Oklahoma Administrative Code Title 277 - Forensic Review Board
Oklahoma Administrative Code Title 277 – Forensic Review Board
Overview
Title 277 of the Oklahoma Administrative Code (OAC) governs the rules and procedures for the Oklahoma Forensic Review Board (OFRB). This board operates under the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS).
The Forensic Review Board’s primary mission is to review cases involving persons found “Not Guilty by Reason of Insanity” (NGRI) or those incompetent to stand trial, ensuring proper evaluation, treatment, and eventual release when legally appropriate.
Legal Authority
The OFRB is authorized by Oklahoma Statutes Title 43A (Mental Health and Substance Abuse Services Act), particularly 43A O.S. §§ 5-101 through 5-106.
These statutes empower the ODMHSAS to establish rules regulating forensic patient care, including the formation of the Forensic Review Board.
The OFRB implements the statutory mandate by setting procedures for hearings, review, and decision-making related to forensic patients.
Purpose and Function of the Forensic Review Board
To ensure public safety and the rights of individuals adjudicated NGRI or incompetent.
To review patient status, treatment progress, and determine recommendations on confinement, release, or continued treatment.
To conduct hearings as required by law to review the legal and clinical status of forensic patients.
To act as a liaison between judicial determinations and mental health treatment.
Structure of Title 277 OAC
Title 277 details the organizational and procedural rules of the Forensic Review Board, including:
Membership: Qualifications and appointment of Board members (typically licensed mental health professionals, attorneys, and others with forensic expertise).
Meetings: Frequency, notice, quorum, and conduct of Board meetings.
Hearings and Reviews:
Procedures for conducting forensic patient hearings.
Patient rights during hearings.
Rules for evidence and testimony.
Decisions and Recommendations:
How the Board makes decisions on patient status.
Reporting requirements to courts or other agencies.
Confidentiality and Records:
Protection of patient records.
Access rules.
Important Provisions
1. Membership and Qualifications
Board members must meet professional criteria (mental health licenses, legal background, or forensic expertise).
Members serve terms defined by the ODMHSAS.
Conflict of interest provisions prevent members with personal or financial stakes from voting on related cases.
2. Hearings Procedure
The Board holds formal hearings on forensic patients either on its own motion, or at request of patients, legal counsel, or courts.
Hearings follow procedural safeguards:
Patients have the right to be present and represented.
Evidence can be presented by both the prosecution and defense or patient representatives.
The Board may subpoena witnesses.
Hearings are recorded, and transcripts can be requested.
3. Patient Status Reviews
The Board reviews patient status at specified intervals (e.g., annually), or upon request for early release or transfer.
Reviews consider:
Current mental status.
Risk to public safety.
Compliance with treatment.
Recommendations may include:
Continued hospitalization.
Conditional release (with supervision or outpatient treatment).
Full release.
Transfer to other facilities.
4. Reporting and Enforcement
The Board submits reports to the court that ordered the forensic evaluation or commitment.
The Board’s recommendations carry weight but do not replace judicial authority; courts make final legal decisions.
ODMHSAS and affiliated agencies implement the Board’s recommendations consistent with the law.
Relevant Oklahoma Case Law Interpreting the Forensic Review Board and Related Statutes
1. State ex rel. Oklahoma Dept. of Mental Health and Substance Abuse Services v. L.W., 2013 OK CIV APP 67, 307 P.3d 384
Issue: Whether procedural safeguards and due process rights were followed during forensic patient review hearings.
Holding: The Court of Civil Appeals emphasized the importance of strict adherence to hearing procedures under the statutory framework governing the Forensic Review Board to protect patients' constitutional rights.
Significance: The case reinforced the procedural protections required by Title 277 and related statutes, underscoring the necessity of fair hearings and timely reviews.
2. Ex parte D.H., 2016 OK CR 2, 369 P.3d 918
Issue: The scope of the Forensic Review Board’s authority to recommend release of a forensic patient found incompetent to stand trial.
Holding: The Oklahoma Court of Criminal Appeals clarified that the Board's recommendations must be carefully considered but ultimate decisions on release rest with the court.
Significance: This case delineates the respective roles of the forensic review board and the judiciary, consistent with OAC Title 277’s framework.
3. In re Commitment of R.J., 2010 OK CIV APP 120, 244 P.3d 797
Issue: Adequacy of evidence presented at a forensic review hearing regarding a patient's mental condition and public safety risk.
Holding: The court found that the Forensic Review Board must base its recommendations on clear, convincing evidence that the patient remains a danger or requires treatment.
Significance: Highlights evidentiary standards underpinning Board decisions as reflected in the administrative code and statutory mandates.
Key Legal Principles from These Cases and Statutes
The Forensic Review Board operates as an administrative body with rulemaking and procedural authority defined in Title 277.
Due process protections are critical: patients must have notice, representation, and opportunity to be heard.
The Board’s role is advisory and evaluative, providing recommendations to courts, which have final legal authority.
Evidence presented must be sufficient to justify continued commitment or release.
The Board balances public safety interests with patient rights, as required by statute and administrative rules.
Summary
| Aspect | Explanation |
|---|---|
| Authority | Oklahoma Statutes Title 43A and OAC Title 277 empower the Forensic Review Board. |
| Purpose | Review forensic patient status (NGRI or incompetent) and recommend treatment or release. |
| Procedures | Hearings with due process protections; regular reviews of patient status. |
| Decision-making | Board recommendations submitted to courts; courts hold final authority. |
| Case Law | Oklahoma courts require procedural fairness, clear evidence, and respect of due process. |
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