Okla. Stat. tit. 22, § 1176
Raising Question of Mental Illness or Insanity at Time of Offense - Qualified Mental Health Professionals
Effective Jul 1, 1991Added by Laws 1985, SB 118, c. 232, § 2, emerg. eff. July 8, 1985; Amended by Laws 1991, HB 1612, c. 238, § 36, emerg. eff. July 1, 1991.
- A. If the defendant intends to raise the question of mental illness or insanity at the time of the offense, the defendant shall file an application with the court at least twenty (20) days before trial. The procedure to be followed for review of such an application will be the same as provided in Section 1175.3 of Title 22 of the Oklahoma Statutes.
- B. If the court finds that the defendant's sanity at the time of the offense is to be a significant factor in his defense at trial and that the defendant is financially unable to obtain the services of a qualified mental health professional, the Oklahoma Indigent Defense System Board, or in counties subject to the provisions of Section 138.1 of Title 19 of the Oklahoma Statutes, the court shall provide the defendant with access to a qualified mental health professional by authorizing counsel to obtain the services of a qualified mental health professional to conduct an appropriate examination and assist in evaluation, preparation and presentation of the defense. Compensation for such services shall be paid by the Indigent Defense System Board, except that in counties subject to the provisions of Section 138.1 of Title 19 of the Oklahoma Statutes, the compensation shall be paid by the court fund.
- C. As used in this section "qualified mental health professional" means an individual certified or licensed in this state to practice psychiatry, psychology, professional counseling, or social work.
Added by Laws 1985, SB 118, c. 232, § 2, emerg. eff. July 8, 1985; Amended by Laws 1991, HB 1612, c. 238, § 36, emerg. eff. July 1, 1991.