Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB3 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 3 By: Bullard, David, Bergstrom
7	37		and Stephens of the Senate
8	38
9	39		and
10	40
11		-	Humphrey, Wallace, Fugate,
12		-	Roe and Luttrell of the
	41	+	Humphrey and Wallace of the
13	42		House
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18	47		An Act relating to transportation for mental health
19	48		services by law enforcement; amending 43A O.S. 2011,
20	49		Section 1-110, as last amended by Section 1, Chapter
21	50		374, O.S.L. 2016 (43A O.S. Supp. 2020, Section 1 -
22	51		110), which relates to law enforcement responsibility
23	52		for transporting persons for mental health services;
24	53		authorizing certain use of telemedicine; providing
25	54		definitions; amending certain responsibility;
26	55		authorizing certain agreements; amending 43A O.S.
27	56		2011, Section 5-207, as amended by Section 2, Chapter
28	57		296, O.S.L. 2012 (43A O.S. Supp. 2020, Section 5 -
29	58		207), which relates to the Local Law Enforcement
30	59		Mental Health Manpower Act; amending certain
31	60		transportation responsibility; providing for certain
32	61		contracting; removing certain transportation
33	62		determinants; and providing a n effective date.
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38		-	SUBJECT: Mental health transport by law enforcement
39		-
40	67		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
41		-
42	68		SECTION 1. AMENDATORY 43A O.S. 2011, Section 1 -110, as
43	69		last amended by Section 1, Chapter 374, O.S.L. 2016 (43A O.S. Supp.
44	70		2020, Section 1-110), is amended to read as follows:
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46	97
47		-	ENR. S. B. NO. 3 Page 2
48	98		Section 1-110. A. Sheriffs and peace officers may utilize
49	99		telemedicine, when such capability is available and is in the
50	100		possession of the local law enforcement agency, to have a person
51	101		whom the officer reasonably believes is a perso n requiring
52	102		treatment, as defined in Section 1 -103 of this title, assessed by a
53	103		licensed mental health professional employed by or under contract
54	104		with a facility operated by, certified by or contracted with the
55	105		Department of Mental Health and Substance Abu se Services. To serve
56	106		the mental health needs of persons of their jurisdiction, peace
57	107		officers shall be responsible for transporting individuals in need
58	108		of initial assessment, emergency detention or protective custody
59	109		from the initial point of contact to and from designated sites or
60	110		facilities for the purpose of examination, emergency detention,
61	111		protective custody and inpatient services the nearest facility, as
62	112		defined in Section 1 -103 of this title, within a thirty (30) mile
63	113		radius of the peace officer ’s operational headquarters. If there is
64	114		not a facility within a thirty (30) mile radius of the peace
65	115		officer’s operational headquarters, transportation to a facility
66	116		shall be completed by either the Department of Mental Health and
67	117		Substance Abuse Services o r an entity contracted by the Department
68	118		for alternative transportation. For purposes of this section,
69	119		“initial contact” is defined as contact with an individual in need
70	120		of assessment, emergency detention or protective custody made by a
71	121		law enforcement officer. Initial contact in this section does not
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72	149		include an individual self -presenting at a facility as defined in
73	150		Section 1-103 of this title.
74		-
75	151		B. A municipal law enforcement agency shall be responsible for
76	152		transportation as provided in this act for any individual found
77	153		within such municipality ’s jurisdiction. The county sheriff shall
78	154		be responsible for transportation as provided in this act for any
79	155		individual found outside of a municipality ’s jurisdiction, but
80	156		within the county.
81		-
82	157		C. The law enforcement a gency transporting an individual to and
83	158		from designated sites or facilities pursuant to the provisions of
84	159		this section shall maintain responsibility for the transportation of
85	160		such individual pending completion of the examination, emergency
86	161		detention, protective custody and inpatient services Once an
87	162		individual has been presented to the facility, as provided in
88	163		subsection A of this section, by a transporting law enforcement
89	164		officer, the transporting law enforcement agency shall be
90		-
91		-	ENR. S. B. NO. 3 Page 3
92	165		responsible for any subsequ ent transportation of such individual
93	166		pending completion of the initial assessment, emergency detention,
94	167		protective custody or inpatient services within a thirty (30) mile
95	168		radius of the peace officer ’s operational headquarters. All
96	169		transportation over thi rty (30) miles must be completed by either
97	170		the Department of Mental Health and Substance Abuse Services or an
98	171		entity contracted by the Department for alternative transportation .
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100	199		D. Sheriffs and peace officers shall be entitled to
101	200		reimbursement from the De partment of Mental Health and Substance
102	201		Abuse Services for transportation services associated with minors or
103	202		adults requiring examination initial assessment, emergency
104	203		detention, protective custody and inpatient services.
105		-
106	204		E. Any transportation provided by a sheriff or deputy sheriff
107	205		or a peace officer on behalf of any county, city, town or
108	206		municipality of this state, to or from any facility for the purpose
109	207		of examination initial assessment, admission, interfacility
110	208		transfer, medical treatment or court appe arance shall be reimbursed
111	209		in accordance with the provisions of the State Travel Reimbursement
112	210		Act.
113		-
114	211		F. Nothing in this section shall prohibit a law enforcement
115	212		agency or the Department of Mental Health and Substance Abuse
116	213		Services from entering into a law ful agreement with any other law
117	214		enforcement agency to fulfill the requirements established by this
118	215		section or from contracting with a third party to provide the
119	216		services established by this section provided the third party meets
120	217		minimum standards as deter mined by the Department . Standards
121	218		determined by the Department shall not exceed the standards required
122	219		by law enforcement.
123		-
124	220		G. A law enforcement agency shall not be liable for the actions
125	221		of a peace officer commissioned by the agency when such officer is
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126	249		providing services as a third party pursuant to subsection F of this
127	250		section outside his or her primary employment as a peace officer.
128		-
129	251		SECTION 2. AMENDATORY 43A O.S. 2011, Section 5 -207, as
130	252		amended by Section 2, Chapter 296, O.S. L. 2012 (43A O.S. Supp. 2020,
131	253		Section 5-207), is amended to read as follows:
132		-
133		-
134		-	ENR. S. B. NO. 3 Page 4
135	254		Section 5-207. A. Any person who appears to be or states that
136	255		such person is mentally ill, alcohol -dependent, or drug-dependent to
137	256		a degree that immediate emergency action is ne cessary may be taken
138	257		into protective custody and detained as provided pursuant to the
139	258		provisions of this section. Nothing in this section shall be
140	259		construed as being in lieu of prosecution under state or local
141	260		statutes or ordinances relating to public int oxication offenses.
142		-
143	261		B. 1. Any peace officer who reasonably believes that a person
144	262		is a person requiring treatment as defined in Section 1 -103 of this
145	263		title shall take the person into protective custody. The officer
146	264		shall make every reasonable effort to take the person into custody
147	265		in the least conspicuous manner.
148		-
149	266		2. Upon taking the person into protective custody, the officer
150	267		may relinquish custody of the person believed to require treatment
151	268		to a duly qualified reserve officer or deputy employed by the s ame
152	269		agency to fulfill the officer ’s duties as required by this title.
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154	270		C. The officer shall prepare a written statement indicating the
155	271		basis for the officer ’s belief that the person is a person requiring
156	272		treatment and the circumstances under which the offi cer took the
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157	300		person into protective custody. The officer shall give a copy of
158	301		the statement to the person or the person ’s attorney upon the
159	302		request of either. If the officer does not make the determination
160	303		to take an individual into protective custody on the basis of the
161	304		officer’s personal observation, the officer shall not be required to
162	305		prepare a written statement. However, the person stating to be
163	306		mentally ill, alcohol -dependent, or drug-dependent or the person
164	307		upon whose statement the officer relies shall sign a written
165	308		statement indicating the basis for such person ’s belief that the
166	309		person is a person requiring treatment. Any false statement given
167	310		to the officer by the person upon whose statement the officer relies
168	311		shall be a misdemeanor and subject to the sanctions of Title 21 of
169	312		the Oklahoma Statutes.
170		-
171	313		D. If the person is medically stable, the officer shall
172	314		immediately transport the person to an urgent recovery clinic or to
173	315		the nearest facility designated by the Commissioner of Mental Health
174	316		and Substance Abuse Services as an appropriate facility , as defined
175	317		in Section 1-103 of this title, for an initial assessment within a
176	318		thirty (30) mile radius of the peace officer ’s operational
177		-
178		-	ENR. S. B. NO. 3 Page 5
179	319		headquarters, or may use telemedicine with a licensed mental health
180	320		professional employed or under contract with a facility operated by ,
181	321		certified by or contracted with the Department of Mental Health and
182	322		Substance Abuse Services to perform an initial assessment . If,
183	323		subsequent to an initial assessment, it is determined t hat emergency
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184	351		detention is warranted, the officer shall immediately transport the
185	352		person to the nearest facility , designated by the Commissioner as
186	353		appropriate for such detention, that has bed space available if the
187	354		facility is within thirty (30) miles of the peace officer’s
188	355		operational headquarters and the individual was determined to be a
189	356		person requiring treatment. The Department of Mental Health and
190	357		Substance Abuse Services may contract for the use of alternative
191	358		transportation providers to transport i ndividuals to facilities
192	359		designated for emergency detention when the nearest facility with
193	360		available bed space is more than thirty (30) miles from the peace
194	361		officer’s operational headquarters and the individual was determined
195	362		to be a person requiring treat ment. For the purposes of this
196	363		section, “urgent recovery clinics ” means clinics that offer services
197	364		aimed at the assessment and immediate stabilization of acute
198	365		symptoms of mental illness, alcohol and other drug abuse and
199	366		emotional distress, provided no m ore than twenty-three (23) hours
200	367		and fifty-nine (59) minutes of services are provided to a consumer
201	368		during one episode of care . If it is determined by the facility
202	369		director or designee that the person is not medically stable, the
203	370		officer shall immediately transport the person to the nearest
204	371		hospital or other appropriate treatment facility.
205		-
206	372		E. If the person is medically unstable, the person may be
207	373		transported to an appropriate medical facility for medical
208	374		treatment. A treating physician may authorize that the person be
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209	402		detained until the person becomes medically stable. When the person
210	403		becomes medically stable, if in the opinion of the treating or
211	404		discharging physician, the patient is still a person requiring
212	405		treatment as defined in Section 1 -103 of this title, the physician
213	406		shall authorize detention of the patient for transportation as
214	407		provided in subsection D of this section by an appropriate law
215	408		enforcement agency.
216		-
217	409		F. If the nearest facility designated by the Commissioner as an
218	410		appropriate facility for an initial assessment or detention is in
219	411		excess of fifty (50) miles from the county seat of the county in
220	412		which the person is located, and whenever, as provided in paragraph
221		-
222		-	ENR. S. B. NO. 3 Page 6
223	413		(b) of Article III of Section 6 -201 of this title, there are factors
224	414		based upon clinical determinations made within the state indicating
225	415		that the care and treatment of the person would be facilitated or
226	416		improved thereby, the person may be transported by the officer to a
227	417		facility in another state if the facility:
228		-
229	418		1. Is located in a sta te that has enacted into law and entered
230	419		into the Interstate Compact on Mental Health;
231		-
232	420		2. Is designated or accredited by the mental health authorities
233	421		of that state as an appropriate facility for an initial assessment
234	422		or detention of such person;
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236	423		3. Is accredited by the Joint Commission;
237		-
238	424		4. Is the nearest available facility to the county seat of the
239	425		county in which the person is located; and
240	426
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241	453		5. Has agreed prior to the person leaving the state to receive
242	454		the person for initial assessment or detention.
243		-
244	455		G. The parent, brother or sister who is eighteen (18) years of
245	456		age or older, child who is eighteen (18) years of age or older, or
246	457		guardian of the person, or a person who appears to be or states that
247	458		such person is mentally ill, alcohol -dependent, or drug-dependent to
248	459		a degree that emergency action is necessary may request the
249	460		administrator of a facility designated by the Commissioner as an
250	461		appropriate facility for an initial assessment to conduct an initial
251	462		assessment to determine whether the condition of th e person is such
252	463		that emergency detention is warranted and, if emergency detention is
253	464		warranted, to detain the person as provided in Section 5 -206 of this
254	465		title.
255		-
256	466		SECTION 3. This act shall become effective November 1, 2021.
257	467
258		-
259		-	ENR. S. B. NO. 3 Page 7
260		-	Passed the Senate the 1st day of March, 2021.
261		-
262		-
263		-
264		-	Presiding Officer of the Senate
265		-
266		-
267		-	Passed the House of Represent atives the 12th day of April, 2021.
268		-
269		-
270		-
271		-	Presiding Officer of the House
272		-	of Representatives
273		-
274		-	OFFICE OF THE GOVERNOR
275		-	Received by the Office of the Governor this ____________________
276		-	day of ___________________, 20_______, at _______ o'clock _______ M.
277		-	By: _______________________________ __
278		-	Approved by the Governor of the State of Oklahoma this _____ ____
279		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
280		-
281		-	____________________ _____________
282		-	Governor of the State of Oklahoma
283		-
284		-
285		-	OFFICE OF THE SECRETARY OF STATE
286		-	Received by the Office of the Secretary of State this _______ ___
287		-	day of __________________, 20 _______, at _______ o'clock _______ M.
288		-	By: _______________________________ __
	468	+	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
	469	+	dated 03/25/2021 - DO PASS, As Coauthored.