§ 3-428. Intoxicated person in public place--Assistance--Protective custody--Detention
Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: November 1, 2021
Effective: November 1, 2021
43A Okl.St.Ann. § 3-428
§ 3-428. Intoxicated person in public place--Assistance--Protective custody--Detention
B. 1. 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 herself 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.
C. 1. 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.
2. 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.
2. If the person remains unconscious or likely to harm himself or herself or others, the person may be detained for no more than twelve (12) hours, excluding weekends and legal holidays, after admission unless a petition for an order directing the commitment of the person to an approved treatment facility has been filed according to the Mental Health Law provisions and procedures for commitment. The person may consent to remain in the facility as long as the administrator or physician in charge believes appropriate.
G. 1. A person in possession of a controlled dangerous substance, as defined in Section 2-101 of Title 63 of the Oklahoma Statutes, or in possession of drug paraphernalia, as defined in Section 2-405 of Title 63 of the Oklahoma Statutes, who appears to be in need of help, and if the person consents to the offered help, in lieu of arrest, may be taken to:
2. Any creation of a program as provided in this subsection shall be subject to the authority of the appropriate county, municipal or tribal governing body and any of its subsidiaries. The Department of Mental Health and Substance Abuse Services has the authority to approve or disapprove individual treatment centers as described in this subsection.
Credits
Laws 1978, c. 64, § 10; Laws 1986, c. 103, § 47, eff. Nov. 1, 1986. Renumbered from Title 63, § 2127 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986. Laws 1990, c. 51, § 84, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 20, emerg. eff. May 9, 2005; Laws 2021, c. 196, § 1, eff. Nov. 1, 2021.
43A Okl. St. Ann. § 3-428, OK ST T. 43A § 3-428
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |