{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-207","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-207","heading":"Local Law Enforcement Mental Health Manpower Act","body":"A. Any person who appears to be or states that such person is\n\nmentally ill, alcohol-dependent, or drug-dependent to a degree that\n\nimmediate emergency action is necessary may be taken into protective\n\ncustody and detained as provided pursuant to the provisions of this\n\nsection. Nothing in this section shall be construed as being in\n\nlieu of prosecution under state or local statutes or ordinances\n\nrelating to public intoxication offenses.\n\nB. 1. Any peace officer who reasonably believes that a person\n\nis a person requiring treatment as defined in Section 1-103 of this\n\ntitle shall take the person into protective custody. The officer\n\nshall make every reasonable effort to take the person into custody\n\nin the least conspicuous manner.\n\n2. Upon taking the person into protective custody, the officer\n\nmay relinquish custody of the person believed to require treatment\n\nto a duly qualified reserve officer or deputy employed by the same\n\nagency to fulfill the officer’s duties as required by this title.\n\nC. The officer shall prepare a written statement indicating the\n\nbasis for the officer’s belief that the person is a person requiring\n\ntreatment and the circumstances under which the officer took the\n\nperson into protective custody. The officer shall give a copy of\n\nthe statement to the person or the person’s attorney upon the\n\nrequest of either. If the officer does not make the determination\n\nto take an individual into protective custody on the basis of the\n\nofficer’s personal observation, the officer shall not be required to\n\nprepare a written statement. However, the person stating to be\n\nmentally ill, alcohol-dependent or drug-dependent or the person upon\n\nwhose statement the officer relies shall sign a written statement\n\nindicating the basis for such person’s belief that the person is a\n\nperson requiring treatment. Any false statement given to the\n\nofficer by the person upon whose statement the officer relies shall\n\nbe a misdemeanor and subject to the sanctions of Title 21 of the\n\nOklahoma Statutes.\n\nD. If the person is medically stable, the officer shall\n\nimmediately transport the person to an urgent recovery clinic or to\n\nthe nearest facility, as defined in Section 1-103 of this title, for\n\nan initial assessment within a thirty-mile radius of the peace\n\nofficer’s operational headquarters, or may request an assessment at\n\nthe point of initial contact by the Department of Mental Health and\n\nSubstance Abuse Services as provided by subsection A of Section 1-\n\n110 of this title. If, subsequent to an initial assessment, it is\n\ndetermined that emergency detention is warranted, the person shall\n\nimmediately be transported to the nearest facility that is\n\nappropriate for treatment of the individual and has bed space\n\navailable if the individual has been determined to be a person\n\nrequiring treatment. Transport shall be provided in accordance with\n\nsubsection B of Section 1-110 of this title.\n\nE. For the purposes of this section, “urgent recovery clinics”\n\nmeans clinics that offer voluntary services aimed at the assessment\n\nand immediate stabilization of acute symptoms of mental illness,\n\nalcohol and other drug abuse and emotional distress; provided that,\n\nunless the person consents to a longer duration, no more than\n\ntwenty-three (23) hours and fifty-nine (59) minutes of services are\n\nprovided to a consumer during one episode of care.\n\nF. If it is determined by the facility director or designee\n\nthat the person is not medically stable, the Department shall\n\nimmediately transport the person to the nearest hospital or other\n\nappropriate medical facility for medical treatment. A treating\n\nphysician may authorize that the person be detained until the person\n\nbecomes medically stable. The time limit on the emergency detention\n\nperiod stipulated under Section 5-208 of this title shall be tolled\n\nuntil the person who appears to be a person requiring treatment is\niately transport the person to the nearest hospital or other\n\nappropriate medical facility for medical treatment. A treating\n\nphysician may authorize that the person be detained until the person\n\nbecomes medically stable. The time limit on the emergency detention\n\nperiod stipulated under Section 5-208 of this title shall be tolled\n\nuntil the person who appears to be a person requiring treatment is\n\nmedically stabilized. When the person becomes medically stable, if\n\nin the opinion of the treating or discharging physician, the patient\n\nis still a person requiring treatment as defined in Section 1-103 of\n\nthis title, the physician shall authorize detention of the patient\n\nfor transportation as provided in subsection D of this section.\n\nG. The parent, brother or sister who is eighteen (18) years of\n\nage or older, child who is eighteen (18) years of age or older, or\n\nguardian of the person, or a person who appears to be or states that\n\nsuch person is mentally ill, alcohol-dependent or drug-dependent to\n\na degree that emergency action is necessary may request the\n\nadministrator of a facility designated by the Commissioner as an\n\nappropriate facility for an initial assessment to conduct an initial\n\nassessment to determine whether the condition of the person is such\n\nthat emergency detention is warranted and, if emergency detention is\n\nwarranted, to detain the person as provided in Sections 5-206\n\nthrough 5-209 of this title.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d4d0a5250a20d5bed977e0d203b1857bacaebd3f1097d84af294c0ae3406bfe4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-206","next":"us-ok/okla.-stat.-tit.-43a-43a-5-207v1"},"notice":"GroundRules: Original legal text. Not legal advice."}