Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB87 Amended / Bill

Filed 04/08/2021

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
ENGROSSED SENATE 
BILL NO. 87 	By: Haste of the Senate 
 
  and 
 
  Bush of the House 
 
 
 
 
An Act relating to mental health diversion by law 
enforcement; amending 43A O.S. 2011, Section 3 -428, 
which relates to intoxicated persons in public 
places; modifying language; modifying allowable 
facilities; allowing certain program establishment; 
directing certain authorization; and providing an 
effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     43A O.S. 2011, Section 3 -428, is 
amended to read as follows: 
Section 3-428.  A.  An intoxicated person in a public place , as 
defined in Section 8 of Title 37 of the Oklahoma Statutes, who 
appears to be in need of help, if the person consents to the offered 
help, may be assisted to: 
1.  His or her home; 
2.  An alternative facility pursuant to the provisions of this 
section; or   
 
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3.  An approved treatment or evaluation facility by a peace 
officer or an emergency service patrol. 
B.  1.  A person who appears to be intoxicated, and as a result 
of such intoxication is unconscious in a public place or reasonably 
appears to be in danger of harming himself or herself or others, may 
be taken into protective custody by a peace officer or an emergency 
service patrol and immediately brought to an approved treatment 
facility for medical or nonmedical detoxification. 
2.  The peace officer or the emergency service patrol, in 
detaining the person and taking the person to an approved treatment 
facility, is taking the person into protective custody and shall 
make every reasonable effort to protect the person ’s health and 
safety. 
3.  In taking the person into protective custody, the detaining 
officer may take reasonable steps for self -protection.  No record 
shall be made which indicates that the person has been arrested or 
charged with a crime. 
C.  1.  If the Department of Mental Health and Substance Abuse 
Services, or the governing body of any municipality, has approved a 
program alternative to statutory or municipal requirements of 
prosecution and imprisonment of such person, until the capacity to 
accommodate intoxicated persons has been exceeded in the facility 
wherein such alterna tive program is located, the arresting officer 
and other public officials involved in an arrest pursuant to this   
 
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section shall utilize such alternative treatment program upon the 
voluntary approval of the intoxicated person and the receiving 
facility rather than proceed under the statutory or municipal laws 
pertaining to prosecution and imprisonment of intoxicated persons. 
2.  A facility in which the program is located may make 
application to the Department of Mental Health and Substance Abuse 
Services for approval, but no such program or facility wherein such 
program is located shall claim or advertise to be a certified 
treatment facility unless duly certified as such by the Department 
of Mental Health and Substance Abuse Services. 
3.  All facilities acquir ing the approval of an alternative 
program shall establish their own capacity for the number of persons 
to be accommodated in the program. 
4.  It shall be the duty of the State Department of Health to 
investigate all complaints concerning general sanitatio n made in the 
form of a sworn affidavit against such municipally approved 
alternative facilities. 
5.  In the event the complaints are found to be true, the State 
Commissioner of Health shall have the power to order improvements or 
closure. 
D.  A person who is brought to an alternative facility or an 
approved treatment facility may be admitted as a consumer by the 
administrator in charge of the facility or referred to another 
treatment facility.   
 
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E.  1.  A person may not be detained at the approved treatment 
facility when the person either is no longer unconscious, or no 
longer appears likely to be of harm to self or others. 
2.  If the person remains unconscious or likely to harm himself 
or herself or others, the person may be detained for no more than 
twelve (12) hours, excluding weekends and legal holidays, after 
admission unless a petition for an order directing the commitment of 
the person to an approved treatment facility has been filed 
according to the Mental Health Law provisions and procedures for 
commitment.  The person may consent to remain in the facility as 
long as the administrator or physician in charge believes 
appropriate. 
F.  If a person is admitted to an approved treatment facility 
under this section, the person may notify relatives of the admi ssion 
or another person may, with the consent of the admittee, notify 
relatives of the admission. 
G.  1.  A person in possession of a controlled dangerous 
substance, as defined in Section 2 -101 of Title 63 of the Oklahoma 
Statutes, or in possession of drug paraphernalia, as defined in 
Section 2-405 of Title 63 of the Oklahoma Statutes, who appears to 
be in need of help, and if the person consents to the offered help, 
in lieu of arrest, may be taken to: 
a. an approved drug treatment center, 
b. an approved center for substance abuse evaluation, or   
 
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c. some other facility, as defined in paragraph 1 of 
subsection C of this section, by a law enforcement 
officer. 
2.  Any creation of a program as provided in this subsection 
shall be subject to the authority of the a ppropriate county, 
municipal or tribal governing body and any of its subsidiaries.  The 
Department of Mental Health and Substance Abuse Services has the 
authority to approve or disapprove individual treatment centers as 
described in this subsection. 
3.  The creation of any program as provided in this subsection 
must be created with the advice and consent of the county ’s district 
attorney and must be approved annually by the county ’s district 
attorney. 
SECTION 2.  This act shall become effect ive November 1, 2021. 
 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated 
04/08/2021 - DO PASS.