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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 22. CRIMINAL PROCEDURE

  § 22-1175.7. Persons incompetent but capable of achieving competency within reasonable time - Treatment order - Medical supervisor - Commitment - Private treatment - Involuntary commitment to Department of Human Services prohibited.  

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  • A.  If the person is found incompetent, but capable of achieving competency within a reasonable period of time, as defined by the court, the court shall order such person to undergo such treatment, therapy or training which is calculated to allow the person to achieve competence.

    B.  If the person is not committed to the custody of the Department of Mental Health and Substance Abuse Services, the court shall appoint a medical supervisor for a course of treatment.  The medical supervisor of treatment may be any person or agency that agrees to supervise the course of treatment.  The proposed treatment may be either inpatient or outpatient care depending on the facilities and resources available to the court and the type of disability sought to be corrected by the court's order.  The court shall require the supervisor to provide periodic progress reports to the court and may pay for the services of the medical supervisor from court funds.

    C.  The court may commit the incompetent person to the custody of the Department of Mental Health and Substance Abuse Services, but only where the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, or other appropriate state agency, if the court, after the hearing provided in Section 1175.4 of this title, determines that such commitment is necessary for the effective administration of the treatment ordered, or if the court determines that the defendant is dangerous to self or society as a result of being a person requiring treatment as defined by Title 43A of the Oklahoma Statutes.

    D.  The court may allow the person to receive treatment from private facilities if such facilities are willing, and neither the state nor the court fund is required to directly pay for such care.

    E.  In no event shall an incompetent individual be involuntarily committed to the legal custody of the Department of Human Services or any of its facilities.

Added by Laws 1980, c. 336, § 7, emerg. eff. June 25, 1980.  Amended by Laws 1990, c. 51, § 19, emerg. eff. April 9, 1990; Laws 1997, c. 407, § 7, eff. Nov. 1, 1997; Laws 2000, c. 421, § 8, eff. Nov. 1, 2000.