§43A-5-411.

§43A-5-411.
   
   A. A person alleged to be a mentally ill person and a person requiring
   treatment shall have the following rights:
   
   1. The right to notice, as provided by Section 6 of this act;
   
   2. The right to counsel, including court-appointed counsel, and if the
   person has no counsel, that the court shall appoint an attorney to
   represent the person at no cost if the person is an indigent person
   and cannot afford an attorney;
   
   3. The right to a hearing and the right to a closed hearing, unless
   the person requests otherwise;
   
   4. Upon request, right to a jury trial. The jury shall be composed of
   six persons having the qualifications required of jurors in courts of
   record;
   
   5. The right to be present at the hearing on the petition or jury
   trial. The person shall be present at the hearing or jury trial unless
   the court finds that the presence of the person alleged to be a
   mentally ill person requiring treatment makes it impossible to conduct
   the hearing or trial in a reasonable manner or that the presence of
   the person would be injurious to the health or well-being of such
   person.
   
   a. The court shall not decide in advance of the hearing, solely on the
   basis of the certificate of evaluation, that the person alleged to be
   a mentally ill person requiring treatment should not be allowed nor
   required to appear.
   
   b. Prior to issuing an order excluding the person from the hearing or
   jury trial, the court shall find, based upon clear and convincing
   evidence, that alternatives to exclusion of the person were attempted;
   
   6. The right to present and to cross-examine witnesses. The petitioner
   and witnesses identified in the petition shall offer testimony under
   oath at the hearing on the petition. When the hearing is conducted as
   a jury trial, the petitioner and any witness in behalf of the
   petitioner shall be subject to cross-examination by the attorney for
   the person alleged to be a person requiring treatment. The person
   alleged to be a person requiring treatment may also be called as a
   witness and cross-examined.
   
   B. A person alleged to be or found by a court to be a mentally ill
   person and a person requiring treatment shall be afforded such other
   rights as are guaranteed by state and federal law.
   
   C. No statement, admission or confession made by the person alleged to
   be a mentally ill person requiring treatment shall be used for any
   purpose except for proceedings under this act. No such statement,
   admission or confession may be used against such person in any
   criminal action whether pending at the time the hearing is held or
   filed against such person at any later time directly or in any manner
   or form.
   
   D. An attorney appointed by the court to represent a person alleged to
   be a mentally ill person and a person requiring treatment shall be a
   licensed and actively practicing attorney who shall represent the
   person until final disposition of the case. The court may appoint a
   public defender where available.
   
   1. The attorney appointed by the court shall meet and consult with the
   person within one (1) day of notification of the appointment. The
   attorney shall immediately, upon meeting with the person alleged to be
   a mentally ill person requiring treatment, present to such person a
   statement of the rights, including all rights afforded to persons
   alleged to be mentally ill persons requiring treatment by the Oklahoma
   and the United States Constitutions.
   
   2. The court-appointed attorney shall be replaced by another attorney
   if:
   
   a. the person alleged to be a mentally ill person requiring treatment
   prefers the services of an attorney other than the one initially
   appointed for him,
   
   b. the preferred attorney agrees to accept the responsibility, and
   
   c. the person alleged to be a mentally ill person requiring treatment
   or the preferred attorney notifies the court of the preference and the
   attorney's acceptance of employment.
   
   The preferred attorney shall meet and consult with the person within
   one (1) day of employment or appointment. Any request for additional
   days shall be subject to the discretion of the court, considering the
   facts and circumstances of each particular case, including cost.
   
   3. The attorney fees for all services shall be paid by the person
   alleged to be a mentally ill person requiring treatment. However, if
   the person alleged to be a person requiring treatment, or a person
   empowered pursuant to law to act on behalf of such person, submits an
   affidavit that such person is indigent and unable to pay attorney
   fees, the attorney fees shall be paid from the court fund, after a
   determination by the court that such person is indigent. The amount of
   such fee shall be set by the court.
   
   4. The attorney representing the person alleged to be a mentally ill
   person requiring treatment shall notify the court of any current and
   unrevoked advance directive that has been executed by such person
   pursuant to the Advance Directives for Mental Health Treatment Act and
   provide a written copy of the advance directive, if available, to the
   court and a representative of the district attorney's office.