Definitions.

  1. Law
  2. Oklahoma Statutes
  3. Criminal Procedure
  4. Definitions.

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As used in Sections 1175.1 through 1176 of this title:

1. “Competent” or “competency” means the present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense;

2. “Incompetent” or “incompetency” means the present inability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense;

3. “Dangerous” means a person who is a person requiring treatment as defined in Section 1-103 of Title 43A of the Oklahoma Statutes;

4. “Criminal proceeding” means every stage of a criminal prosecution after arrest and before judgment, including, but not limited to, interrogation, lineup, preliminary hearing, motion dockets, discovery, pretrial hearings and trial;

5. “Qualified forensic examiner” means any:

  • a.psychiatrist with forensic training and experience,
  • b.psychologist with forensic training and experience, or
  • c.a licensed mental health professional whose forensic training and experience enable him or her to form expert opinions regarding mental illness, competency and dangerousness and who has been approved to render such opinions by the court;

6. “Reasonable period of time” means a period not to exceed the lesser of:

  • a.the maximum sentence specified for the most serious offense with which the defendant is charged, or
  • b.a maximum period of two (2) years; and

7. “Public guardian” means the Office of Public Guardian as established under the Oklahoma Public Guardianship Act in Section 6-101 et seq. of Title 30 of the Oklahoma Statutes.

Added by Laws 1980, c. 336, § 1, emerg. eff. June 25, 1980. Amended by Laws 1992, c. 207, § 1, eff. Sept. 1, 1992; Laws 2000, c. 421, § 2, eff. Nov. 1, 2000; Laws 2004, c. 106, § 2, eff. April 1, 2005; Laws 2011, c. 294, § 3, eff. Nov. 1, 2011.


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