1| SENATE FLOOR VERSION |
| April 12, 2023 |
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3|COMMITTEE SUBSTITUTE |
|FOR ENGROSSED |
4|HOUSE BILL NO. 2864 By: Wallace of the House |
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5| and |
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6| Bullard of the Senate |
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7| |
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8| |
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9| [ mental health - fund - expenditures - mental health |
| services - transport - protective custody and |
10| detention - codification - effective date ] |
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11| |
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12| |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. NEW LAW A new section of law to be codified |
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15|in the Oklahoma Statutes as Section 1-110.1 of Title 43A, unless |
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16|there is created a duplication in numbering, reads as follows: |
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17| There is hereby created in the State Treasury a revolving fund |
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18|for the Department of Mental Health and Substance Abuse Services to |
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19|be designated the "Mental Health Transport Revolving Fund". The |
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20|fund shall be a continuing fund, not subject to fiscal year |
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21|limitations, and shall consist of all monies received by the |
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22|Department from appropriations or other monies directed to the fund. |
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23| All monies accruing to the credit of the fund are hereby |
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24|appropriated and may be budgeted and expended by the Department to |
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1|carry out the provisions of Section 1-110 of Title 43A of the |
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2|Oklahoma Statutes. Expenditures from the fund shall be made upon |
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3|warrants issued by the State Treasurer against claims filed as |
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4|prescribed by law with the Director of the Office of Management and |
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5|Enterprise Services for approval and payment. |
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6| SECTION 2. AMENDATORY 43A O.S. 2021, Section 1-110, is |
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7|amended to read as follows: |
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8| Section 1-110. A. Sheriffs As an alternative to transport |
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9|under subsection B of this section for the sole purpose of initial |
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10|assessment of a person who the officer reasonably believes is a |
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11|person requiring treatment, as defined in Section 1-103 of this |
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12|title, sheriffs and peace officers may request an assessment at the |
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13|point of initial contact by the Department of Mental Health and |
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14|Substance Abuse Services. To conduct the assessment, the Department |
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15|may utilize telemedicine: |
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16| 1. Telemedicine, when such capability is available and is |
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17|through a mobile computing device in the possession of the local law |
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18|enforcement agency, to have a person whom the officer reasonably |
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19|believes is a person requiring treatment, as defined in Section |
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20|1-103 of this title, the person assessed by a licensed mental health |
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21|professional employed by or under contract with a facility operated |
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22|by, certified by or contracted with the Department of Mental Health |
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23|and Substance Abuse Services; or |
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24| |
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1| 2. An in-person assessment by a licensed mental health |
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2|professional on a mobile crisis response team or who is employed by |
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3|or under contract with a facility operated by, certified by or |
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4|contracted with the Department. |
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5| B. 1. To serve the mental health needs of persons of their |
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6|jurisdiction, peace officers shall be responsible for transporting |
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7|individuals in need of: |
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8| a. initial assessment, except when the individual has |
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9| been assessed at the point of initial contact by the |
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10| Department under subsection A of this section, or |
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11| b. emergency detention or protective custody under |
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12| Section 5-207 of this title, unless the officer has |
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13| already transported the individual to the facility for |
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14| initial assessment, |
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15|from the initial point of initial contact to the nearest facility, |
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16|as defined in Section 1-103 of this title, that is appropriate for |
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17|initial assessment or treatment of the individual within a thirty |
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18|(30) mile thirty-mile radius of the peace officer's operational |
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19|headquarters. |
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20| If there is not a facility within a thirty (30) mile radius of |
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21|the peace officer's operational headquarters, transportation |
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22| 2. Transportation to a the nearest appropriate facility shall |
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23|be completed by either the Department of Mental Health and Substance |
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1|Abuse Services or an entity contracted by the Department for |
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2|alternative transportation if: |
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3| a. there is not an appropriate facility within a |
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4| thirty-mile radius of the peace officer's operational |
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5| headquarters, or |
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6| b. the officer has already transported the individual to |
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7| an appropriate facility for initial assessment. |
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8| 3. For purposes of this section, "initial contact" is defined |
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9|as contact with an individual in need of assessment, emergency |
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10|detention or protective custody made by a law enforcement officer. |
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11|Initial contact in this section does not include an individual |
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12|self-presenting at a facility as defined in Section 1-103 of this |
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13|title. |
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14| 4. When an individual self-presents at a facility as defined in |
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15|Section 1-103 of this title or at a medical facility and is placed |
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16|into protective custody under Section 5-207 of this title due to a |
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17|determination that the individual is a person requiring treatment as |
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18|defined in Section 1-103 of this title, and if transport to another |
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19|facility is needed for initial assessment or treatment, the person |
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20|shall be transported to the nearest appropriate facility as provided |
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21|by this subsection. |
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22| 5. When an individual self-presents at a facility as defined in |
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23|Section 1-103 of this title or at a medical facility and is not |
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24|placed into protective custody under Section 5-207 of this title, |
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1|but consents to voluntary transport to a facility as defined in |
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2|Section 1-103 of this title for treatment, transport or the |
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3|arrangement of transport shall be the responsibility of the facility |
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4|receiving the individual, unless the individual chooses to arrange |
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5|his or her own transportation. |
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6| 6. The transportation requirements provided by this subsection, |
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7|to the extent such requirements are applicable to peace officers, |
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8|shall be considered fulfilled once the person has been transported |
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9|to the facility, the officer has made contact with the appropriate |
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10|staff of the facility, and the staff of the facility have determined |
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11|that the patient does not present a clear or immediate threat to his |
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12|or her own safety or to the safety of the staff of the facility. |
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13|Once custody of the individual has been transferred to the |
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14|appropriate facility staff, the peace officer shall not be required |
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15|to remain at the facility with the individual pending initial |
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16|assessment or treatment. |
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17| B. C. A municipal law enforcement agency shall be responsible |
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18|for transportation as provided in this act section for any |
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19|individual found within such municipality's jurisdiction. The |
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20|county sheriff shall be responsible for transportation as provided |
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21|in this act section for any individual found outside of a |
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22|municipality's jurisdiction, but within the county. |
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23| C. D. Once an individual has been presented to the an |
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24|appropriate facility, as provided in subsection A B of this section, |
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1|by a transporting law enforcement officer, the transporting law |
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2|enforcement agency the Department of Mental Health and Substance |
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3|Abuse Services or an entity contracted by the Department shall be |
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4|responsible for any subsequent transportation of such individual |
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5|pending completion of the initial assessment, emergency detention, |
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6|protective custody or inpatient services within a thirty (30) mile |
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7|radius of the peace officer's operational headquarters. All |
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8|transportation over thirty (30) miles must be completed by either |
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9|the Department of Mental Health and Substance Abuse Services or an |
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10|entity contracted by the Department for alternative transportation. |
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11| D. E. Sheriffs and peace officers shall be entitled to |
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12|reimbursement from the Department of Mental Health and Substance |
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13|Abuse Services for transportation services associated with minors or |
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14|adults requiring initial assessment, emergency detention, protective |
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15|custody and inpatient services. |
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16| E. F. Any transportation provided by a sheriff or deputy |
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17|sheriff or a peace officer on behalf of any county, city, town or |
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18|municipality of this state, to or from any facility for the purpose |
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19|of initial assessment, admission, interfacility transfer, medical |
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20|treatment or court appearance shall be reimbursed in accordance with |
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21|the provisions of the State Travel Reimbursement Act. |
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22| F. G. Nothing in this section shall prohibit a law enforcement |
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23|agency or the Department of Mental Health and Substance Abuse |
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24|Services from entering into a lawful agreement with any other law |
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1|enforcement agency to fulfill the requirements established by this |
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2|section or from contracting with a third party to provide the |
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3|services established by this section, provided the third party meets |
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4|minimum standards as determined by the Department. |
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5| G. H. A law enforcement agency shall not be liable for the |
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6|actions of a peace officer commissioned by the agency when such |
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7|officer is providing services as a third party pursuant to |
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8|subsection F G of this section outside his or her primary employment |
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9|as a peace officer. |
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10| SECTION 3. AMENDATORY 43A O.S. 2021, Section 5-207, as |
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11|amended by Section 3, Chapter 297, O.S.L. 2022 (43A O.S. Supp. 2022, |
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12|Section 5-207), is amended to read as follows: |
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13| Section 5-207. A. Any person who appears to be or states that |
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14|such person is mentally ill, alcohol-dependent, or drug-dependent to |
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15|a degree that immediate emergency action is necessary may be taken |
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16|into protective custody and detained as provided pursuant to the |
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17|provisions of this section. Nothing in this section shall be |
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18|construed as being in lieu of prosecution under state or local |
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19|statutes or ordinances relating to public intoxication offenses. |
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20| B. 1. Any peace officer who reasonably believes that a person |
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21|is a person requiring treatment as defined in Section 1-103 of this |
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22|title shall take the person into protective custody. The officer |
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23|shall make every reasonable effort to take the person into custody |
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24|in the least conspicuous manner. |
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1| 2. Upon taking the person into protective custody, the officer |
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2|may relinquish custody of the person believed to require treatment |
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3|to a duly qualified reserve officer or deputy employed by the same |
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4|agency to fulfill the officer's duties as required by this title. |
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5| C. The officer shall prepare a written statement indicating the |
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6|basis for the officer's belief that the person is a person requiring |
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7|treatment and the circumstances under which the officer took the |
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8|person into protective custody. The officer shall give a copy of |
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9|the statement to the person or the person's attorney upon the |
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10|request of either. If the officer does not make the determination |
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11|to take an individual into protective custody on the basis of the |
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12|officer's personal observation, the officer shall not be required to |
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13|prepare a written statement. However, the person stating to be |
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14|mentally ill, alcohol-dependent or drug-dependent or the person upon |
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15|whose statement the officer relies shall sign a written statement |
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16|indicating the basis for such person's belief that the person is a |
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17|person requiring treatment. Any false statement given to the |
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18|officer by the person upon whose statement the officer relies shall |
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19|be a misdemeanor and subject to the sanctions of Title 21 of the |
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20|Oklahoma Statutes. |
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21| D. If the person is medically stable, the officer shall |
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22|immediately transport the person to an urgent recovery clinic or to |
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23|the nearest facility, as defined in Section 1-103 of this title, for |
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24|an initial assessment within a thirty (30) mile thirty-mile radius |
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1|of the peace officer's operational headquarters, or may use |
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2|telemedicine with a licensed mental health professional employed or |
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3|under contract with a facility operated by, certified by or |
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4|contracted with request an assessment at the point of initial |
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5|contact by the Department of Mental Health and Substance Abuse |
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6|Services to perform an initial assessment as provided by subsection |
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7|A of Section 1-110 of this title. If, subsequent to an initial |
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8|assessment, it is determined that emergency detention is warranted, |
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9|the officer shall immediately transport the person shall immediately |
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10|be transported to the nearest facility that is appropriate for |
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11|treatment of the individual and has bed space available if the |
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12|facility is within thirty (30) miles of the peace officer's |
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13|operational headquarters and the individual was has been determined |
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14|to be a person requiring treatment. The Department of Mental Health |
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15|and Substance Abuse Services may contract for the use of alternative |
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16|transportation providers to transport individuals to facilities |
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17|designated for emergency detention when the nearest facility with |
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18|available bed space is more than thirty (30) miles from the peace |
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19|officer's operational headquarters and the individual was determined |
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20|to be a person requiring treatment. Transport shall be provided in |
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21|accordance with subsection B of Section 1-110 of this title. |
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22| E. For the purposes of this section, "urgent recovery clinics" |
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23|means clinics that offer voluntary services aimed at the assessment |
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24|and immediate stabilization of acute symptoms of mental illness, |
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1|alcohol and other drug abuse and emotional distress; provided that, |
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2|unless the person consents to a longer duration, no more than |
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3|twenty-three (23) hours and fifty-nine (59) minutes of services are |
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4|provided to a consumer during one episode of care. |
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5| F. If it is determined by the facility director or designee |
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6|that the person is not medically stable, the officer Department |
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7|shall immediately transport the person to the nearest hospital or |
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8|other appropriate treatment facility. |
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9| E. If the person is medically unstable, the person may be |
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10|transported to an appropriate medical facility for medical |
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11|treatment. A treating physician may authorize that the person be |
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12|detained until the person becomes medically stable. The time limit |
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13|on the emergency detention period stipulated under Section 5-208 of |
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14|this title shall be tolled until the person who appears to be a |
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15|person requiring treatment is medically stabilized. When the person |
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16|becomes medically stable, if in the opinion of the treating or |
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17|discharging physician, the patient is still a person requiring |
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18|treatment as defined in Section 1-103 of this title, the physician |
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19|shall authorize detention of the patient for transportation as |
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20|provided in subsection D of this section. |
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21| F. G. The parent, brother or sister who is eighteen (18) years |
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22|of age or older, child who is eighteen (18) years of age or older, |
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23|or guardian of the person, or a person who appears to be or states |
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24|that such person is mentally ill, alcohol-dependent or |
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1|drug-dependent to a degree that emergency action is necessary may |
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2|request the administrator of a facility designated by the |
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3|Commissioner as an appropriate facility for an initial assessment to |
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4|conduct an initial assessment to determine whether the condition of |
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5|the person is such that emergency detention is warranted and, if |
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6|emergency detention is warranted, to detain the person as provided |
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7|in Sections 5-206 through 5-209 of this title. |
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8| SECTION 4. This act shall become effective November 1, 2023. |
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9|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS |
|April 12, 2023 - DO PASS AS AMENDED BY CS |
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