An Act
ENROLLED SENATE
BILL NO. 87 By: Haste of the Senate
and
Bush and Provenzano 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 aut horization; and providing an
effective date.
SUBJECT: Authorizing certain persons to be diverted to drug
treatment or evaluation centers
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
ENR. S. B. NO. 87 Page 2
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 rea sonably
appears to be in danger of harmin g himself or herself or others, may
be taken into protective custod y by a peace officer or an emergency
service patrol and immediately brought to an approved treatment
facility for medical or nonmedical detoxificati on.
2. The peace officer or the emergenc y 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 mu nicipality, has approved a
program alternative to statutory or municipal r equirements of
prosecution and imprisonment of such person, until the capacity to
accommodate intoxicate d persons has been exceeded in the facili ty
wherein such alternative program i s located, the arresting offic er
and other public officials involved in an arrest pursuant to this
section shall utilize such alternative treatment program upon the
voluntary approval of the intoxicated person and the r eceiving
facility rather than proceed under the statutory or munici pal laws
pertaining to prosecution and impri sonment of intoxicated persons.
2. A facility in which the program is located may make
application to the Department of Mental Health and Substa nce Abuse
Services for approval, but no such program or facility wh erein 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.
ENR. S. B. NO. 87 Page 3
3. All facilities acquiring the approval of an alternative
program shall establish their own capacity for the nu mber of persons
to be accommodated in the program.
4. It shall be the duty of the State Department of Health to
investigate all complaints conce rning general sanitation made in the
form of a sworn affidavit agai nst such municipally approved
alternative facilities.
5. In the event the complaints are found to be true, the State
Commissioner of Health shall h ave 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.
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, ex cluding weekends and legal hol idays, 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 a nd 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 admission
or another person may, with the consen t 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
ENR. S. B. NO. 87 Page 4
be in need of help, and if the person consents to the offere d help,
in lieu of arrest, may b e taken to:
a. an approved drug treatment center,
b. an approved center for substance abuse evaluation , or
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 appropriate cou nty,
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 effective N ovember 1, 2021.
ENR. S. B. NO. 87 Page 5
Passed the Senate the 1st day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 19th 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: _______________________________ __