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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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