1. A. Upon filing of an application for determination of competency, the court shall set a hearing date, which shall be as soon as practicable, but at least one (1) day after service of notice as provided by Section 1175.2 of this title.
2. B. The court shall hold a hearing on the date provided. At the hearing, the court shall examine the application for determination of competency to determine if it alleges facts sufficient to raise a doubt as to the competency of the person. Any additional evidence tending to create a doubt as to the competency of the person may be presented at this hearing.
3. C. If the court finds there is no doubt as to the competency of the person, it shall order the criminal proceedings to resume.

4. D.

   1. 1.

      1. a. If the court finds there is a doubt as to the competency of the person, it shall order the person to be examined by doctors or appropriate technicians. The doctors or technicians shall be practitioners in the appropriate branch of medicine relevant to the alleged incompetency of the person.
      2. b. In addition, the Developmental Disabilities Services Division of the Department of Human Services shall receive written notice from the district attorney who filed the criminal petition, and be authorized by order of the court to have a psychologist or other appropriate clinician participate with professionals assigned by any other public or private agency in any competency evaluation wherein mental retardation or other developmental disability may be involved. The psychologist or children employed, by contract or otherwise, by the Department of Human Services may issue a separate opinion and recommendation to the court.
   2. 2. The person shall be examined on an outpatient basis prior to referral for any necessary inpatient evaluation, as ordered by the court. The court may commit the person to the custody of the Department of Mental Health and Substance Abuse Services or any other state agency or private facility for the examination provided by this act. The person shall be required to undergo examination for a period of time sufficient for the doctor or doctors or technicians to reach a conclusion as to competency, and the court shall impose a reasonable time limitation for such period of examination.
   3. 3. If the court determines that the person whose competency is in question may be a threat to the safety of self or others, it shall order the person retained in a secure facility until the completion of the competency hearing provided in Section 1175.4 of this title.

5. E. The doctor or doctors shall receive instructions that they shall examine the patient to determine:

   1. 1. If the person is able to appreciate the nature of the charges made against such person;
   2. 2. If the person is able to consult with the lawyer and rationally assist in the preparation of the defense of such person;
   3. 3. If the answer to question 1 or 2 is no, whether the person can attain competency within a reasonable time if provided with a course of treatment, therapy or training;
   4. 4. If the person is mentally ill or a person requiring treatment as defined by Section 1-103 43A-1-103 of Title 43A of the Oklahoma Statutes; and
   5. 5. If the person were released without treatment, therapy or training, whether such person would pose a significant threat to the life or safety of self or others.

Laws 1980, HB 1836, c. 336, § 3, emerg. eff. June 25, 1980; Amended by Laws 1990, SB 866, c. 51, § 17, emerg. eff. April 9, 1990; Amended by Laws 1993, SB 252, c. 323, § 1, emerg. eff. June 7, 1993; Amended by Laws 1997, HB 1790, c. 407, § 5, eff. November 1, 1997 (superseded document available).