Okla. Stat. » Title 22 — CRIMINAL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 22, § 1175.8 (2026)

Resumption of competency

✓ current as of July 2026
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If the medical supervisor reports that the person appears to have achieved competency after a finding of incompetency, the court shall hold another competency hearing to determine if the person has achieved competency. If competency has been achieved, the criminal proceedings shall be resumed. Laws 1980, c. 336, § 8, emerg. eff. June 25, 1980.

Notes of Decisions
Cited in 2 cases, 1988–1995 · leading case: Miller v. State, 751 P.2d 733 (Okla. Crim. App. 1988).
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Miller v. State, 751 P.2d 733 (Okla. Crim. App. 1988). “If the accused is found incompetent and not capable of achieving competency within a reasonable period of time, and qualifies as mentally ill under Title 43A, the criminal case shall be dismissed without prejudice.”
Tate v. State, 896 P.2d 1182 (Okla. Crim. App. 1995). “We assume appellant is referring to the provisions contained in 22 O.S.1991, § 1175.8. Section 1175.8 specifically provides: If the medical supervisor reports that the person appears to have achieved competency after a finding of incompetency, the court shall hold another…”
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