| 41 | | - | 2021, Sections 5-202 and 5-207, as amended by Section |
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| 42 | | - | 3, Chapter 297, O.S.L. 2022 (43A O.S. Supp. 2022, |
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| 43 | | - | Section 5-207), which relate to the Local Law |
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| 44 | | - | Enforcement Mental Health Manpower Act; prescribing |
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| 45 | | - | procedures related to certain mental health |
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| 46 | | - | evaluations; providing for i mposition of costs after |
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| 47 | | - | expiration of certain period; removing the provision |
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| 50 | + | 2021, Section 5-207, as amended by Section 3, Chapter |
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| 51 | + | 297, O.S.L. 2022 (43 A O.S. Supp. 2022, Section 5 - |
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| 52 | + | 207), which relates to the Local Law Enforcement |
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| 53 | + | Mental Health Manpower Act; removing the provision |
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| 63 | | - | SECTION 1. AMENDATORY 43A O.S. 2021, Section 5 -202, is |
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| 64 | | - | amended to read as follows: |
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| 65 | | - | Section 5-202. A. When any person alleged in any court to be |
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| 66 | | - | mentally ill, alcohol -dependent, or drug-dependent, or shall have |
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| 67 | | - | been adjudged to be mentally ill, alcohol-dependent, or drug- |
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| 68 | | - | dependent and shall be in the legal custody of the county sheriff as |
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| 70 | + | SECTION 1. AMENDATORY 43A O.S. 2021, Section 5 -207, as |
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| 71 | + | amended by Section 3, Chapter 297, O.S.L. 2022 (43 A O.S. Supp. 2022, |
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| 72 | + | Section 5-207), is amended to read as follows: |
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| 95 | | - | prescribed by law, if such person ha s not been charged with |
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| 96 | | - | commission of a crime, the said county sheriff is hereby authorized |
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| 97 | | - | to confine such person in a pla ce other than the county jail to be |
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| 98 | | - | selected by said county sheriff and to transport such per son to the |
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| 99 | | - | place selected; provided that such confinement shall be in a place |
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| 100 | | - | and manner so as to prevent such confined person from in an y way |
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| 101 | | - | endangering himself or any other person. The county is hereby |
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| 102 | | - | directed to expend such funds as may be necessary to provide for |
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| 103 | | - | such confinement outside the county jail. Specific authority is |
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| 104 | | - | hereby granted the county sheriff and the county commissi oners to |
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| 105 | | - | enter into a contract with a nursing home or facility as a place of |
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| 106 | | - | detention. Other departments and agencies of the state may not |
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| 107 | | - | interfere with nor deter, in any manner, this right to contract. |
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| 108 | | - | B. If a mental health ev aluation of a confined individual is |
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| 109 | | - | requested by any county jail, the Department of Mental Health and |
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| 110 | | - | Substance Abuse Service s shall have twenty-four (24) hours to make |
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| 111 | | - | contact with the confined individual to determine if the confined |
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| 112 | | - | individual is in need of mental health treat ment. The Department of |
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| 113 | | - | Mental Health and Substance Abuse Service s shall then have an |
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| 114 | | - | additional twenty-four (24) hours to locate a secure bed, if deemed |
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| 115 | | - | appropriate. If a secure bed is not located within the twenty-four- |
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| 116 | | - | hour period, the Department of Me ntal Health and Substance A buse |
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| 117 | | - | Services shall be responsible for the cost of housing the confined |
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| 100 | + | Section 5-207. A. Any person who appears to be or states that |
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| 101 | + | such person is mentally ill, alcohol-dependent, or drug-dependent to |
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| 102 | + | a degree that immediat e emergency action is necessary may be tak en |
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| 103 | + | into protective custody and detained as provided pursuant to the |
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| 104 | + | provisions of this section. Nothing in this section shall be |
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| 105 | + | construed as being in lieu of prosecution under state o r local |
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| 106 | + | statutes or ordinance s relating to public intoxication offenses . |
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| 107 | + | B. 1. Any peace officer who reasonably believes that a person |
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| 108 | + | is a person requiring treatment as defined in Section 1-103 of this |
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| 109 | + | title shall take the person into protective custody . The officer |
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| 110 | + | shall make every reasonable effort to take the person in to custody |
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| 111 | + | in the least conspicuous manner. |
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| 112 | + | 2. Upon taking the person into protective custody, the officer |
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| 113 | + | may relinquish custody of the person believed to require treatment |
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| 114 | + | to a duly qualified reserve officer or deputy employed by the same |
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| 115 | + | agency to fulfill the officer's duties as required by this title. |
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| 116 | + | C. The officer shall prepare a written statement indicating the |
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| 117 | + | basis for the officer's belief that the person is a person requiring |
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| 118 | + | treatment and the circumstan ces under which the officer took the |
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| 119 | + | person into protective custody. The officer shall give a copy of |
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| 120 | + | the statement to the person or the person's attorney upon the |
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| 121 | + | request of either. If the officer does not make the determina tion |
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| 122 | + | to take an individual in to protective custody on the basis of the |
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| 123 | + | officer's personal observation, the officer shall not be required to |
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| 144 | | - | individual in the cou nty jail determined by the average daily cost |
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| 145 | | - | of housing an individual in a state mental health facility. |
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| 146 | | - | SECTION 2. AMENDATORY 43A O.S. 2021, Section 5-207, as |
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| 147 | | - | amended by Section 3, Chapter 297, O.S.L. 2022 (43 A O.S. Supp. 2022, |
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| 148 | | - | Section 5-207), is amended to read as follows: |
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| 149 | | - | Section 5-207. A. Any person who appears to be or states that |
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| 150 | | - | such person is mentally ill, alcohol-dependent, or drug-dependent to |
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| 151 | | - | a degree that immediat e emergency action is necessary may be tak en |
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| 152 | | - | into protective custody and detained as provided pursuant to the |
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| 153 | | - | provisions of this section. Nothing in this section shall be |
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| 154 | | - | construed as being in lieu of prosecution under state or local |
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| 155 | | - | statutes or ordinance s relating to public intoxication offenses . |
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| 156 | | - | B. 1. Any peace officer who reasonably believes that a person |
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| 157 | | - | is a person requiring treatment as defined in Section 1-103 of this |
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| 158 | | - | title shall take the person into protective custo dy. The officer |
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| 159 | | - | shall make every reasonable effort to take the person in to custody |
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| 160 | | - | in the least conspicuous manner. |
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| 161 | | - | 2. Upon taking the person into protective custody, the officer |
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| 162 | | - | may relinquish custody of the person believed to require treatment |
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| 163 | | - | to a duly qualified reserve officer or deputy employed by the same |
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| 164 | | - | agency to fulfill the officer's duties as required by this title. |
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| 165 | | - | C. The officer shall prepare a written statement indicating the |
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| 166 | | - | basis for the officer's belief that the person is a person requiri ng |
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| 167 | | - | treatment and the circumstan ces under which the officer took the |
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| 151 | + | prepare a written statement. However, the person stating to be |
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| 152 | + | mentally ill, alcohol-dependent or drug-dependent or the person upon |
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| 153 | + | whose statement the officer relies shall sign a writte n statement |
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| 154 | + | indicating the basis for such person's belief that the person is a |
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| 155 | + | person requiring treatment. Any false statement given to the |
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| 156 | + | officer by the person upon whose statement t he officer relies shall |
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| 157 | + | be a misdemeanor and subject to the sanctions o f Title 21 of the |
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| 158 | + | Oklahoma Statutes. |
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| 159 | + | D. If the person is medically stable, the officer shall |
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| 160 | + | immediately transport the person to an urgent recovery clinic or to |
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| 161 | + | the nearest facility, a s defined in Section 1 -103 of this title, for |
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| 162 | + | an initial assessment wit hin a thirty (30) mile radius of the peace |
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| 163 | + | officer's operational headquarters, or may use telemedicine with a |
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| 164 | + | licensed mental health professional employed or under contract with |
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| 165 | + | a facility operated by, certified by or contracted with the |
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| 166 | + | Department of Mental Health and Substance Abuse Services to perform |
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| 167 | + | an initial assessment. If, subsequent to an initial assessment, it |
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| 168 | + | is determined that emergency detention is warranted, the officer |
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| 169 | + | shall immediately transport the person to the nearest facility that |
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| 170 | + | has bed space available if the facility is within thirty (30) miles |
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| 171 | + | of the peace officer's operational headquarters and the individual |
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| 172 | + | was determined to be a person requiring treatment . The Department |
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| 173 | + | of Mental Health and Substance Abuse Services may contract for the |
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| 174 | + | use of alternative transportation providers to transport individuals |
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| 194 | | - | person into protective custody. The officer shall give a copy of |
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| 195 | | - | the statement to the person or the person's attorney upon the |
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| 196 | | - | request of either. If the officer does not make the determi nation |
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| 197 | | - | to take an individual in to protective custody on the basis of the |
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| 198 | | - | officer's personal observation, the officer shall not be required to |
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| 199 | | - | prepare a written statement. However, the person stating to be |
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| 200 | | - | mentally ill, alcohol-dependent or drug-dependent or the person upon |
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| 201 | | - | whose statement the officer relies shall sign a writte n statement |
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| 202 | | - | indicating the basis for such person's belief that the person is a |
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| 203 | | - | person requiring treatment. Any false statement given to the |
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| 204 | | - | officer by the person upon whose statement the officer relies shall |
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| 205 | | - | be a misdemeanor and subject to the sanctions o f Title 21 of the |
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| 206 | | - | Oklahoma Statutes. |
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| 207 | | - | D. If the person is medically stable, the officer shall |
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| 208 | | - | immediately transport the person to an urgent recovery clinic or to |
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| 209 | | - | the nearest facility, as defined in Section 1 -103 of this title, for |
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| 210 | | - | an initial assessment wit hin a thirty (30) mile radius of the peace |
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| 211 | | - | officer's operational headquarters, or may use telemedicine with a |
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| 212 | | - | licensed mental health professional employed or under contract with |
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| 213 | | - | a facility operated by, certified by or contracted with the |
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| 214 | | - | Department of Mental Health and Substance Abuse Services to perform |
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| 215 | | - | an initial assessment. If, subsequent to an initial assessment, it |
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| 216 | | - | is determined that emergency detention is warranted, the officer |
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| 217 | | - | shall immediately transport the person to the nearest facility that |
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| 202 | + | to facilities designated for emergency detention when the nearest |
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| 203 | + | facility with available bed space is more than thirty (30) miles |
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| 204 | + | from the peace officer's operational headquarter s and the individual |
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| 205 | + | was determined to be a person requiring treatment. For the purposes |
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| 206 | + | of this section, "urgent recovery clinics" means clinics that offer |
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| 207 | + | voluntary services aimed at the assessment and immediate |
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| 208 | + | stabilization of acute symptoms of mental illness, alcohol and other |
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| 209 | + | drug abuse and emotional distress; provided that, unless the person |
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| 210 | + | consents to a longer duration, no more than twenty-three (23) hours |
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| 211 | + | and fifty-nine (59) minutes of services are provided to a consumer |
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| 212 | + | an individual during one episode of care . If it is determined by |
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| 213 | + | the facility director or designee that the person is not medically |
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| 214 | + | stable, the officer shall immediately transport the person to the |
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| 215 | + | nearest hospital or othe r appropriate treatment facility. |
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| 216 | + | E. If the person is medically unstable, the per son may be |
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| 217 | + | transported to an appropriate medical facility for medical |
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| 218 | + | treatment. A treating physician may authorize that the person be |
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| 219 | + | detained until the person becomes medi cally stable. The time limit |
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| 220 | + | on the emergency detention period stipulated under Section 5-208 of |
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| 221 | + | this title shall be tolled until the pers on who appears to be a |
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| 222 | + | person requiring treatment is medically stabilized. When the person |
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| 223 | + | becomes medically stable, if in the opinion of the treating or |
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| 224 | + | discharging physician, the patient is still a person requiring |
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| 225 | + | treatment as defined in Section 1-103 of this title, the physician |
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| 244 | | - | has bed space available if the facility is within thirty (30) miles |
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| 245 | | - | of the peace officer's operational headquarters and the individual |
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| 246 | | - | was determined to be a person requiring treatment . The Department |
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| 247 | | - | of Mental Health and Substance Abuse Services may contract for the |
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| 248 | | - | use of alternative transportation providers to transport individuals |
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| 249 | | - | to facilities designated for emergency detention when the nearest |
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| 250 | | - | facility with available bed space is mor e than thirty (30) miles |
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| 251 | | - | from the peace officer's operational headquarter s and the individual |
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| 252 | | - | was determined to be a person requiring treatment. For the purposes |
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| 253 | | - | of this section, "urgent recovery clinics" means clinics that offer |
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| 254 | | - | voluntary services aimed at the assessment and immediate |
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| 255 | | - | stabilization of acute symptoms of mental illness, alcohol and other |
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| 256 | | - | drug abuse and emotional distress; provided that, unless the person |
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| 257 | | - | consents to a longer duration, no more than twenty-three (23) hours |
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| 258 | | - | and fifty-nine (59) minutes of services are provided to a consumer |
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| 259 | | - | an individual during one episode of care . If it is determined by |
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| 260 | | - | the facility director or designee that the person is not medically |
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| 261 | | - | stable, the officer shall immediately transport the person to the |
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| 262 | | - | nearest hospital or other appropriate treatment facility. |
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| 263 | | - | E. If the person is medically unstable, the per son may be |
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| 264 | | - | transported to an appropriate medical facility for medical |
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| 265 | | - | treatment. A treating physician may authorize that the person be |
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| 266 | | - | detained until the person becomes medically stable. The time limit |
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| 267 | | - | on the emergency detention period stipulated under Section 5-208 of |
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| 253 | + | shall authorize detention of the patient for transportation as |
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| 254 | + | provided in subsection D of this section. |
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| 255 | + | F. The parent, brother or sister who is eighteen (18) years of |
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| 256 | + | age or older, child who is eighteen (18) years of age or older, or |
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| 257 | + | guardian of the person, or a person who appears to be or states that |
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| 258 | + | such person is mentally ill, alcohol -dependent or drug-dependent to |
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| 259 | + | a degree that emergency action is necessary may request the |
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| 260 | + | administrator of a facility designated by the Commissioner as an |
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| 261 | + | appropriate facility for an initial assessment to conduct an initial |
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| 262 | + | assessment to determine whether t he condition of the person is such |
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| 263 | + | that emergency detention is warranted and, if emergency detention is |
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| 264 | + | warranted, to detain the person as provided in Sections 5-206 |
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| 265 | + | through 5-209 of this title. |
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| 266 | + | SECTION 2. NEW LAW A new section of law to be codified |
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| 267 | + | in the Oklahoma Statutes as Section 5-207.1 of Title 43A, unless |
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| 268 | + | there is created a du plication in numbering, reads as follows: |
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| 269 | + | A. This section shall be known and may be cited as the "Shannon |
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| 270 | + | Hanchett Act". |
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| 271 | + | B. This section shall recommend and encourage that at least |
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| 272 | + | twenty percent (20%) of all active-duty peace officers of Oklahoma |
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| 273 | + | law enforcement agencies, including city, state, and county |
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| 274 | + | agencies, complete crisis intervention training, in addition to any |
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| 275 | + | other required mental health training as prescribed by the |
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| 276 | + | Department of Mental Health and Substance Abuse Service s. |
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| 294 | | - | this title shall be tolled until the pers on who appears to be a |
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| 295 | | - | person requiring treatment is medically stabilized. When the person |
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| 296 | | - | becomes medically stable, if in the opinion of the treating or |
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| 297 | | - | discharging physician, the patient is still a person requiring |
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| 298 | | - | treatment as defined in Section 1-103 of this title, the physician |
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| 299 | | - | shall authorize detention of the patient for transportation as |
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| 300 | | - | provided in subsection D of this section. |
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| 301 | | - | F. The parent, brother or sister who is eighteen (18) years of |
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| 302 | | - | age or older, child who is eighteen (18) years of age or older, or |
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| 303 | | - | guardian of the person, or a person who appears to be or states that |
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| 304 | | - | such person is mentally ill, alcohol-dependent or drug-dependent to |
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| 305 | | - | a degree that emergency action is necessary may request the |
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| 306 | | - | administrator of a facility designated by the Commissioner as an |
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| 307 | | - | appropriate facility for an initial assessment to conduct an initial |
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| 308 | | - | assessment to determine whether the condition of the person is such |
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| 309 | | - | that emergency detention is warranted and, if emergency detention is |
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| 310 | | - | warranted, to detain the person as provided in Sections 5-206 |
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| 311 | | - | through 5-209 of this title. |
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| 312 | | - | SECTION 3. NEW LAW A n ew section of law to be codified |
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| 313 | | - | in the Oklahoma Statutes as Section 5-207.1 of Title 43A, unless |
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| 314 | | - | there is created a du plication in numbering, reads as follows: |
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| 315 | | - | A. This section shall be known and may be cited as the "Shannon |
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| 316 | | - | Hanchett Act". |
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| 317 | | - | |
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| 343 | | - | B. This section shall recommend and encourage that at least |
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| 344 | | - | twenty percent (20%) of all active-duty peace officers of Oklahoma |
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| 345 | | - | law enforcement agencies, including city, state, and county |
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| 346 | | - | agencies, complete crisis intervention training, in addition to any |
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| 347 | | - | other required mental health training as prescribed by the |
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| 348 | | - | Department of Mental Health and Substance Abuse Service s. |
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| 349 | 304 | | C. Any person who appears to be or sta tes that such person is |
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| 350 | 305 | | mentally ill, alcohol-dependent, or drug-dependent to a degree that |
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| 351 | 306 | | no immediate emergency mental health treatment is necessary, based |
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| 352 | 307 | | on the peace officer 's initial evaluation and observation of the |
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| 353 | 308 | | person, may be taken into custody and placed in the county d etention |
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| 354 | 309 | | center without a mental health evaluation or mental healt h |
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| 355 | 310 | | treatment, provided such reasoning is documented by the peace |
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| 356 | 311 | | officer. The officer shall prepare a written statement indicating |
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| 357 | 312 | | the basis for the officer's belief that the person did not require a |
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| 358 | 313 | | mental health evaluation or immediate mental health treatment and |
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| 359 | 314 | | the circumstances under which the officer took the person directly |
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| 360 | 315 | | into detention center custody. The officer shall give a copy of the |
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| 361 | 316 | | statement to the person or the person 's attorney upon the request of |
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| 362 | 317 | | either. Any false statement given to th e officer by the person upon |
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| 363 | 318 | | whose statement the officer relies shall be a misdemeanor and |
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| 364 | 319 | | subject to the sanctions of Ti tle 21 of the Oklahoma Statutes. |
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