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§43A-3-428.
§43A-3-428.
A. An intoxicated person in a public place as defined in Section 8 of
Title 37 of the Oklahoma Statutes, who appears to be in need of help,
if he consents to the offered help, may be assisted to his home, to an
alternative facility pursuant to the provisions of this section or to
an approved treatment facility by a peace officer or an emergency
service patrol.
B. A person who appears to be intoxicated, and as a result of such
intoxication is unconscious in a public place or reasonably appears to
be in danger of harming himself or others, may be taken into
protective custody by a peace officer or an emergency service patrol
and immediately brought to an approved treatment facility for medical
or nonmedical detoxification. The peace officer or the emergency
service patrol, in detaining the person and taking him to an approved
treatment facility, is taking him into protective custody and shall
make every reasonable effort to protect his health and safety. In
taking the person into protective custody, the detaining officer may
take reasonable steps to protect himself. No record shall be made
which indicates that the person has been arrested or charged with a
crime.
C. If the Department of Mental Health and Substance Abuse Services or
the governing body of any municipality has approved a program
alternative to statutory or municipal requirements of prosecution and
imprisonment of such person, until the capacity to accommodate
intoxicated persons has been exceeded in the facility wherein such
alternative program is located, the arresting officer and other public
officials involved in an arrest pursuant to this section shall utilize
such alternative treatment program upon the voluntary approval of the
intoxicated person and the receiving facility rather than proceed
under the statutory or municipal laws pertaining to prosecution and
imprisonment of intoxicated persons. A facility in which the program
is located may make application to the Department of Mental Health and
Substance Abuse Services for approval, but no such program or facility
wherein such program is located shall claim or advertise to be a
certified treatment facility unless duly certified as such by the
Department of Mental Health and Substance Abuse Services. All
facilities acquiring such approval of an alternative program shall
establish their own capacity for the number of persons to be
accommodated in the program. It shall be the duty of the Department of
Health to investigate all complaints concerning general sanitation
made in the form of a sworn affidavit against such municipally
approved alternative facilities. In event the complaints are found to
be true, the State Commissioner of Health shall have the power to
order improvements or closure.
D. A person who is brought to an alternative facility or an approved
treatment facility may be admitted as a patient by the administrator
in charge of the facility or referred to another treatment facility.
E. A person may not be detained at the approved treatment facility
when he either is no longer unconscious, or no longer appears likely
to harm himself or others. If he remains unconscious or likely to harm
himself or others, he may be detained for no more than twelve (12)
hours, excluding weekends and legal holidays, after admission unless a
petition for an order directing his commitment to an approved
treatment facility has been filed according to the Mental Health Law
provisions and procedures for commitment of said persons. The person
may consent to remain in the facility as long as the administrator or
physician in charge believes appropriate.
F. If a person is admitted to an approved treatment facility under
this section, he may notify his relatives of his admission or another
person may, with the consent of the admittee, notify his relatives of
his admission.
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