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OK HB2620
Bill
Status
2/1/2016
Primary Sponsor
Leslie Osborn
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AI Summary
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Replaces the legal term "insanity" with "severe mental illness" or "mental illness" throughout Oklahoma criminal procedure statutes, creating three possible verdicts: guilty but with severe mental illness, not guilty by reason of mental illness, or not guilty
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Requires defendants to prove severe mental illness or mental illness by clear and convincing evidence, with "severe mental illness" applying when the person also has a diagnosed antisocial personality disorder
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Defendants found guilty but with severe mental illness receive standard criminal sentences but are committed to the Oklahoma Forensic Center under the Department of Mental Health and Substance Abuse Services for evaluation and treatment, with time served counting toward their sentence
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Prohibits the use of a "guilty but with severe mental illness" verdict for sentencing enhancement purposes under repeat offender statutes
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Establishes a seven-member Forensic Review Board appointed by the Governor to determine eligibility for therapeutic visits, conditional release, or discharge for individuals found not guilty by reason of mental illness
Legislative Description
Criminal procedure; providing requirements for the adjudication of certain persons; effective date.
Last Action
Second Reading referred to Criminal Justice and Corrections
2/2/2016