{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-207v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-207v1","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\n\nupon whose statement the officer relies shall sign a written\n\nstatement indicating the basis for such person's belief that the\n\nperson is a person requiring treatment. Any false statement given\n\nto the officer by the person upon whose statement the officer relies\n\nshall be a misdemeanor and subject to the sanctions of Title 21 of\n\nthe Oklahoma 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 use telemedicine with a\n\nlicensed mental health professional employed or under contract with\n\na facility operated by, certified by, or contracted with the\n\nDepartment of Mental Health and Substance Abuse Services to perform\n\nan initial assessment. If, subsequent to an initial assessment, it\n\nis determined that emergency detention is warranted, the officer\n\nshall immediately transport the person to the nearest facility that\n\nhas bed space available if the facility is within thirty (30) miles\n\nof the peace officer's operational headquarters and the individual\n\nwas determined to be a person requiring treatment. The Department\n\nof Mental Health and Substance Abuse Services may contract for the\n\nuse of alternative transportation providers to transport individuals\n\nto facilities designated for emergency detention when the nearest\n\nfacility with bed space available is more than thirty (30) miles\n\nfrom the peace officer's operational headquarters and the individual\n\nwas determined to be a person requiring treatment. For purposes of\n\nthis section, \"urgent recovery clinics\" means clinics that offer\n\nservices aimed at the assessment and immediate stabilization of\n\nacute symptoms of mental illness, alcohol and other drug abuse, and\n\nemotional distress, provided no more than twenty-three (23) hours\n\nand fifty-nine (59) minutes of services are provided to a consumer\n\nduring one episode of care. If it is determined by the facility\n\ndirector or designee that the person is not medically stable, the\n\nofficer shall immediately transport the person to the nearest\nf\n\nacute symptoms of mental illness, alcohol and other drug abuse, and\n\nemotional distress, provided no more than twenty-three (23) hours\n\nand fifty-nine (59) minutes of services are provided to a consumer\n\nduring one episode of care. If it is determined by the facility\n\ndirector or designee that the person is not medically stable, the\n\nofficer shall immediately transport the person to the nearest\n\nhospital or other appropriate treatment facility.\n\nE. If the person is medically unstable, the person may be\n\ntransported to an appropriate medical facility for medical\n\ntreatment. A treating physician may authorize that the person be\n\ndetained until the person becomes medically stable. When the person\n\nbecomes medically stable, if in the opinion of the treating or\n\ndischarging physician, the patient is still a person requiring\n\ntreatment as defined in Section 1-103 of this title, the physician\n\nshall authorize detention of the patient for transportation as\n\nprovided in subsection D of this section.\n\nF. 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 Section 5-206 of this\n\ntitle.","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":"7911474f0254b5c8a7320be13d46898fceaefc31e0116455620c0ed19db7ec5e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-207","next":"us-ok/okla.-stat.-tit.-43a-43a-5-207v2"},"notice":"GroundRules: Original legal text. Not legal advice."}