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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2157 By: Roe
COMMITTEE SUBSTITUTE
An Act relating to mental health; amending 43A O.S.
2021, Section 5-207, as amended by Section 3, Chapter
297, O.S.L. 2022 (43 A O.S. Supp. 2022, Section 5 -
207), which relates to the Local Law Enforcement
Mental Health Manpower Act; removing the provision
stating that an officer do es not have to make a
written statement if the officer does not take an
individual into protective custody ; creating the
Shannon Hanchett Act; encouraging twenty percent of
active-duty peace officers in Oklahoma to complete
crisis intervention training; authorizing peace
officers to take individuals into custody an d place
them in a county detention center without a mental
health evaluation if no immediate emergency mental
health treatment is necessary; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43A O.S. 2021, Section 5 -207, as
amended by Section 3, Chapter 297, O.S.L. 2022 (43 A O.S. Supp. 2022,
Section 5-207), is amended to read as follows:
Section 5-207. A. Any person who appears to be or states that
such person is mentally ill, alcohol-dependent, or drug-dependent to
a degree that immediat e emergency action is necessary may be tak en
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into protective custody and detained as provided pursuant to the
provisions of this section. Nothing in this section shall be
construed as being in lieu of prosecution under state o r local
statutes or ordinance s relating to public intoxication offenses .
B. 1. Any peace officer who reasonably believes that a person
is a person requiring treatment as defined in Section 1-103 of this
title shall take the person into protective custody . The officer
shall make every reasonable effort to take the person in to custody
in the least conspicuous manner.
2. Upon taking the person into protective custody, the officer
may relinquish custody of the person believed to require treatment
to a duly qualified reserve officer or deputy employed by the same
agency to fulfill the officer's duties as required by this title.
C. The officer shall prepare a written statement indicating the
basis for the officer's belief that the person is a person requiring
treatment and the circumstan ces under which the officer took the
person into protective custody. The officer shall give a copy of
the statement to the person or the person's attorney upon the
request of either. If the officer does not make the determina tion
to take an individual in to protective custody on the basis of the
officer's personal observation, the officer shall not be required to
prepare a written statement. However, the person stating to be
mentally ill, alcohol-dependent or drug-dependent or the person upon
whose statement the officer relies shall sign a writte n statement
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indicating the basis for such person's belief that the person is a
person requiring treatment. Any false statement given to the
officer by the person upon whose statement t he officer relies shall
be a misdemeanor and subject to the sanctions o f Title 21 of the
Oklahoma Statutes.
D. If the person is medically stable, the officer shall
immediately transport the person to an urgent recovery clinic or to
the nearest facility, a s defined in Section 1 -103 of this title, for
an initial assessment wit hin a thirty (30) mile radius of the peace
officer's operational headquarters, or may use telemedicine with a
licensed mental health professional employed or under contract with
a facility operated by, certified by or contracted with the
Department of Mental Health and Substance Abuse Services to perform
an initial assessment. If, subsequent to an initial assessment, it
is determined that emergency detention is warranted, the officer
shall immediately transport the person to the nearest facility that
has bed space available if the facility is within thirty (30) miles
of the peace officer's operational headquarters and the individual
was determined to be a person requiring treatment . The Department
of Mental Health and Substance Abuse Services may contract for the
use of alternative transportation providers to transport individuals
to facilities designated for emergency detention when the nearest
facility with available bed space is more than thirty (30) miles
from the peace officer's operational headquarter s and the individual
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was determined to be a person requiring treatment. For the purposes
of this section, "urgent recovery clinics" means clinics that offer
voluntary services aimed at the assessment and immediate
stabilization of acute symptoms of mental illness, alcohol and other
drug abuse and emotional distress; provided that, unless the person
consents to a longer duration, no more than twenty-three (23) hours
and fifty-nine (59) minutes of services are provided to a consumer
an individual during one episode of care . If it is determined by
the facility director or designee that the person is not medically
stable, the officer shall immediately transport the person to the
nearest hospital or othe r appropriate treatment facility.
E. If the person is medically unstable, the per son may be
transported to an appropriate medical facility for medical
treatment. A treating physician may authorize that the person be
detained until the person becomes medi cally stable. The time limit
on the emergency detention period stipulated under Section 5-208 of
this title shall be tolled until the pers on who appears to be a
person requiring treatment is medically stabilized. When the person
becomes medically stable, if in the opinion of the treating or
discharging physician, the patient is still a person requiring
treatment as defined in Section 1-103 of this title, the physician
shall authorize detention of the patient for transportation as
provided in subsection D of this section.
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F. The parent, brother or sister who is eighteen (18) years of
age or older, child who is eighteen (18) years of age or older, or
guardian of the person, or a person who appears to be or states that
such person is mentally ill, alcohol -dependent or drug-dependent to
a degree that emergency action is necessary may request the
administrator of a facility designated by the Commissioner as an
appropriate facility for an initial assessment to conduct an initial
assessment to determine whether t he condition of the person is such
that emergency detention is warranted and, if emergency detention is
warranted, to detain the person as provided in Sections 5-206
through 5-209 of this title.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-207.1 of Title 43A, unless
there is created a dup lication in numbering, reads as follows:
A. This section shall be known and may be cited as the "Shannon
Hanchett Act".
B. This section shall recommend and encourage that at least
twenty percent (20%) of all active-duty peace officers of Oklahoma
law enforcement agencies, including city, state, and county
agencies, complete crisis intervention training, in addition to any
other required mental health training as prescribed by the
Department of Mental Health and Substance Abuse Services.
C. Any person who appears to be or sta tes that such person is
mentally ill, alcohol-dependent, or drug-dependent to a degree that
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no immediate emergency mental health treatment is necessary, based
on the peace officer 's initial evaluation and observation of the
person, may be taken into custody and placed in the county d etention
center without a mental health evaluation or mental healt h
treatment, provided such reasoning is documented by the peace
officer. The officer shall prepare a written statement i ndicating
the basis for the officer's belief that the person did not require a
mental health evaluation or immediate mental health treatment and
the circumstances under which the officer took the person directly
into detention center custody. The officer shall give a copy of the
statement to the person or the person 's attorney upon the request of
either. Any false statement given to th e officer by the person upon
whose statement the officer relies shall be a misdemeanor and
subject to the sanctions of Tit le 21 of the Oklahom a Statutes.
SECTION 3. This act shall become effective November 1, 2023.
59-1-7797 JBH 02/28/23