Okla. Stat. tit. 43A, § 43A-5-101: Procedures for admission to state facility, psychiatric

hospital or private institution.

A. Any person who has a mental illness or is alcohol- or drug-

dependent to a degree which warrants inpatient treatment or care,

and who is not in confinement in any jail or correctional facility

on a criminal charge or conviction and who has no criminal charges

pending against him or her, may be admitted to and confined in a

facility within the Department of Mental Health and Substance Abuse

Services, a state psychiatric hospital, or a licensed private

institution by compliance with any one of the following procedures:

1. Emergency admission;

2. On voluntary application; or

3. On involuntary court commitment.

B. Any person who has a mental illness or is alcohol- or drug-

dependent to a degree which warrants inpatient treatment or care and

who has criminal charges pending against him or her but is not

confined in any jail or correctional facility may be admitted to a

facility within the Department or a licensed private institution

pursuant to the provisions of subsection A of this section;

provided, the facility or hospital shall be authorized to take such

reasonable steps as necessary to assure the protection of the

public, the residents of the facility or hospital and the person

including, but not limited to, segregation and private facilities.

Provided further, treatment received pursuant to this subsection

shall not constitute a defense in any criminal proceeding except as

otherwise provided by Title 22 of the Oklahoma Statutes.

C. 1. Any person confined pursuant to a criminal charge shall

only be admitted to and confined pursuant to a court order issued in

compliance with the provisions of Section 1175.6 of Title 22 of the

Oklahoma Statutes.

2. No person shall be deprived of his or her liberty on the

grounds that such person is, or is supposed to have, a mental

illness or is in need of mental health treatment, except in

accordance with the provisions of the Mental Health Law.