§ 5-413. Prehearing detention
Oklahoma Statutes AnnotatedTitle 43A. Mental Health
43A Okl.St.Ann. § 5-413
§ 5-413. Prehearing detention
A. When a request for an order of prehearing detention is attached to a petition alleging a person to have a mental illness and to be a person requiring treatment, the district court shall determine whether there is probable cause to detain the person who is the subject of the petition prior to a hearing on the petition.
2. The period of prehearing detention shall not exceed seventy-two (72) hours, excluding the weekends and holidays, except upon a court order authorizing detention beyond a seventy-two-hour period or pending the hearing on a petition requesting involuntary commitment or treatment. Prehearing detention may be extended to coincide with any order of continuance entered by the court.
B. If the court finds that probable cause to detain the person alleged to have a mental illness and to be a person requiring treatment does not exist, the court shall dismiss the request and, if the person is being held in protective custody or emergency detention, order the person released and returned to the point where such person was taken into protective custody.
A certified copy of an order of prehearing detention shall constitute authority for a facility to detain or to continue to detain the person who is the subject of the order.
Credits
Laws 1997, c. 387, § 7, eff. Nov. 1, 1997; Laws 2002, c. 488, § 40, eff. Nov. 1, 2002; Laws 2013, c. 217, § 3, eff. Nov. 1, 2013.
43A Okl. St. Ann. § 5-413, OK ST T. 43A § 5-413
Current with legislation of the Second Regular Session of the 59th Legislature (2024) effective as of July 1, 2024. Some sections may be more current, see credits for details.
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