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 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 811 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; amending 22
7 O.S. 2021, Section 1175.6a, which relates to
8 competency restoration; requiring the Department of
8 Mental Health and Substance Abuse Services to
9 implement certain pilot program; providing an
9 effective date; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
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14 amended to read as follows:
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15 Section 1175.6a. A. If the person is found to be incompetent
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16 prior to conviction because he or she is a person requiring
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17 treatment as defined in Section 1-103 of Title 43A of the Oklahoma
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18 Statutes, but capable of achieving competence with treatment within
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19 a reasonable period of time as defined by Section 1175.1 of this
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20 title, the court shall suspend the criminal proceedings and order
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21 the Department of Mental Health and Substance Abuse Services to
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22 provide treatment, therapy or training which is calculated to allow
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23 the person to achieve competency. The Department may designate a
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24 willing entity to provide such competency restoration services on
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Req. No. 1097 Page 1
1 behalf of the Department, provided the entity has qualified
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2 personnel. The court shall further order the Department to take
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3 custody of the individual as soon as a forensic bed becomes
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4 available, unless both the Department and the county jail where the
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5 person is being held determine that it is in the best interests of
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6 the person to remain in the county jail. Such competency
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7 restoration services shall begin within a reasonable period of time
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8 after the court has determined that the person is not competent to
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9 stand trial.
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10 The person shall remain in the custody of the county jail until
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11 such time as the Department has a bed available at the forensic
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12 facility unless competency restoration services are provided by a
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13 designee of the Department, in which case custody of the person
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14 shall be transferred to the Department.
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15 The Department shall develop and implement a pilot program to
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16 provide community-based competency restoration services as ordered
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17 by the consent decree for Briggs V. Friesen, 23-cv-00081-GKF-JFJ.
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18 B. The Department of Mental Health and Substance Abuse Services
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19 or designee shall make periodic reports to the court as to the
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20 competency of the defendant.
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21 C. If the person is determined by the Department of Mental
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22 Health and Substance Abuse Services or designee to have regained
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23 competency, or is no longer incompetent because the person is a
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Req. No. 1097 Page 2
1 person requiring treatment as defined by Title 43A of the Oklahoma
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2 Statutes, a hearing shall be scheduled within twenty (20) days:
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3 1. If found competent by the court or a jury after such
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4 rehearing, criminal proceedings shall be resumed;
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5 2. If the person is found to continue to be incompetent because
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6 the person is a person requiring treatment as defined in Title 43A
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7 of the Oklahoma Statutes, the person shall be returned to the
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8 custody of the Department of Mental Health and Substance Abuse
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9 Services or designee;
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10 3. If the person is found to be incompetent because the person
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11 is intellectually disabled as defined by Title 10 of the Oklahoma
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12 Statutes, the court shall issue the appropriate order as set forth
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13 in Section 1175.6b of this title;
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14 4. If the person is found to be incompetent for reasons other
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15 than the person is a person requiring treatment as defined by Title
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16 43A of the Oklahoma Statutes, and other than the person is
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17 intellectually disabled as defined in Title 10 of the Oklahoma
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18 Statutes, and is also found to be not dangerous as defined by
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19 Section 1175.1 of this title, the court shall issue the appropriate
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20 order as set forth in Section 1175.6b of this title; or
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21 5. If the person is found to be incompetent for reasons other
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22 than the person is a person requiring treatment as defined by Title
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23 43A of the Oklahoma Statutes, and other than the person is
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24 intellectually disabled as defined in Title 10 of the Oklahoma
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Req. No. 1097 Page 3
1 Statutes, but is also found to be dangerous as defined by Section
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2 1175.1 of this title, the court shall issue the appropriate order as
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3 set forth in Section 1175.6c of this title.
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4 D. If the person is found to be incompetent because the person
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5 is a person requiring treatment as defined by Section 1-103 of Title
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6 43A of the Oklahoma Statutes, but not capable of achieving
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7 competence with treatment within a reasonable period of time as
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8 defined by Section 1175.1 of this title, the court shall commence
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9 civil commitment proceedings pursuant to Title 43A and shall dismiss
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10 without prejudice the criminal proceeding. If the person is
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11 subsequently committed to the Department of Mental Health and
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12 Substance Abuse Services pursuant to Title 43A, the statute of
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13 limitations for the criminal charges which were dismissed by the
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14 court shall be tolled until the person is discharged from the
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15 Department of Mental Health and Substance Abuse Services pursuant to
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16 Section 7-101 of Title 43A of the Oklahoma Statutes.
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17 SECTION 2. This act shall become effective July 1, 2025.
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18 SECTION 3. It being immediately necessary for the preservation
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19 of the public peace, health or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23 60-1-1097 DC 1/19/2025 5:43:55 AM
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Req. No. 1097 Page 4Every fact on this page links to its source, starting with the official bill record.