Okla. Stat. tit. 43A, § 43A-1-108
This is the official text of Okla. Stat. tit. 43A, § 43A-1-108, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Habeas corpus - Notice - Evidence
Official statutory text
A. Anyone in custody as a person in need of treatment, assisted
outpatient or a minor in need of mental health treatment, pursuant
to the provisions of this title, is entitled to a writ of habeas
corpus, upon a proper application made by such person or some
relative or friend in the person's behalf pursuant to the provisions
of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.
B. Upon the return of a writ of habeas corpus, whether the
person is a person requiring treatment or an assisted outpatient as
defined by Section 1-103 of this title or whether the minor is a
minor requiring treatment as defined by Section 5-502 of this title
shall be inquired into and determined.
C. Notice of hearing on the writ must be given to the guardian
of the consumer, if one has been appointed, to the person who
applied for the original commitment and to such other persons as the
court may direct.
D. The medical or other history of the consumer, as it appears
in the facility record, shall be given in evidence, and the
executive director of the facility wherein the consumer is held in
custody shall testify as to the condition of the consumer.
E. The executive director shall make available for examination
by physicians selected by the person seeking the writ, the consumer
whose freedom is sought by writ of habeas corpus.
F. Any evidence, including evidence adduced in any previous
habeas corpus proceedings, touching upon the mental condition of the
consumer shall be admitted in evidence.
outpatient or a minor in need of mental health treatment, pursuant
to the provisions of this title, is entitled to a writ of habeas
corpus, upon a proper application made by such person or some
relative or friend in the person's behalf pursuant to the provisions
of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.
B. Upon the return of a writ of habeas corpus, whether the
person is a person requiring treatment or an assisted outpatient as
defined by Section 1-103 of this title or whether the minor is a
minor requiring treatment as defined by Section 5-502 of this title
shall be inquired into and determined.
C. Notice of hearing on the writ must be given to the guardian
of the consumer, if one has been appointed, to the person who
applied for the original commitment and to such other persons as the
court may direct.
D. The medical or other history of the consumer, as it appears
in the facility record, shall be given in evidence, and the
executive director of the facility wherein the consumer is held in
custody shall testify as to the condition of the consumer.
E. The executive director shall make available for examination
by physicians selected by the person seeking the writ, the consumer
whose freedom is sought by writ of habeas corpus.
F. Any evidence, including evidence adduced in any previous
habeas corpus proceedings, touching upon the mental condition of the
consumer shall be admitted in evidence.
Status: in_force · Read it on the official government site
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