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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 2864 By: Wallace of the House
and
Bullard of the Senate
COMMITTEE SUBSTITUTE
[ mental health - fund - expenditures - mental health
services - transport - protective custody and
detention - codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 1-110.1 of Title 43A, unless
there is created a duplication in numbering, reads as foll ows:
There is hereby created in the Sta te Treasury a revolving fund
for the Department of Mental Health and Substance Abuse Services to
be designated the “Mental Health Transport Revolving Fun d”. The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Department from appropriations or other monies directed to the fund.
All monies accruing to the credit of the fund are hereby
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appropriated and may be budgeted and ex pended by the Department to
carry out the provisions of Section 1-110 of Title 43A of the
Oklahoma Statutes. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 2. AMENDATORY 43A O.S. 2021, Section 1-110, is
amended to read as follows:
Section 1-110. A. Sheriffs As an alternative to transport
under subsection B of this section for the sole purpose of initial
assessment of a person who the officer reasonably believes is a
person requiring treatment, as defined in Section 1-103 of this
title, sheriffs and peace officers may request an assessment at the
point of initial contact by the Department of Mental Health and
Substance Abuse Services . To conduct the assessment, the Department
may utilize telemedicine:
1. Telemedicine, when such capability is available and is
through a mobile computing device in the possession of the local law
enforcement agency, to have a person whom the officer reasonably
believes is a person requiri ng treatment, as define d in Section 1-
103 of this title, the person assessed by a licensed mental health
professional employed by or under contrac t with a facility operated
by, certified by or contracted with the Department of Mental Health
and Substance Abuse Servic es; or
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2. An in-person assessment by a licensed mental health
professional on a mobile crisis response team or who is employed by
or under contract with a facility operated by, certified by or
contracted with the Department .
B. 1. To serve the mental health needs of perso ns of their
jurisdiction, peace officers shall b e responsible for transporting
individuals in need of:
a. initial assessment, except when the individual has
been assessed at the point of initial contact by the
Department under subsection A of thi s section, or
b. emergency detention or protective custody under
Section 5-207 of this title, unless the officer has
already transported the individual to the facility for
initial assessment,
from the initial point of initial contact to the nearest facility,
as defined in Section 1-103 of this title, that is appropriate for
initial assessment o r treatment of the individual within a thirty
(30) mile thirty-mile radius of the peace officer’s operational
headquarters.
If there is not a facility within a thirty (30) mile radius of
the peace officer’s operational headquar ters, transportation
2. Transportation to a the nearest appropriate facility shall
be completed by either the Depa rtment of Mental Health and Substance
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Abuse Services or an entity contracted by the Department for
alternative transportation if:
a. there is not an appropriate facility within a thirty-
mile radius of the peace officer ’s operational
headquarters, or
b. the officer has already transported the individual to
an appropriate facility for initial ass essment.
3. For purposes of this section, “initial contact” is defined
as contact with an individual in need of assessment, emergency
detention or protective custody made by a law enfo rcement officer.
Initial contact in this section does not include an individual self-
presenting at a facility as defined in Section 1-103 of this title.
4. When an individual self-presents at a facility as defined in
Section 1-103 of this title or at a medical facility and is placed
into protective custody under Section 5 -207 of this title due to a
determination that the in dividual is a person requiring treatment as
defined in Section 1 -103 of this title, and if transport to another
facility is needed for initial assessment or treatment, the person
shall be transported to th e nearest appropriate facility as provided
by this subsection.
5. When an individual self-presents at a facility as defined in
Section 1-103 of this title or at a medical facility and is not
placed into protective cus tody under Section 5 -207 of this title,
but consents to voluntary transport to a faci lity as defined in
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Section 1-103 of this title for treatment, transport or the
arrangement of transport shall be the responsibility of the facil ity
receiving the individual, unless the individual chooses to arrange
his or her own transportation.
6. The transportation requirements provided by this subsection,
to the extent such requi rements are applicable to peace officers,
shall be considered fulfilled once the person has been transported
to the facility, the officer has made contact with the appropriate
staff of the facility, and the staff of the facility ha ve determined
that the patient does not present a clear or immediate threat to his
or her own safety or to the safety of the staff of the facility.
Once custody of the individual has been transferred to the
appropriate facility staff, the peace officer shall not be required
to remain at the facility with the individual pending initial
assessment or treatment.
B. C. A municipal law enforcement agency shall be responsible
for transportation as provided in this act section for any
individual found within such municipality’s jurisdiction. The
county sheriff shall be responsible for transportation as provided
in this act section for any individual found outside of a
municipality’s jurisdiction, but within the count y.
C. D. Once an individual has been presented to the an
appropriate facility, as provided in subsection A B of this section,
by a transporting law enforcement officer, the transporting law
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enforcement agency the Department of Mental Health and Substance
Abuse Services or an entity contracted by the Department shall be
responsible for any subs equent transportation of such individual
pending completion of the initial assessmen t, emergency detention,
protective custody or inpatient services within a thirty (30) mile
radius of the peace officer’s operational headquarters. All
transportation over thirty (30) miles must be completed by either
the Department of Mental Health and Su bstance Abuse Services or an
entity contracted by the Department for alternative transportation.
D. E. Sheriffs and peace officers shall be entitled to
reimbursement from the Department of Mental Health and Substance
Abuse Services for transportation servic es associated with minors or
adults requiring initial assessment, emergency detention, protective
custody and inpatient services.
E. F. Any transportation provided by a sherif f or deputy
sheriff or a peace officer on behalf of any county, city, town or
municipality of this state, to or from any facility for the purpose
of initial assessment, admission, interfacil ity transfer, medical
treatment or court appearance shall be reimb ursed in accordance with
the provisions of the State Travel Reimbursement Act.
F. G. Nothing in this section shall prohibit a law enforcement
agency or the Department of Mental Health and Subs tance Abuse
Services from entering into a lawful agreement with an y other law
enforcement agency to fulfill the requirements established by thi s
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section or from contracting with a third party to provide the
services established by this section, provided the third party meets
minimum standards as determined by the Departm ent.
G. H. A law enforcement agency shall not be liable for the
actions of a peace officer commissioned by the agency when such
officer is providing services as a third party pursuant to
subsection F G of this section outside his or her primary employment
as a peace officer.
SECTION 3. AMENDATORY 43A O.S. 2021, Section 5-207, as
amended by Section 3, Chapter 297, O.S.L. 2022 (43A 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 immediate emergency action is necessary may be ta ken
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 und er state or local
statutes or ordinances relating to public intoxication offense s.
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 protecti ve custody. The officer
shall make every reasonable effort to take the person i nto custody
in the least conspicuous manner.
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2. Upon taking the person into protectiv e 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 w ritten statement indicating the
basis for the officer’s belief that the person is a person requiring
treatment and the circumstances under which the officer took the
person into protective custody. The officer shall give a copy of
the statement to the per son or the person’s attorney upon the
request of either. If the officer does not make the determination
to take an individual into 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 writt en statement
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 s tatement the officer relies shall
be a misdemeanor and subject to the sanctions of Title 21 of the
Oklahoma Statutes.
D. If the person is medically stable, the offic er shall
immediately transport the person to an urgent recovery clinic or to
the nearest facility, as defined in Section 1-103 of this title, for
an initial assessment wi thin a thirty (30) mile thirty-mile radius
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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 request an assessment at the point of initial
contact by the Department of Ment al Health and Substance Abuse
Services to perform an initial assessment as provided by subsection
A of Section 1-110 of this title. If, subsequent to an initial
assessment, it is determ ined that emergency detention is warranted,
the officer shall immediately transport the person shall immediately
be transported to the nearest facility that is appropriate for
treatment of the individual and has bed space available if the
facility is within thirty (30) miles of the peace officer’s
operational headquarters and the individual was has been 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 t he peace
officer’s operational headquarters and the individual was determined
to be a person requiring treatment. Transport shall be provided in
accordance with subsection B of Section 1-110 of this title.
E. 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,
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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 during one episode of care .
F. If it is determined by the facility director or designee
that the person is not medically stable, the officer Department
shall immediately transport the person to the nearest hospital or
other 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 person who appears to be a
person requiring treatment is medi cally 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.
F. G. 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 appea rs to be or states
that such person is mentally ill, alcohol -dependent or drug-
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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 ass essment 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 i n Sections 5-206
through 5-209 of this title.
SECTION 4. This act shall become eff ective November 1, 2023.
59-1-2060 DC 4/12/2023 3:31:21 PM