STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 493	By:	Crain

AS INTRODUCED

An Act relating to assessments of persons accused of felony offense; amending Section 4, Chapter 296, O.S.L. 2012 (43A O.S. Supp. 2012, Section 3-704), which relates to mental health and substance abuse evaluation; modifying timing of certain assessment and evaluation; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 4, Chapter 296, O.S.L. 2012 (43A O.S. Supp. 2012, Section 3-704), is amended to read as follows:
Section 3-704.  Any After an initial appearance but before a finding of guilt, a person found guilty accused of a felony offense may, prior to sentencing, be required to submit to an approved risk, mental health and substance abuse assessment and evaluation which shall be administered and scored by assessment personnel certified by the Department of Mental Health and Substance Abuse Services.  Any person lacking sufficient skills to comprehend or otherwise participate in the risk, mental health and substance abuse assessment and evaluation shall have appropriate assistance.  The court, district attorney, arrested person and counsel for the arrested person shall have access to the results of the risk, mental health and substance abuse assessment and evaluation.  The results of the risk, mental health and substance abuse assessment and evaluation shall not be admissible as evidence in the criminal case unless specifically waived by the defendant or for purposes of determining sentencing options for a defendant who has pled guilty and punishment is to be determined at the discretion of the court.  The court and the district attorney shall consider the results of the risk, mental health and substance abuse assessment and evaluation to determine sentencing options for the person.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-44	TEK	1/15/2013 4:13:59 PM