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HB 2137

Criminal procedures; resumption of competency; administration of medication; notification; authorization; effective date.

2026 Regular Session Introduced by Adam Pugh and 1 co-sponsor

Allows involuntary medication to restore or maintain competency for defendants found incompetent, with court-ordered hearing, clear and convincing evidence, and defined protections

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Bill Summary · HB 2137

Summary of HB 2137 (2026) — Oklahoma

Purpose and intent

HB 2137 amends the criminal procedure framework surrounding competency restoration for individuals who have been found incompetent to stand trial. The bill focuses on resuming proceedings once competency appears to be restored and, when necessary, establishing a formal process to administer medication (including psychotropic drugs) to restore or maintain competency. It emphasizes notifying relevant parties, obtaining court authorization for involuntary medication, and outlining the rights and protections for individuals subject to such orders.

Key provisions and changes

  • Resumption of proceedings:

    • If a medical supervisor determines that a person previously found incompetent appears to have achieved competency, the court must hold another competency hearing to determine if competency has been restored. If so, criminal proceedings resume.

  • Medication administration for competency restoration:

    • If the Department of Mental Health and Substance Abuse Services (DMHSAS) or its designee wants to administer medication to a person in custody (under prior competency-incompetency proceedings) and believes the person lacks capacity to consent or refuses medication, DMHSAS or the designee must notify the court, the prosecuting office, and the person’s attorney.
    • The prosecuting office or DMHSAS may file an application with the court seeking an order to authorize administration of medication to restore competency, and to continue medication to maintain restoration in jail after restoration.

  • Required information in applications:

    • The treating physician’s belief regarding capacity
    • An individualized treatment plan with specific medications and dosage ranges
    • The treating physician’s diagnosis
    • The proposed method of administering medication and justification if the method is nonstandard

  • Hearing timelines and procedures:

    • The court must hold the hearing on the medication-authorization application within 30 days of filing, unless good cause exists.
    • Individuals are entitled to counsel (appointed if needed), preparation time with counsel, notice of hearing, the right to attend, the right to request an independent expert, and post-hearing notification of the court’s determination.

  • Standards and findings:

    • The petitioning party must prove by clear and convincing evidence that:
    • A significant state interest justifies medication despite lack of consent
    • Involuntary medication is substantially likely to render the person competent and not cause significant adverse effects that would impair trial participation
    • Involuntary medication is necessary and no less intrusive alternatives are likely to achieve the same result
    • The medication is in the person’s best medical interest given their medical condition
    • The court must make explicit findings on these factors, the person’s treatment desires, and the person’s capacity to consent or refuse.

  • Order duration and scope:

    • An order for medication is effective for the current involuntary commitment period and any interim period while awaiting trial or a new petition. The order lists all medications and dosage ranges.

  • Compatibility:

    • The act does not invalidate or alter other medication provisions under existing laws or regulations.

Who is affected

  • Individuals found incompetent to stand trial who later regain competency (or are in the process of restoration).
  • The Department of Mental Health and Substance Abuse Services and its designee.
  • Courts, prosecutors, defense attorneys, and potential independent experts involved in competency and involuntary medication cases.
  • Medical providers and treatment teams responsible for prescribing and administering psychotropic and related medications.

Timelines and effective date

  • Effective date: November 1, 2025.
  • Key timelines include hearings within 30 days of filing for medication orders and ongoing review as part of the competency restoration process.

Notes

  • The bill emphasizes clear evidentiary standards (clear and convincing) for medication orders and expands procedural rights to the person subject to an involuntary medication order.

Compiled from official sources — confirm details with the bill’s official record.

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