Okla. Stat. tit. 22, § 1175.5
Questions to be Answered in Determining Competency
Effective Nov 1, 2000Laws 1980, HB 1836, c. 336, § 5, emerg. eff. June 25, 1980; Amended by Laws 2000, SB 1601, c. 421, § 6, eff. November 1, 2000 (superseded document available).
The jury or the court, as the case may be, shall answer the following questions in determining the disposition of the person whose competency is in question:
- 1. Is the person incompetent to undergo further criminal proceedings at this time? If the answer is no, criminal proceedings shall be resumed. If the answer is yes, the following question shall be answered.
- 2. Can the incompetency of the person be corrected within a reasonable period of time, as defined by the court, by treatment, therapy or training? If the answer is yes, the court shall make the appropriate order. If the answer is no, the following questions shall be answered.
- 3. Is the person mentally retarded or a person requiring treatment as defined by Section 1-103 of Title 43A of the Oklahoma Statutes?
- 4. Is the person presently a threat to the safety of self or others if released?
Laws 1980, HB 1836, c. 336, § 5, emerg. eff. June 25, 1980; Amended by Laws 2000, SB 1601, c. 421, § 6, eff. November 1, 2000 (superseded document available).