
13
13
14 60-1-471 TEK 1/19/2025 5:37:32 AM
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 471 Page 17Every fact on this page links to its source, starting with the official bill record.