{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-472","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-472","heading":"Anna McBride Act – Mental health courts","body":"A. This section shall be known and may be cited as the “Anna\n\nMcBride Act”.\n\nB. Any district or municipal court of this state may establish\n\na mental health court program pursuant to the provisions of this\n\nsection, subject to the availability of funds.\n\nC. The court may request assistance from the Department of\n\nMental Health and Substance Abuse Services which shall be the\n\nprimary agency to assist in developing and implementing a mental\n\nhealth court program.\n\nD. For purposes of this section, “mental health court” means a\n\njudicial process that utilizes specially trained court personnel to\n\nexpedite a case and explore alternatives to incarceration for an\n\noffender charged with criminal offenses other than a crime listed in\n\nparagraph 2 of Section 571 of Title 57 of the Oklahoma Statutes who\n\nhas a mental illness or a developmental disability, or a co-\n\noccurring mental illness and substance abuse disorder. The district\n\nattorney’s office may use discretion in the prosecution of an\n\noffender specified in this subsection subject to the restrictions\n\nprovided in subsection E of this section.\n\nE. The court shall have the authority to exclude from mental\n\nhealth court any offender arrested or charged with any violent\n\noffense or any offender who has a prior felony conviction in this\n\nstate or another state for a violent offense. Eligibility and entry\n\nby an offender into the mental health court program is dependent\n\nupon prior approval of the district attorney. Eligible offenses may\n\nfurther be restricted by the rules of the specific mental health\n\ncourt program. The court shall have the authority to exclude\n\npersons from mental health court who have a propensity for violence.\n\nF. The mental health court judge shall recognize relapses and\n\nrestarts in the program which shall be considered as part of the\n\nrehabilitation and recovery process. The court shall accomplish\n\nmonitoring and offender accountability by ordering progressively\n\nincreasing sanctions or providing incentives, rather than removing\n\nthe offender from the program when a violation occurs, except when\n\nthe conduct of the offender requires revocation from the program.\n\nAny revocation from the mental health court program shall require\n\nnotice to the offender and other participating parties in the case\n\nand a revocation hearing. At the revocation hearing, if the\n\noffender is found to have violated the conditions of the plea\n\nagreement or performance contract and disciplinary sanctions have\n\nbeen insufficient to gain compliance, the offender shall be revoked\n\nfrom the program and sentenced for the offense as provided in the\n\nplea agreement.\n\nG. Any criminal case which has been filed and processed in the\n\ntraditional manner shall be cross-referenced to a mental health\n\ncourt case file by the court clerk if the case is subsequently\n\nassigned to a mental health court program. The originating criminal\n\ncase file shall remain open to public inspection. The court shall\n\ndetermine what information or pleadings are to be retained in the\n\nmental health case court file, which shall be closed to public\n\ninspection.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1109556f456715840b79877d955f25f3111f42f13c8ed3ff7f4e30ca1dca1089","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-471.9","next":"us-ok/okla.-stat.-tit.-22-22-48"},"notice":"GroundRules: Original legal text. Not legal advice."}
