{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-7-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-7-101","heading":"Discharge or permission to leave facility - Outpatient","body":"status - Notification of discharge - Expense of returning to\n\nfacility - Procedure.\n\nA. The person in charge of a facility within the Department of\n\nMental Health and Substance Abuse Services shall discharge a\n\nconsumer or permit the consumer to leave the facility as provided in\n\nthis section.\n\nB. The person in charge shall discharge a consumer:\n\n1. Who is no longer a risk to self or others as provided by\n\nSection 1-103 of this title;\n\n2. Who is capable of surviving safely in freedom alone or with\n\nthe help of other state agencies, private entities, or willing and\n\nresponsible family members or friends; provided, however, nothing in\n\nthis section or Section 7-102 of this title shall be construed as\n\nrequiring any state agency or private entity to provide services\n\nexcept as voluntarily agreed to by the agency and consumer; and\n\n3. For whom a discharge plan has been developed pursuant to the\n\nprovisions of Section 7-102 of this title.\n\nC. The person in charge may grant a convalescent leave or\n\nvisiting status to a consumer in accordance with policies prescribed\n\nby the Commissioner of Mental Health and Substance Abuse Services.\n\nThe facility granting a convalescent leave or visiting status to a\n\nconsumer has no responsibility in returning the consumer to the\n\nfacility should such become necessary. A convalescent leave or\n\nvisiting status may be granted rather than a discharge when the\n\ncomplete recovery of the consumer can be determined only by\n\npermitting the consumer to leave the facility. The person in charge\n\nshall discharge a consumer who has not returned to the facility\n\nwithin twelve (12) months from the time a convalescent leave or\n\nvisiting status was granted. Any return from convalescent leave or\n\nvisiting status must be on a voluntary basis.\n\nD. In accordance with policies prescribed by the Commissioner, a\n\nperson in charge may transfer a consumer to an outpatient or other\n\nnonhospital status when, in the opinion of the person in charge, such\n\ntransfer will not be detrimental to the public welfare or injurious\n\nto the consumer and the necessary treatment may be continued on that\n\nbasis; provided, however, that before transferring the consumer, the\n\nperson in charge shall ensure that appropriate financial resources\n\nand appropriate services are available to receive and care for such\n\nconsumer after such transfer.\n\nE. The person in charge of the facility shall notify the court\n\nthat committed the consumer that the consumer has been discharged.\n\nSuch notification shall be within forty-eight (48) hours after the\n\nactual discharge.\n\nF. If the consumer was committed after the dismissal of criminal\n\ncharges pursuant to the provisions of Section 1175.6a of Title 22 of\n\nthe Oklahoma Statutes:\n\n1. The Department shall continue all appropriate efforts to\n\nrestore the consumer to competency as defined by Section 1175.1 of\n\nTitle 22 of the Oklahoma Statutes during the consumer’s commitment;\n\n2. The Department shall evaluate the consumer for competency and\n\nissue a written report detailing the consumer’s progress in regaining\n\ncompetency to the attorney of the consumer, the district court that\n\ndismissed the criminal action, and the district attorney or other\n\nprosecuting agency that prosecuted the dismissed criminal action at\n\nleast once every year;\n\n3. The Department shall notify the consumer, the attorney of the\n\nconsumer, the prosecuting agency that prosecuted the dismissed\n\ncriminal action, and the district court that committed the consumer\n\nno less than sixty (60) days prior to any discharge, leave, granting\n\nof visiting status, or transfer of the consumer. Contemporaneously\n\nwith the notice, the Department shall provide a written report\n\nevaluating the consumer’s risk to self and others if released, the\n\nconsumer’s status and progress in regaining competency, the\n\nconsumer’s current and historical compliance with medication and\nmer\n\nno less than sixty (60) days prior to any discharge, leave, granting\n\nof visiting status, or transfer of the consumer. Contemporaneously\n\nwith the notice, the Department shall provide a written report\n\nevaluating the consumer’s risk to self and others if released, the\n\nconsumer’s status and progress in regaining competency, the\n\nconsumer’s current and historical compliance with medication and\n\ntreatment, and any discharge plan developed for the consumer;\n\n4. The prosecuting agency that prosecuted the dismissed criminal\n\naction may file with the district court that committed the consumer\n\nan objection to the consumer’s discharge, leave, granting of visiting\n\nstatus, or transfer within thirty (30) days of receipt of notice\n\npursuant to paragraph 3 of this subsection. The prosecuting agency\n\nshall, regardless of whether an objection is filed, make reasonable\n\nefforts to notify all alleged victims in the dismissed criminal\n\naction, or if an alleged victim is deceased, his or her family, of\n\nthe Department’s planned discharge, leave, granting of visiting\n\nstatus, or transfer of the consumer;\n\n5. The court shall hold a hearing within thirty (30) days of the\n\nfiling of an objection by the prosecuting agency to determine whether\n\nthe consumer’s planned discharge, leave, granting of visiting status,\n\nor transfer should occur. The consumer shall be entitled to counsel\n\nat the hearing and in preparation for the hearing. If the consumer\n\ndoes not have counsel, the court shall appoint an attorney to\n\nrepresent the person at no cost if the person is indigent and cannot\n\nafford an attorney. The hearing may be continued either by agreement\n\nof the parties or upon good cause shown. The prosecuting agency\n\nobjecting to the consumer’s discharge, leave, granting of visiting\n\nstatus, or transfer shall bear the burden of proof, by clear and\n\nconvincing evidence, that the planned discharge, leave, granting of\n\nvisiting status, or transfer should not be granted. In the event of\n\na planned discharge pursuant to subsection B of this section, the\n\ncourt shall determine whether the criteria contained within\n\nsubsection B of this section has been met. In the event of a\n\nconvalescent leave, granting of visiting status, or transfer pursuant\n\nto subsection C or D of this section, the court shall determine\n\nwhether the applicable criteria have been met and whether the leave,\n\ngranting of visiting status, or transfer is in the best interest of\n\nthe consumer and in the best interest of public safety. The court\n\nshall enter the appropriate order which shall include written\n\nfindings of fact and conclusions of law and specify its effective\n\ndate;\n\n6. An order entered pursuant to this subsection may be appealed\n\nby either the consumer or the prosecuting agency to the Supreme Court\n\nin accordance with the rules of the Supreme Court. The district\n\ncourt, the Supreme Court, or the Court of Civil Appeals, if assigned,\n\nmay stay an order granting discharge, leave, visiting status, or\n\ntransfer pending appeal. On appeal, the district court’s findings of\n\nfacts shall be reviewed for an abuse of discretion while the legal\n\nconclusions of the district court shall be reviewed de novo. If the\n\nprosecuting agency appeals an order granting the consumer’s\n\ndischarge, leave, visiting status, or transfer and the order has been\n\nstayed pending appeal, the appellate court shall resolve the appeal\n\nin an expedited manner; and\n\n7. The provisions of this subsection shall apply to all persons\n\nsubject to such terms regardless of whether the person’s criminal\n\ncharge or commitment occurred before or after the effective date of\n\nthis act.\n\nG. The expense of returning a consumer from convalescent leave,\n\noutpatient status or visiting status shall be that of:\n\n1. The party removing the consumer from the facility; or\n\n2. The Department. When it becomes necessary for the consumer\nall persons\n\nsubject to such terms regardless of whether the person’s criminal\n\ncharge or commitment occurred before or after the effective date of\n\nthis act.\n\nG. The expense of returning a consumer from convalescent leave,\n\noutpatient status or visiting status shall be that of:\n\n1. The party removing the consumer from the facility; or\n\n2. The Department. When it becomes necessary for the consumer\n\nto be returned from the county where the consumer happens to be, the\n\nDepartment shall reimburse the county pursuant to the provisions of\n\nthe State Travel Reimbursement Act.\n\nH. In the event authorization is necessary to accomplish the\n\nreturn of the consumer to the facility, such authority is hereby\n\nvested in the judge of the district court in the county where the\n\nconsumer is located. Upon receipt of notice that the consumer needs\n\nto be returned to the facility, the judge shall cause the consumer to\n\nbe brought before the court by issuance of a citation directed to the\n\nconsumer to appear and show cause why the consumer should not be\n\nreturned to the facility. The judge shall, if clear and convincing\n\nevidence is presented by testimony under oath that the consumer\n\nshould be returned to the facility, enter an order returning the\n\nconsumer. If there is a lack of clear and convincing evidence\n\nshowing the necessity of such return, the consumer shall immediately\n\nbe released. Law enforcement officers are authorized to take into\n\ncustody, detain and transport a consumer pursuant to a citation or an\n\norder of the judge of the district court.\n\nI. An attending physician of any consumer admitted to a private\n\nfacility may discharge a consumer or permit the consumer to leave the\n\nfacility subject to the same provisions applicable to the discharge\n\nor release of a consumer by the person in charge of a state facility.","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":"f7049e1e6f3b4397bbda39e1087fae7b3e7dc322de6bcf4c66793624f9a62514","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-681","next":"us-ok/okla.-stat.-tit.-43a-43a-7-102"},"notice":"GroundRules: Original legal text. Not legal advice."}