{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-5-413","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-5-413","heading":"Prehearing detention","body":"A. When a request for an order of prehearing detention is\n\nattached to a petition alleging a person to have a mental illness\n\nand to be a person requiring treatment, the district court shall\n\ndetermine whether there is probable cause to detain the person who\n\nis the subject of the petition prior to a hearing on the petition.\n\n1. If the court issues an order for detention, it shall\n\nimmediately set a date, time, and place for a hearing on the\n\npetition, and shall issue notice to each individual required to\n\nreceive notice pursuant to Section 5-412 of this title.\n\n2. The period of prehearing detention shall not exceed seventy-\n\ntwo (72) hours, excluding the weekends and holidays, except upon a\n\ncourt order authorizing detention beyond a seventy-two-hour period\n\nor pending the hearing on a petition requesting involuntary\n\ncommitment or treatment. Prehearing detention may be extended to\n\ncoincide with any order of continuance entered by the court.\n\nB. If the court finds that probable cause to detain the person\n\nalleged to have a mental illness and to be a person requiring\n\ntreatment does not exist, the court shall dismiss the request and,\n\nif the person is being held in protective custody or emergency\n\ndetention, order the person released and returned to the point where\n\nsuch person was taken into protective custody.\n\nC. If the court finds that probable cause to detain the person\n\nalleged to have a mental illness and to be a person requiring\n\ntreatment does exist:\n\n1. An order may be entered authorizing any peace officer to\n\ntake that person into custody and to detain such person in a\n\nsuitable facility prior to the hearing on the petition; or\n\n2. If the person is being held in emergency detention, the\n\ncourt may issue an order authorizing the facility to detain the\n\nperson prior to a hearing on the petition.\n\nA certified copy of an order of prehearing detention shall\n\nconstitute authority for a facility to detain or to continue to\n\ndetain the person who is the subject of the order.","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":"cb621691ef47e77dd237e795e1d199e22452094ee4a632a158ed1e69a20c9099","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-5-412","next":"us-ok/okla.-stat.-tit.-43a-43a-5-414"},"notice":"GroundRules: Original legal text. Not legal advice."}