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ENGROSSED HOUSE
BILL NO. 2157 By: Roe, Deck, Rosecrants,
Menz, and Strom of the
House
and
McCortney of the Senate
An Act relating to mental health; amending 43A O.S.
2021, Sections 5-202 and 5-207, as amended by Section
3, Chapter 297, O.S.L. 2022 (43A O.S. Supp. 2022,
Section 5-207), which relate to the Local Law
Enforcement Mental Health Manpower Act; prescribing
procedures related to certain mental health
evaluations; providing for i mposition of costs after
expiration of certain period; removing the provision
stating that an officer d oes 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 -202, is
amended to read as follows:
Section 5-202. A. When any person alleged in any court to be
mentally ill, alcohol -dependent, or drug-dependent, or shall have
been adjudged to be mentally ill, alcohol-dependent, or drug-
dependent and shall be in the legal custody of the county sheriff as
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prescribed by law, if such person ha s not been charged with
commission of a crime, the said county sheriff is hereby authorized
to confine such person in a pla ce other than the county jail to be
selected by said county sheriff and to transport such per son to the
place selected; provided that such confinement shall be in a place
and manner so as to prevent such confined person from in an y way
endangering himself or any other person. The county is hereby
directed to expend such funds as may be necessary to provide for
such confinement outside the county jail. Specific authority is
hereby granted the county sheriff and the county commissi oners to
enter into a contract with a nursing home or facility as a place of
detention. Other departments and agencies of the state may not
interfere with nor deter, in any manner, this right to contract.
B. If a mental health ev aluation of a confined individual is
requested by any county jail, the Department of Mental Health and
Substance Abuse Service s shall have twenty-four (24) hours to make
contact with the confined individual to determine if the confined
individual is in need of mental health treat ment. The Department of
Mental Health and Substance Abuse Service s shall then have an
additional twenty-four (24) hours to locate a secure bed, if deemed
appropriate. If a secure bed is not located within the twenty-four-
hour period, the Department of Me ntal Health and Substance A buse
Services shall be responsible for the cost of housing the confined
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individual in the cou nty jail determined by the average daily cost
of housing an individual in a state mental health facility.
SECTION 2. 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
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 or 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 custo dy. 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 requiri ng
treatment and the circumstan ces under which the officer took the
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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 determi nation
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
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 the 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, as 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
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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 mor e than thirty (30) miles
from the peace officer's operational headquarter s and the individual
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 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 medically stable. The time limit
on the emergency detention period stipulated under Section 5-208 of
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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.
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 the 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 3. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 5-207.1 of Title 43A, unless
there is created a du plication in numbering, reads as follows:
A. This section shall be known and may be cited as the "Shannon
Hanchett Act".
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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 Service s.
C. Any person who appears to be or states that such person is
mentally ill, alcohol-dependent, or drug-dependent to a degree that
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 indicating
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 Ti tle 21 of the Oklahoma Statutes.
SECTION 4. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 8th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate