As used in Sections 1175.1 through 1176 of this title:

1. 1. “Competent” or “competency” means the present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense;
2. 2. “Criminal proceeding” means every stage of a criminal prosecution after arrest and before judgment, including, but not limited to, interrogation, lineup, preliminary hearing, motion dockets, discovery, pretrial hearings and trial;
3. 3. “Dangerous” means a person who is a person requiring treatment as defined in Section 1-103 of Title 43A of the Oklahoma Statutes;
4. 4. “Incompetent” or “incompetency” means the present inability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense;
5. 5. “Public guardian” means the Office of Public Guardian as established under the Oklahoma Public Guardianship Act in Section 6-101 et seq. of Title 30 of the Oklahoma Statutes;

6. 6. “Qualified forensic examiner” means any:

   1. a. psychiatrist with forensic training and experience,
   2. b. psychologist with forensic training and experience, or
   3. c. a licensed mental health professional whose forensic training and experience enable him or her to form expert opinions regarding mental illness, competency and dangerousness and who has been approved to render such opinions by the court; provided, however, a licensed mental health professional shall not be qualified to issue expert opinions as to competency or dangerousness in cases in which a person is alleged to be incompetent due to intellectual disability; and

7. 7. “Reasonable period of time” means a period not to exceed the lesser of:

   1. a. the maximum sentence specified for the most serious offense with which the defendant is charged, or

   2. b. a maximum period of two (2) years.

      Any time period where the defendant refuses medication prescribed or ordered that is designed to restore the defendant to competency shall not be used in the calculation of a reasonable period of time.

Laws 1980, HB 1836, c. 336, § 1, emerg. eff. June 25, 1980; Amended by Laws 1992, HB 1965, c. 207, § 1, eff. September 1, 1992; Amended by Laws 2000, SB 1601, c. 421, § 2, eff. November 1, 2000 (superseded document available); Amended by Laws 2004, SB 1583, c. 106, § 2, eff. April 1, 2005 (superseded document available); Amended by Laws 2011, HB 1271, c. 294, § 3, eff. November 1, 2011 (superseded document available); Amended by Laws 2024, SB 771, c. 73, § 1, eff. November 1, 2024 (superseded document available); Amended by Laws 2025, SB 1089, c. 364, § 1, eff. November 1, 2025 (superseded document available).