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§43A-5-207.


§43A-5-207.
   
   A. Any person who appears to be or states that such person is mentally
   ill, alcohol-dependent, or drug-dependent to a degree that immediate
   emergency action is necessary may be taken into protective custody and
   detained as provided pursuant to the provisions of this section.
   Nothing in this section shall be construed as being in lieu of
   prosecution under state or local statutes or ordinances relating to
   public intoxication offenses.
   
   B. Any peace officer who reasonably believes that a person is a person
   requiring treatment, an alcohol-dependent person, or a drug-dependent
   person to a degree that immediate emergency action is necessary shall
   take said person into protective custody. The officer shall make every
   reasonable effort to take the person into custody in the least
   conspicuous manner.
   
   C. The officer shall prepare a written affidavit indicating the basis
   for the officer's belief that the person is a person requiring
   treatment and the circumstances under which the officer took the
   person into protective custody. The officer shall give a copy of the
   statement to the person or the person's attorney upon the request of
   either. If the officer does not make the determination to take an
   individual into protective custody on the basis of the officer's
   personal observation, the officer shall not be required to prepare a
   written affidavit. However, the person stating to be mentally ill,
   alcohol-dependent, or drug-dependent or the person upon whose
   statement the officer relies shall sign a written affidavit indicating
   the basis for such person's belief that the person is a person
   requiring treatment. Any false statement given to the officer by the
   person upon whose statement the officer relies shall be a misdemeanor
   and subject to the sanctions of Title 21 of the Oklahoma Statutes.
   
   D. The officer shall immediately transport the person to the nearest
   facility designated by the Commissioner of Mental Health and Substance
   Abuse Services as an appropriate facility for emergency examinations.
   If, subsequent to an emergency examination, it is determined that
   emergency detention is warranted, the officer shall transport the
   person to the nearest facility designated by the Commissioner of
   Mental Health and Substance Abuse Services as appropriate for such
   detention.
   
   E. The parent, brother or sister who is eighteen (18) years of age or
   older, child who is eighteen (18) years of age or older, or guardian
   of the person, or a person who appears to be or states that such
   person is mentally ill, alcohol-dependent, or drug-dependent to a
   degree that emergency action is necessary may request the
   administrator of a facility designated by the Commissioner of Mental
   Health and Substance Abuse Services as an appropriate facility for an
   emergency examination to conduct an emergency examination to determine
   whether the condition of the person is such that emergency detention
   is warranted and, if emergency detention is warranted, to detain said
   person as provided by this act.
   

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