1. A. Upon the finding by the jury or the court as provided by Section 1175.5 of this title, the court shall issue the appropriate order regarding the person as follows:

   1. 1. If the person is found to be competent, the criminal proceedings shall be resumed;
   2. 2. If the person is found to be incompetent, but capable of achieving competence with treatment, therapy, or training, the court shall commit the person to the legal custody of the Department of Mental Health and Substance Abuse Services, or refer to the Department of Human Services, other appropriate state agencies or a private care provider for consideration of voluntary appropriate treatment, therapy, or training;
   3. 3. If the person is found to be incompetent and not capable of achieving competency within a reasonable period of time, and a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, then the court shall order treatment as if there had been a finding pursuant to Title 43A of the Oklahoma Statutes that the defendant was a mentally ill person requiring treatment, without any further proceedings, and shall suspend the criminal proceeding. The Department of Mental Health and Substance Abuse Services or other agency providing treatment to the person or the institution wherein the person is confined or treated shall make periodic reports to the court as to the competency of the defendant. If the agency or institution reports that the person appears to have achieved competency, the court shall hold another competency hearing to determine if the person has achieved competency. If competency has been achieved, the criminal proceeding shall be resumed; and

   4. 4.

      1. a. If the person is found to be incompetent, and not capable of achieving competency within a reasonable period of time, but is not a person requiring treatment as defined by Title 43A of the Oklahoma Statutes and is not a threat to self or society, the court shall refer the person to the Department of Human Services for consideration of voluntary assistance, subject to assistance from any other appropriate state agencies and shall suspend the criminal proceedings.
      2. b. The Department of Human Services shall make periodic reports to the court as to the status and activities of the person. If the Department of Human Services reports that the person appears to have achieved competency, the court shall hold another competency hearing to determine if the person has achieved competency. If competency has been achieved, the criminal proceeding shall be resumed.
2. B. Any person arrested and charged with a criminal offense which is punishable by death, life imprisonment or life imprisonment without parole, who is found to be incompetent by the court and ordered into the custody of the Department of Mental Health and Substance Abuse Services pursuant to paragraphs 2 or 3 of subsection A of this section, shall be placed in a maximum security ward of the mental health facility designated by the Department of Mental Health and Substance Abuse Services until such time as such person is adjudicated to be competent or is adjudicated no longer determined to be a threat to any other person.

Laws 1980, HB 1836, c. 336, § 6, emerg. eff. June 25, 1980; Amended by Laws 1983, HB 1836, c. 104, § 2, eff. November 1, 1983; Amended by Laws 1989, HB 1187, c. 75, § 1, emerg. eff. April 17, 1989; Amended by Laws 1989, HB 1514, c. 348, § 17, eff. November 1, 1989; Amended by Laws 1990, SB 866, c. 51, § 18, emerg. eff. April 9, 1990.; Amended by Laws 1997, HB 1790, c. 407, § 6, eff. November 1, 1997 (superseded document available).