Req. No. 147 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 493 By: Haste
AS INTRODUCED
An Act relating to mental health courts; amending 22
O.S. 2021, Section 472, w hich relates to mental
health court programs; authorizing use of certified
therapeutic dog in certain court proceedings;
defining term; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 472, is
amended to read as follows:
Section 472. A. This section shall be known and may be cited
as the “Anna McBride Act”.
B. Any district or municipal court of this state may establish
a mental health court pro gram pursuant to the provisions of this
section, subject to the availability of funds.
C. The court may request assistance from the Department of
Mental Health and Substance Abuse Services which shall be the
primary agency to assist in developing and impl ementing a mental
health court program.
Req. No. 147 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. For purposes of this section, “mental health court” means a
judicial process that utilizes specially trained court person nel to
expedite a case and explore alternatives to incarceration for an
offender charged with criminal offenses other than a crime listed in
paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes who
has a mental illness or a developmental disabil ity, or a co-
occurring mental illness and substance abuse disorder. The district
attorney’s office may use discretion in the pros ecution of an
offender specified in this subsection subject to the restrictions
provided in subsection E of this section.
E. The court shall have the authority to exclude from mental
health court any offender arreste d or charged with any violent
offense or any offender who has a prior felony conviction in this
state or another state for a violent offense. Eligibility and entry
by an offender into the mental health court program is dependent
upon prior approval of the district attorney. Eligible offenses may
further be restricted by the rules of the specific mental health
court program. The court shall have the authority to exc lude
persons from mental health court who have a propensity for violence.
F. The mental health court judge shall recognize relaps es and
restarts in the program which shall be considered as part of the
rehabilitation and recovery process. The court shall accomplish
monitoring and offender accountability by ordering progressively
increasing sanctions or providing incentives, rather t han removing
Req. No. 147 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the offender from the program when a violation occurs, except when
the conduct of the offender requires revocatio n from the program.
Any revocation from the mental health court program shall require
notice to the offender and other participat ing parties in the case
and a revocation hearing. At the revocation hearing, if the
offender is found to have violated the co nditions of the plea
agreement or performance contract and disciplinary sanctions have
been insufficient to gain compliance, the o ffender shall be revoked
from the program and sentenced for the offense as provided in the
plea agreement.
G. Any criminal case which has been filed and processed in the
traditional manner shall be cross -referenced to a mental health
court case file by th e court clerk if the case is subsequently
assigned to a mental health court program. The originating criminal
case file shall remain open to public inspection. The court shall
determine what information or pleadings are to be retained in the
mental health case court file, which shall be closed to public
inspection.
H. 1. Upon approval of the di strict or municipal court, an
offender participating in a mental health court program shall be
afforded the opportunity, if available, to have a certified
therapeutic dog accompanied by the handler of the certified
therapeutic dog while the offender provides testimony or otherwise
appears in court proceedings.
Req. No. 147 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. For purposes of this subsection, “certified therapeutic dog”
means a dog which has received the requisit e training or
certification from the American Kennel C lub, Alliance of Therapy
Dogs, or an equivalent organizatio n to perform the duties associated
with therapy dogs in plac es such as hospitals, nursing homes, and
other facilities where the emotional benefits of therapy dogs are
recognized. Prior to the use of a certified therapeutic dog the
court shall conduct a he aring to verify:
a. the credentials of the certified therap eutic dog,
b. the certified therapeutic dog is appropriately
insured, and
c. a relationship has been established between the
offender and the certified therapeutic dog in
anticipation of testi mony or other appearance in court
proceedings.
SECTION 2. This act shall bec ome effective November 1, 2023.
59-1-147 TEK 1/17/2023 2:52:49 PM