Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB87 Compare Versions

Version 1 (Old)

Version 2 (New)

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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. 87 By: Haste of the Senate
7	37
8	38		and
9	39
10		-	Bush and Provenzano of the
11		-	House
	40	+	Bush of the House
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16	45		An Act relating to mental health diversion by law
17	46		enforcement; amending 43A O.S. 2011, Section 3 -428,
18	47		which relates to intoxicated persons in public
19	48		places; modifying language; modifying allowable
20	49		facilities; allowing certain program establishment;
21	50		directing certain authorization; and providing an
22	51		effective date.
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28		-	SUBJECT: Authorizing certain persons to be diverted to drug
29		-	treatment or evaluation centers
30		-
31	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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33	58		SECTION 1. AMENDATORY 43A O.S. 2011, Section 3 -428, is
34	59		amended to read as follows:
35		-
36	60		Section 3-428. A. An intoxicated person in a public place , as
37	61		defined in Section 8 of Title 37 of the Oklahoma Statutes, who
38	62		appears to be in need of help, if the person consents to the offered
39	63		help, may be assisted to:
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41	64		1. His or her home;
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43	65		2. An alternative facility pursuant to the provisions of this
44	66		section; or
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	68	+	SB87 HFLR Page 2
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47		-	ENR. S. B. NO. 87 Page 2
48	94		3. An approved treatment or evaluation facility by a peace
49	95		officer or an emergency service patrol.
50		-
51	96		B. 1. A person who appears to be intoxicated, and as a result
52	97		of such intoxication is unconscious in a public place or reasonably
53	98		appears to be in danger of harming himself or herself or others, may
54	99		be taken into protective custody by a peace officer or an emergency
55	100		service patrol and immediately brought to an approved treatment
56	101		facility for medical or nonmedical detoxification.
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58	102		2. The peace officer or the emergency service patrol, in
59	103		detaining the person and taking the person to an approved treatment
60	104		facility, is taking the person into protective custody and shall
61	105		make every reasonable effort to protect the person ’s health and
62	106		safety.
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64	107		3. In taking the person into protective custody, the detaining
65	108		officer may take reasonable steps for self -protection. No record
66	109		shall be made which indicates that the person has been arrested or
67	110		charged with a crime.
68		-
69	111		C. 1. If the Department of Mental Health and Substance Abuse
70	112		Services, or the governing body of any municipality, has approved a
71	113		program alternative to statutory or municipal requirements of
72	114		prosecution and imprisonment of such person, until the capacity to
73	115		accommodate intoxicated persons has been exceeded in the facility
74	116		wherein such alterna tive program is located, the arresting officer
75	117		and other public officials involved in an arrest pursuant to this
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	119	+	SB87 HFLR Page 3
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76	145		section shall utilize such alternative treatment program upon the
77	146		voluntary approval of the intoxicated person and the receiving
78	147		facility rather than proceed under the statutory or municipal laws
79	148		pertaining to prosecution and imprisonment of intoxicated persons.
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81	149		2. A facility in which the program is located may make
82	150		application to the Department of Mental Health and Substance Abuse
83	151		Services for approval, but no such program or facility wherein such
84	152		program is located shall claim or advertise to be a certified
85	153		treatment facility unless duly certified as such by the Department
86	154		of Mental Health and Substance Abuse Services.
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89		-	ENR. S. B. NO. 87 Page 3
90	155		3. All facilities acquir ing the approval of an alternative
91	156		program shall establish their own capacity for the number of persons
92	157		to be accommodated in the program.
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94	158		4. It shall be the duty of the State Department of Health to
95	159		investigate all complaints concerning general sanitatio n made in the
96	160		form of a sworn affidavit against such municipally approved
97	161		alternative facilities.
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99	162		5. In the event the complaints are found to be true, the State
100	163		Commissioner of Health shall have the power to order improvements or
101	164		closure.
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103	165		D. A person who is brought to an alternative facility or an
104	166		approved treatment facility may be admitted as a consumer by the
105	167		administrator in charge of the facility or referred to another
106	168		treatment facility.
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108	196		E. 1. A person may not be detained at the approved treatment
109	197		facility when the person either is no longer unconscious, or no
110	198		longer appears likely to be of harm to self or others.
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112	199		2. If the person remains unconscious or likely to harm himself
113	200		or herself or others, the person may be detained for no more than
114	201		twelve (12) hours, excluding weekends and legal holidays, after
115	202		admission unless a petition for an order directing the commitment of
116	203		the person to an approved treatment facility has been filed
117	204		according to the Mental Health Law provisions and procedures for
118	205		commitment. The person may consent to remain in the facility as
119	206		long as the administrator or physician in charge believes
120	207		appropriate.
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122	208		F. If a person is admitted to an approved treatment facility
123	209		under this section, the person may notify relatives of the admi ssion
124	210		or another person may, with the consent of the admittee, notify
125	211		relatives of the admission.
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127	212		G. 1. A person in possession of a controlled dangerous
128	213		substance, as defined in Section 2 -101 of Title 63 of the Oklahoma
129	214		Statutes, or in possession of drug paraphernalia, as defined in
130	215		Section 2-405 of Title 63 of the Oklahoma Statutes, who appears to
131		-
132		-	ENR. S. B. NO. 87 Page 4
133	216		be in need of help, and if the person consents to the offered help,
134	217		in lieu of arrest, may be taken to:
	218	+	a. an approved drug treatment center,
	219	+	b. an approved center for substance abuse evaluation, or
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136		-	a. an approved drug treatment center,
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138		-	b. an approved center for substance abuse evaluation , or
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140	247		c. some other facility, as defined in paragraph 1 of
141	248		subsection C of this section, by a law enforcement
142	249		officer.
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144	250		2. Any creation of a program as provided in this subsection
145	251		shall be subject to the authority of the a ppropriate county,
146	252		municipal or tribal governing body and any of its subsidiaries. The
147	253		Department of Mental Health and Substance Abuse Services has the
148	254		authority to approve or disapprove individual treatment centers as
149	255		described in this subsection.
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151	256		3. The creation of any program as provided in this subsection
152	257		must be created with the advice and consent of the county ’s district
153	258		attorney and must be approved annually by the county ’s district
154	259		attorney.
155		-
156	260		SECTION 2. This act shall become effect ive November 1, 2021.
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159		-	ENR. S. B. NO. 87 Page 5
160		-	Passed the Senate the 1st day of March, 2021.
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162		-
163		-
164		-	Presiding Officer of the Senate
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167		-	Passed the House of Representatives the 19th day of April, 2021.
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171		-	Presiding Officer of the House
172		-	of Representatives
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174		-	OFFICE OF THE GOVERNOR
175		-	Received by the Office of the Governor this _______ _____________
176		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
177		-	By: _______________________________ __
178		-	Approved by the Governor of the State of Oklahoma this _____ ____
179		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
180		-
181		-	_________________________________
182		-	Governor of the State of Oklahoma
183		-
184		-
185		-	OFFICE OF THE SECRETARY OF STATE
186		-	Received by the Office of the Secretary of State this _______ ___
187		-	day of __________________, 20 _______, at _______ o'clock _______ M.
188		-	By: _______________________________ __
	262	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	263	+	04/08/2021 - DO PASS.