Concurrent resolution; consent decree; Department of Mental Health and Substance Abuse Services, Oklahoma Forensic Center, and the putative class; approval.

Resolution
ENROLLED HOUSE
CONCURRENT
RESOLUTION NO. 1004 By: Hilbert and Lowe (Jason) of
the House

and

Paxton of the Senate

A Concurrent Resolution relating to the consent
decree entered into with the Oklahoma Department of
Mental Health and Substance Abuse Services, the
Oklahoma Forensic Center, and the putative class.

WHEREAS, the Oklahoma Department of Mental Health and Substance
Abuse Services is obligated to provide competency evaluations and
restoration treatment for persons found incompetent to stand trial
in Oklahoma state court criminal proceedings; and

WHEREAS, when an Oklahoma state court determines that a person
is incompetent to stand trial because he or she is a "person
requiring treatment", but capable of achieving competency with
treatment within a reasonable period of time, the state court must
suspend the criminal proceedings and order the Department, or its
designee, to provide treatment, therapy, or training calculated to
allow the person to achieve competency; and

WHEREAS, the Oklahoma Forensic Center is currently the only
Department-operated hospital that provides secure, in-patient
competency restoration treatment in Oklahoma; and

WHEREAS, on March 1, 2023, the putative class filed a class
action lawsuit pursuant to 42 U.S.C., Section 1983 against the
Commissioner of the Department of Mental Health and Substance Abuse
ENR. H. C. R. NO. 1004 Page 2
Services and the Executive Director of the Oklahoma Forensic Center;
and

WHEREAS, the parties have entered into a consent decree pursuant
to case number 23-cv-81-GKF-JFJ filed in the United States District
Court for the Northern District of Oklahoma; and

WHEREAS, the parties acknowledge that plaintiffs' claims and
allegations are serious and credible and the consent decree resolves
plaintiffs' claims while avoiding the costs, uncertainties, and
risks of protracted litigation, likely saving the Department
millions of dollars in legal fees and expenses if the case were
litigated to a conclusion.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
OF THE 1ST SESSION OF THE 60TH OKLAHOMA LEGISLATURE, THE SENATE
CONCURRING THEREIN:

THAT pursuant to the provisions of the consent decree the
Oklahoma Legislature is required to approve the consent decree
pursuant to Section 200 of Title 51 of the Oklahoma Statutes.

THAT the Oklahoma House of Representatives and the Oklahoma
State Senate hereby approve of the consent decree entered into by
the parties.
ENR. H. C. R. NO. 1004 Page 3
Adopted by the House of Representatives the 19th day of
February, 2025.

Presiding Officer of the House
of Representatives

Adopted by the Senate the 4th day of March, 2025.

Presiding Officer of the Senate

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________