Bill > HB2137

This bill amends Oklahoma state law regarding the process for administering medication to individuals who have been found incompetent to stand trial. The bill requires the Department of Mental Health and Substance Abuse Services to notify the court, prosecuting office, and the defendant's attorney if they wish to administer medication to a person in custody who lacks the capacity to consent or refuses medication. The application for medication authorization must include details about the treating physician's assessment, the individual's treatment plan, diagnosis, and proposed medication method. The bill guarantees several rights for the individual, including the right to an appointed attorney, notice of the hearing, and the ability to be present and request an independent expert. To authorize involuntary medication, the petitioner must provide clear and convincing evidence that the medication is necessary to restore competency, serves an important state interest, and is in the best medical interest of the person. The court must make specific findings of fact regarding the proposed treatment and the individual's capacity to consent. The medication order can be effective for the duration of the current involuntary commitment order and any interim period before trial. The bill will become effective on November 1, 2025.

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http://www.oklegislature.gov/BillInfo.aspx?Bill=hb2137&Session=2600