The Oklahoma Department of Mental Health and Substance Abuse Services sends this information as posted below:
Recently, concerns have been raised regarding individuals transitioning through our competency treatment programs and civil commitment processes. It is important to clarify the procedures and safeguards in place which are mandated by Oklahoma and federal law:
- Competency Treatment and Civil Commitment: Persons who are incompetent (do not understand the nature of their charges or cannot rationally assist their attorney) cannot be tried. If the incompetence is due to the person’s mental illness, ODMHSAS will provide competency restoration treatment. If the person becomes competent with the treatment, the person’s criminal matter will proceed.
- “Never to Attain Competency” Classification: most individuals will become competent with treatment. However, there are some cases where an individual’s mental illness is so severe that they are unable to attain competency. In such cases, if the court determines that they are dangerous, they will be ordered committed to Griffin Memorial Hospital. At Griffin, the person will continue to receive treatment for their mental illness until they are deemed no longer dangerous to themself or the public.
- Notification to District Attorneys: ODMHSAS maintains strict protocols regarding communication with District Attorneys (DA). Upon determining that an individual no longer meets inpatient criteria, our legal team promptly informs the relevant DA’s office. State confidentiality laws prohibit us from discussing any particular case. However, in every case involving serious charges, as described by the DA, ODMHSAS always notifies the DA prior to discharge to see if they wish to refile the criminal charges. If they do, Griffin will hold the individual until they are taken into custody by law enforcement.
It is crucial to note that ODMHSAS never releases individuals from its facilities without the DA having the opportunity to refile charges. If the DA is unwilling to regime charges, ODMHSAS will have no legal authority to continue to hold the person and will therefore be required to release them.
ODMHSAS operates transparently and cooperatively within the legal framework established to protect both individual rights and public safety. Our commitment remains steadfast in ensuring that all necessary precautions are taken throughout these processes.
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