A. If the person is found to be incompetent for reasons other than the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, or the person is intellectually disabled as defined by Title 10 of the Oklahoma Statutes, but is also found to be dangerous as defined by Section 1175.1 of this title, the court shall suspend the criminal proceedings and refer the matter to the Department of Human Services and Department of Mental Health and Substance Abuse Services for determination of appropriate placement.
B. The Department of Human Services and the Department of Mental Health and Substance Abuse Services shall jointly establish procedures by April 1, 2005, to determine the appropriate placement of individuals who are found to be incompetent to stand trial for reasons other than the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, or the person is intellectually disabled as defined by Title 10 of the Oklahoma Statutes. Both agencies shall then submit their joint recommendation to the court for determination of appropriate placement.
Added by Laws 2004, c. 106, § 8, eff. April 1, 2005. Amended by Laws 2019, c. 475, § 26, eff. Nov. 1, 2019.
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