OklahomaSB 1089Oklahoma 2026 Regular SessionSenate

Determination of competency; modifying procedures for proceedings for restoration of competency; requiring certain reporting. Effective date.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Continued treatment after criminal charges are dismissed

Beginning November 1, 2025, Oklahoma’s mental health department must continue appropriate efforts to restore patients’ ability to stand trial. This applies during commitment after criminal charges are dismissed under Oklahoma’s competency law, 22 O.S. § 1175.6a. The department must evaluate competency and send written progress reports at least once each year. Reports go to the patient’s attorney, the court that dismissed the case, and the district attorney or other prosecutor.

Support required before patients leave hospital care

Beginning November 1, 2025, the person in charge must check support before moving a patient to outpatient or other nonhospital care. They must ensure appropriate financial resources and services are available to receive and care for the patient. Other state agencies or private groups do not have to provide services unless they voluntarily agree.

Court review can delay patients’ release

Beginning November 1, 2025, these rules cover patients committed after charges are dismissed under 22 O.S. § 1175.6a. Before discharge, leave, visiting status, or transfer, the department must give at least 60 days’ notice. Notice goes to the patient, their attorney, the prosecutor, and the district court, with a report on release risk, competency progress, medication and treatment compliance, and any discharge plan. The prosecutor has 30 days after receiving notice to object in the committing court and must try to notify alleged victims or a deceased alleged victim’s family, even without an objection. After an objection, the court must hold a hearing within 30 days; patients have a right to counsel, free if indigent. The prosecutor must prove its case with clear and convincing evidence; the court applies statutory criteria and considers patient interests and public safety for leave, visiting status, or transfer. Either side can appeal, and a court can pause the order; factual findings are reviewed for abuse of discretion, while legal conclusions receive a fresh review. An appeal must be resolved quickly when the prosecutor challenges an order granting a change and that order is paused.

New factors for court-ordered mental health treatment

Beginning November 1, 2025, courts must consider specified factors, plus other relevant information, in applicable mental health commitment decisions. These include violence or criminal acts, including acts not decided in court when responsibility is evident or established. Courts must also consider treatment and medication compliance, likely effects of noncompliance, unsafe or illegal weapon use, and harm, attempts, or threats. People in excluded categories listed in 43A O.S. § 1-103(13)(d) remain outside required-treatment and assisted-outpatient status unless they meet a qualifying criterion. The law adds subparagraph c as another qualifying criterion; the supplied text does not explain its details.

Sponsors & Cosponsors

Sponsor

Paul Rosino
Republican • Senate

Cosponsors

Mark Lawson
Republican • House

Roll Call Votes

All Roll Calls

Yes: 278 • No: 2

Senate vote • 5/29/2025

OVERRIDE

Yes: 45 • No: 2

House vote • 5/29/2025

OVERRIDE

Yes: 81 • No: 0

House vote • 5/1/2025

THIRD READING

Yes: 86 • No: 0

House vote • 4/17/2025

DO PASS

Yes: 12 • No: 0

House vote • 4/8/2025

DO PASS

Yes: 4 • No: 0

Senate vote • 3/12/2025

THIRD READING

Yes: 42 • No: 0

Senate vote • 3/4/2025

Committee vote: Judiciary

Yes: 8 • No: 0

Actions Timeline

Filed with Secretary of State
5/29/2025Senate
To Senate
5/29/2025House
Veto overridden: Ayes: 81 Nays: 0
5/29/2025House
Veto override message received
5/29/2025House
Measure sent to House
5/29/2025Senate
Veto overridden: Ayes: 45 Nays: 2
5/29/2025Senate
Vetoed 05/10/2025
5/12/2025Senate
Sent to Governor
5/5/2025Senate
Signed, returned to Senate
5/5/2025House
Enrolled, to House
5/5/2025Senate
Referred for enrollment
5/1/2025Senate
Signed, returned to Senate
5/1/2025House
Third Reading, Measure passed: Ayes: 86 Nays: 0
5/1/2025House
General Order
5/1/2025House
CR; Do Pass Judiciary and Public Safety Oversight Committee
4/17/2025House
Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass Criminal Judiciary
4/8/2025House
Referred to Criminal Judiciary
4/1/2025House
Second Reading referred to Judiciary and Public Safety Oversight
4/1/2025House
First Reading
3/13/2025House
Engrossed to House
3/13/2025Senate
Referred for engrossment
3/12/2025Senate
Measure passed: Ayes: 42 Nays: 0
3/12/2025Senate
General Order, Considered
3/12/2025Senate
Placed on General Order
3/6/2025Senate
Reported Do Pass, amended by committee substitute Judiciary committee; CR filed
3/4/2025Senate

Bill Text

Enrolled (final version)
5/5/2025
PDF
Floor (House)
4/21/2025
PDF
House Committee Report
4/17/2025
PDF
House Policy Committee Report
4/8/2025
PDF
Engrossed
3/13/2025
PDF
Floor (Senate)
3/5/2025
PDF
Committee Substitute
3/4/2025
PDF
Senate Committee Report
3/4/2025
PDF
Introduced
1/16/2025
PDF

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