Okla. Stat. tit. 43A, § 43A-5-413
This is the official text of Okla. Stat. tit. 43A, § 43A-5-413, 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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Prehearing detention
Official statutory text
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.
1. If the court issues an order for detention, it shall
immediately set a date, time, and place for a hearing on the
petition, and shall issue notice to each individual required to
receive notice pursuant to Section 5-412 of this title.
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.
C. 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 exist:
1. An order may be entered authorizing any peace officer to
take that person into custody and to detain such person in a
suitable facility prior to the hearing on the petition; or
2. If the person is being held in emergency detention, the
court may issue an order authorizing the facility to detain the
person prior to a hearing on the petition.
Oklahoma Statutes - Title 43A. Mental Health Page 147
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.
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.
1. If the court issues an order for detention, it shall
immediately set a date, time, and place for a hearing on the
petition, and shall issue notice to each individual required to
receive notice pursuant to Section 5-412 of this title.
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.
C. 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 exist:
1. An order may be entered authorizing any peace officer to
take that person into custody and to detain such person in a
suitable facility prior to the hearing on the petition; or
2. If the person is being held in emergency detention, the
court may issue an order authorizing the facility to detain the
person prior to a hearing on the petition.
Oklahoma Statutes - Title 43A. Mental Health Page 147
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.
Status: in_force · Read it on the official government site
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