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, but only where the person is incompetent because the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, 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 because the person is 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 is a person requiring treatment, without any further proceedings, and shall suspend the criminal proceeding. In such circumstances the Department of Mental Health and Substance Abuse Services or other agency or private care provider 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 or is no longer incompetent because the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, the court shall hold another competency hearing to determine if the person has achieved competency, or is no longer incompetent because the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes. The competency hearing shall be held within twenty (20) days of receipt of the report. If the person is found to continue to be incompetent for reasons other than that the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, the court shall refer the person to the Department of Human Services, in the manner provided for in paragraph 4 subsection A of this section. 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 for reasons other than that the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes , 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. If pursuant to this statute, the person is referred to the Department of Human Services, 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. The competency hearing shall be held within twenty (20) days of receipt of the report. 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 because the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes 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 secure 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 :

   1. 1. Be competent;
   2. 2. No longer be incompetent as a result of being a person requiring treatment as defined by Title 43A of the Oklahoma Statutes; or
   3. 3. No longer 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); Amended by Laws 2000, SB 1601, c. 421, § 7, eff. November 1, 2000 (superseded document available).