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§43A-5-101.
§43A-5-101.
A. Any person alleged to be mentally ill or alcohol- or drug-dependent
to a degree which warrants institutional treatment or care, and who is
not in confinement in a jail or adult lock-up facility on a criminal
charge and who has no criminal charges pending against him or her, may
be admitted to and confined in an institution within the Department of
Mental Health and Substance Abuse Services, a state psychiatric
hospital, or a licensed private institution by compliance with any one
of the following procedures:
1. Emergency admission;
2. On voluntary application; and
3. On involuntary court certification.
B. Any person alleged to be mentally ill or alcohol- or drug-dependent
to a degree which warrants institutional treatment or care and who has
criminal charges pending against him or her but is not confined in a
jail or adult lock-up facility may be admitted to an institution
within the Department, a state psychiatric hospital or a licensed
private institution pursuant to the provisions of subsection A of this
section; provided, the institution or hospital shall be authorized to
take such reasonable steps as necessary to assure the protection of
the public, the residents of the institution or hospital and the
person, including but not limited to segregation and private
facilities. Provided further, treatment received pursuant to this
subsection shall not constitute a defense in any criminal proceeding
except as otherwise provided by Title 22 of the Oklahoma Statutes.
C. Any person confined pursuant to a criminal charge may be admitted
to and confined pursuant to a court order issued in compliance with
the provisions of Section 1175.6 of Title 22 of the Oklahoma Statutes.
No person shall be deprived of his or her liberty on the grounds that
such person is, or is supposed to be, mentally ill or in need of
mental health treatment, except in accordance with the provisions of
the Mental Health Law, Section 1-101 et seq. of this title.
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