Oklahoma SB 2179: Criminal procedure; persons in a state of mental illness or defect; modifying conditions and procedures for discharge or conditional release. Effective date.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2179 By: Haste of the Senate

and

Lawson of the House

COMMITTEE SUBSTITUTE

An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1161, as amended by Section 1,
Chapter 68, O.S.L. 2025 (22 O.S. Supp. 2025, Section
1161), which relates to acts committed by persons in
a state of mental illness or defect; modifying
definition; requiring recommendation for discharge or
conditional release to include certain risk
assessment; directing certain reviews of risk
assessment; subjecting certain persons to random
substance screenings upon order of the court;
requiring certain completion and reporting of tests;
updating statutory language; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1161, as
amended by Section 1, Chapter 68, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 1161), is amended to read as follows:

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Section 1161. A. 1. An act committed by a person in a state
of mental illness or mental defect shall be adjudicated as guilty
with mental defect or as not guilty by reason of mental illness.
2. If a person is found guilty with mental defect or enters a
plea of guilty with mental defect which is accepted by the court,
the court at the time of sentencing shall impose any sentence that
could be imposed by law upon a person who is convicted of the same
offense, and the person shall serve the sentence in custody of a
county jail or the Oklahoma Department of Corrections.
3. If a person who is found guilty with mental defect is placed
on probation under the jurisdiction of the sentencing court as
provided by law, the court shall immediately issue an order for the
person to be examined by the Department of Mental Health and
Substance Abuse Services. The time and place of such examination
shall be determined by the Department. Within forty-five (45) days,
the Department shall provide to the court a recommendation of
treatment for the person, which shall be made a condition of
probation. Reports as specified by the trial judge shall be filed
with the probation officer and the sentencing court. Failure to
continue treatment, except by agreement with the treating agency and
the sentencing court, is grounds for revocation of probation.
Treatment shall be provided by an agency of the Department or, with
the approval of the sentencing court and at the expense of the
person, by private agencies, private physicians or other mental

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health personnel. A psychiatric report shall be filed with the
probation officer and the sentencing court every six (6) months
during the period of probation.
4. When in any criminal action by indictment or information,
the defense of mental illness is raised, but the defendant is not
acquitted on the ground that the defendant was mentally ill at the
time of the commission of the crime charged, an issue concerning
such defense may be raised on appeal. If the appellate court finds
relief is required, the appellate court shall not have authority to
modify the judgment or sentence but will only have the authority to
order a new trial or order resentencing without recommendations to
sentencing.
5. When in any criminal action by indictment or information the
defense of mental illness is interposed either singly or in
conjunction with some other defense, the jury shall state in the
verdict, if it is one of acquittal, whether or not the defendant is
acquitted on the ground of mental illness. When the defendant is
acquitted on the ground that the defendant was mentally ill at the
time of the commission of the crime charged, the person shall not be
discharged from custody until the court has made a determination
that the person is not dangerous to the public peace and safety and
is a person requiring treatment.
B. 1. To assist the court in its determination, the court
shall immediately issue an order for the person to be examined by

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the Department of Mental Health and Substance Abuse Services at a
facility the Department has designated to examine and treat forensic
individuals. Upon the issuance of the order, the sheriff shall
deliver the person to the designated facility.
2. Within forty-five (45) days of the court entering such an
order, a hearing shall be conducted by the court to ascertain
whether the person is dangerous to the public peace or safety
because the person is a person requiring treatment or, if not, is in
need of continued supervision as a result of unresolved symptoms of
mental illness or a history of treatment noncompliance. During the
required period of hospital