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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 43A, § 43A-5-413: Prehearing detention

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  1. OK Code
  2. Title 43A

A. When a request for an order of prehearing detention is

attached to a petition alleging a person to have a mental illness

and to be a person requiring treatment, the district court shall

determine whether there is probable cause to detain the person who

is the subject of the petition prior to a hearing on the petition.

1. If the court issues an order for detention, it shall

immediately set a date, time, and place for a hearing on the

petition, and shall issue notice to each individual required to

receive notice pursuant to Section 5-412 of this title.

2. The period of prehearing detention shall not exceed seventy-

two (72) hours, excluding the weekends and holidays, except upon a

court order authorizing detention beyond a seventy-two-hour period

or pending the hearing on a petition requesting involuntary

commitment or treatment. Prehearing detention may be extended to

coincide with any order of continuance entered by the court.

B. If the court finds that probable cause to detain the person

alleged to have a mental illness and to be a person requiring

treatment does not exist, the court shall dismiss the request and,

if the person is being held in protective custody or emergency

detention, order the person released and returned to the point where

such person was taken into protective custody.

C. If the court finds that probable cause to detain the person

alleged to have a mental illness and to be a person requiring

treatment does exist:

1. An order may be entered authorizing any peace officer to

take that person into custody and to detain such person in a

suitable facility prior to the hearing on the petition; or

2. If the person is being held in emergency detention, the

court may issue an order authorizing the facility to detain the

person prior to a hearing on the petition.

A certified copy of an order of prehearing detention shall

constitute authority for a facility to detain or to continue to

detain the person who is the subject of the order.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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