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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1765 By: Roberts (Eric)
AS INTRODUCED
An Act relating to mental health; providing for
involuntary treatment for alcohol or other drug
abuse; guaranteeing certain right s; providing
eligibility criteria; providing for treatment
duration; requiring the filing of a petition;
requiring certain petition contents; requiring
security deposit; obligating petitioner for certain
costs; requiring court examination of petitioner;
providing for hearing and notice to respondent;
providing for evaluation of respondent by qualified
health professionals; providing for court -ordered
treatment; providing for cessation of treatment and
dismissal of petition under certain circumstances;
providing for emergency hospitalization; prohibiting
holding of respondent in jail; providing exceptions;
providing for summons; providing for transportation
and costs of transportation; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -430 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
A district court may order involuntary treatment for a person
suffering from alcohol or other drug abuse pursuant to the
procedures set forth in this act. Except as otherwise provided
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herein, all rights guaranteed to involuntarily hospitalized mentally
ill persons shall be guaranteed to persons ordered to undergo
treatment for alcohol or other drug abuse pursuant to this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -431 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
A. No person suffering from alcoh ol or other drug abuse shall
be ordered to undergo involuntary treatment unless that person:
1. Suffers from alcohol or other drug abuse;
2. Presents an imminent danger or imminent threat of danger to
self, family, or others as a result of alcohol or other drug abuse,
or there exists a substantial likelihood of such a threat in the
near future; and
3. Can reasonably benefit from treatment.
B. Proceedings for sixty (60) days or three hundred sixty (360)
days of treatment for an individual suffering from alcohol or other
drug abuse shall be initiated by the filing of a verified petition
in district court. The petition shall conform to the following
requirements:
1. The petition and all subsequent court documents shall be
styled "In the interest of [name of respondent] ";
2. The petition shall be filed by a spouse, relative, or
guardian of the respondent concerning whom the petition is filed;
and
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3. The petition shall set forth:
a. the petitioner's relationship to the respondent ,
b. the respondent's name, residence, or current location,
if known,
c. the name and residence of the respondent's parents, if
living and known, or the respondent's legal guardian,
if any and known,
d. the name and residence of the respondent's spouse, if
any and known,
e. the name and residence of the person having custody of
the respondent, if any, or if no such person is kn own,
the name and residence of the nearest relative or
friend of the respondent or a statement that such a
person is unknown,
f. the petitioner's belief, including the factual basis
therefor, that the respondent is suffering from
alcohol or other drug abuse and presents an imminent
danger or imminent threat of danger to self, family,
or others if not treated for alcohol or other drug
abuse, and
g. whether treatment is being requested for sixty (60) or
three hundred sixty (360) days .
C. Any petition filed pursuant to this section shall be
accompanied by both of the following:
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1. A security deposit to be deposited with the clerk of the
district court that will cover half of the estimated cost of
treatment of the respondent; and
2. A guarantee, signed by the petitioner , obligating the
petitioner to pay the costs of the medical evaluations of the
respondent conducted pursuant to this act and the costs for any
treatment ordered by the court .
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -432 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
A. Upon receipt of a petition filed pursuant to this act, the
court shall examine the petitioner under oath as to the contents of
the petition.
B. If after reviewing the allegations contained in the petition
and examining the petitioner under oath it appears to the court that
there is probable cause to believe the respondent should be ordered
to undergo treatment, then the court shall:
1. Set a date for a hearing within seven (7) days to determine
if there is clear and convincing evidence that the respondent may
reasonably benefit from treatment for alcohol or other drug abuse;
2. Notify the respondent and the legal guardian, if any and
known, the spouse, if any and known, parents, if living and known,
or nearest relative or friend of the respondent of the following:
a. the allegations and content of the petition ,
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b. the date and purpose of the hearing ,
c. the right of the respondent to retain counsel and, if
indigent, that the respondent may be represented by
court-appointed counsel at public expense . Upon
appointment of counsel, an indigent respondent shall
be notified of the name and contact information for
the appointed attorney ,
d. that the court shall cause th e respondent to be
evaluated no later than twenty-four (24) hours before
the hearing date by a licensed physician for the
purpose of a physical examination and by a qualified
health professional for the purpose of a drug and
alcohol addiction assessment and diagn osis, and
e. that the respondent may have an independent expert
evaluation of the respondent 's physical and mental
health conducted at the respondent 's expense; and
3. Cause the respondent to be e valuated no later than twenty-
four (24) hours before the hearing date by two qualified health
professionals, one of whom is a licensed physician and the other of
whom is a health professional qualified to assess and diagnosis
substance abuse disorders . The qualified health professionals shall
certify their findin gs to the court within twenty -four (24) hours of
the evaluations. The findings of each qualified health professional
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shall include a recommendation for treatment if he or she determines
that treatment is necessary.
C. If, upon completion of the hearing, the court finds the
respondent should be ordered to undergo treatment, then the court
shall order such treatment for a period not to exceed sixty (60)
consecutive days or three hundred sixty (360) consecutive days,
whichever period was requested in the petition, agreed to at the
hearing, or recommended by the qualified health professionals who
evaluated the respondent . Failure of a respondent to appear at the
hearing or undergo treatment ordered pursuant to this act may result
in contempt of court proceedi ngs.
D. If at any time after the petition is filed the court finds
that there is no probable cause to continue treatment or if the
petitioner withdraws the petition , then the proceedings shall be
dismissed.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-433 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
A. Following the prehearing evaluations required by this act,
if the court finds by clear and conv incing evidence that the
respondent presents an imminent danger or imminent threat of danger
to self, family, or others as a result of alcohol or other drug
abuse, the court may order the respondent to be hospitalized for a
period not to exceed seventy -two (72) hours.
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B. Any person who is admitted to a hospital pursuant to this
section shall be released from the hospital within seventy -two (72)
hours of admittance.
C. No respondent ordered hospitalized pursuant to this section
shall be held in jail pendin g transportation to the hospital unless
the court has previously found the respondent in contempt of court
for refusal to undergo treatment or failure to appear at the
prehearing evaluations.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -434 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
When the court issues an order requiring a respondent to be
transported to the hospital or treatment facility or if the
respondent fails to atte nd a prehearing evaluation, then the court
shall issue a summons. The summons shall direct the respondent to
appear at the time and place therein specified. If a respondent who
has been summoned fails to appear as directed, t he court may order
law enforcement to transport the respondent to a hospital or
treatment facility designated by the court. The transportation
costs shall be included in the treatment costs to be borne by the
petitioner pursuant to this act.
SECTION 6. This act shall become effective November 1, 2021.
58-1-5987 AB 01/12/21