An Act
ENROLLED SENATE
BILL NO. 50 By: Howard of the Senate
and
Worthen of the House
An Act relating to confidentiality of court records;
amending 22 O.S. 2011, Section 47 2, as amended by
Section 1, Chapter 180, O.S.L. 2014 (22 O.S. Supp.
2020, Section 472), which relates to mental health
courts; establishing confidentiality requir ements for
cases assigned to mental health court prog rams; and
providing an effective date.
SUBJECT: Confidentiality of court records
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 472, as
amended by Section 1, Chapter 180, O.S.L. 2014 (22 O.S. Supp. 20 20,
Section 472), is amended to read as follows:
Section 472. A. This section shall be known and may be cited
as the “Anna McBride Act”.
B. Any district or municipal court of this state may establish
a mental health court program pursuant to the provisions of t his
section, subject to the availability of funds.
C. The court may request assistance from the Department of
Mental Health and Substance Abuse Services which shall be the
primary agency to assist in developi ng and implementing a mental
health court program.
ENR. S. B. NO. 50 Page 2
D. For purposes of this section, “mental health court” means a
judicial process that utilizes specially tra ined court personnel to
expedite the a case and explore alternatives to incarceration for
offenders an offender charged with criminal offenses o ther than a
crime listed in paragraph 2 o f Section 571 of Title 57 of the
Oklahoma Statutes who have has a mental illness or a developmental
disability, or a co-occurring mental illness and substance abuse
disorder. The district attorney ’s office may use discretion in the
prosecution of those offenders an offender specified in this
subsection subject to the restric tions provided in subsection E of
this section.
E. The court shall have the authority to exclude from mental
health court any offender arrested or charged with any violent
offense or any offender who has a prior felony conviction in this
state or another state for a violent offense. Eligibility and entry
by an offender into the mental health court p rogram is dependent
upon prior approval of the district attorney. Eligible offenses may
further be restricted by the rules of the specific mental health
court program. The court also shall have the authority to exclude
persons from mental health court wh o have a propensity for violence.
F. The mental health court judge shall recognize relapses and
restarts in the program which shall be considered as part of t he
rehabilitation and recovery process. The court shall accomplish
monitoring and offender accou ntability by ordering progressively
increasing sanctions or providing incentives, rather than removing
the offender from the program when a violation occurs, e xcept when
the conduct of the offender requires revocation from the program.
Any revocation from the mental health court program shall require
notice to the offender and other participating parties in the case
and a revocation hearing. At the revocation hearing, if the
offender is found to have violated the conditions of the plea
agreement or performance contract and disciplinary sanctions have
been insufficient to gain compliance, the offender shall be revoked
from the program and sentenced for the offen se as provided in the
plea agreement.
G. Any criminal case which has been filed and p rocessed in the
traditional manner shall be cross -referenced to a mental health
court case file by the court clerk if the case is subsequently
assigned to a mental health court program. The originating criminal
ENR. S. B. NO. 50 Page 3
case file shall remain open to public inspection. The court shall
determine what information or plead ings are to be retained in the
mental health case court file, which shall be closed to public
inspection.
SECTION 2. This act shall become effective November 1, 2021.
ENR. S. B. NO. 50 Page 4
Passed the Senate the 1st day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 15th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __