[Previous] [Next]
§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.
[Previous] [Next]