SB 497: Criminal procedure; requiring Forensic Review Board to provide certain notice to district attorney. Effective date. - Oklahoma

Floor (House) → Floor (Senate) · 6 edits

MODERATE

This bill version transitioned from the House to the Senate floor, resulting in significant formatting changes and the addition of a date (February 19, 2025) and sponsor attribution. The core legislative text regarding mental illness adjudication procedures appears largely unchanged in substance, though the Senate version includes additional page headers and formatting markers indicating committee amendments. The substantive policy content regarding forensic review board procedures, examination timelines, and dangerousness determinations remains consistent with the House version.

Scope change

No substantive change to the bill's scope or applicability; the document represents the same legislation in a different chamber version with formatting and administrative updates.

TECHNICAL

Added Senate floor version header with date February 19, 2025 and sponsor attribution to Weaver of the Senate

Changed document title from 'HOUSE OF REPRESENTATIVES' to 'SENATE FLOOR VERSION'

Reformatted page headers to include Senate-specific version identifiers and committee amendment notation

Removed House-specific page headers and committee amendment notation

Added blank lines and spacing adjustments typical of Senate formatting conventions

SUBSTANTIVE

Core legislative provisions regarding mental illness adjudication, forensic examination procedures, and dangerousness determinations remain substantively identical to House version

Enrolled (final version) → Floor (House) · 4 edits

MODERATE

This bill updates Oklahoma's criminal procedure regarding how courts handle cases involving mental illness or mental defects. The main changes involve formatting and structural updates to the bill document, with no substantive policy changes to the actual legal provisions. The core requirements for forensic evaluations, treatment conditions, and discharge procedures remain identical to the enrolled version.

TECHNICAL

Bill header formatting changed from Senate version to House Floor version with updated session information

Page numbering and layout formatting adjusted for House floor version

Line breaks and paragraph spacing restructured for House floor document format

Added header notes indicating bold face denotes Committee Amendments

Introduced → Engrossed · 4 edits · Mar 10, 2025

MODERATE

This bill updates the Oklahoma statute governing how courts handle cases involving defendants with mental illness or mental defects. The primary changes involve clarifying procedures for forensic evaluations, treatment recommendations during probation, and the criteria for determining whether a person acquitted on mental illness grounds remains in custody. The revision also adds specific requirements for district attorneys to prove dangerousness by a preponderance of the evidence during hearings.

REQUIREMENT

Added a requirement that district attorneys must prove a person is dangerous to the public by a preponderance of the evidence during court hearings, with specific provisions for the accused person to have legal counsel and present independent evidence.

Updated the language regarding psychiatric examinations to specify that during hospitalization, the person must be examined by two qualified psychiatrists or one psychiatrist and one qualified clinical psychologist.

TIMELINE

Clarified that hearings to determine if a person acquitted on mental illness grounds is dangerous must occur within ten days after psychiatric reports are filed.

TECHNICAL

Added new subsection D to clarify discharge procedures when a court finds a person is not dangerous and not in need of continued supervision, and commitment procedures when a person is found dangerous.

Engrossed → Enrolled (final version) · 4 edits · May 7, 2025

MODERATE

The bill transitioned from an Engrossed version to the final Enrolled version, which includes substantive policy changes to how mental illness cases are handled in Oklahoma. The Enrolled version adds a new requirement for the Forensic Review Board to provide notice to the district attorney and clarifies procedures for determining dangerousness and treatment needs for individuals acquitted on grounds of mental illness.

Scope change

The bill's scope was expanded to include additional procedural requirements for the Forensic Review Board and clarified the process for handling cases where defendants are acquitted due to mental illness but remain in custody pending safety determinations.

REQUIREMENT

Added requirement for Forensic Review Board to provide certain notice to the district attorney regarding mental illness cases.

TIMELINE

Modified timelines for psychiatric examinations and hearings, with specific deadlines for examiners to submit reports and courts to conduct hearings.

ENFORCEMENT

Added provisions for conditional release procedures and clarified discharge processes for individuals found not dangerous to public safety.

TECHNICAL

Changed document status from 'Engrossed' to 'Enrolled' indicating final legislative approval, with corresponding formatting and page number updates.

Criminal procedure; requiring Forensic Review Board to provide certain notice to district attorney. Effective date.

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