Okla. Stat. tit. 43A, § 43A-7-101

status - Notification of discharge - Expense of returning to

facility - Procedure.

A. The person in charge of a facility within the Department of

Mental Health and Substance Abuse Services shall discharge a

consumer or permit the consumer to leave the facility as provided in

this section.

B. The person in charge shall discharge a consumer:

1. Who is no longer a risk to self or others as provided by

Section 1-103 of this title;

2. Who is capable of surviving safely in freedom alone or with

the help of other state agencies, private entities, or willing and

responsible family members or friends; provided, however, nothing in

this section or Section 7-102 of this title shall be construed as

requiring any state agency or private entity to provide services

except as voluntarily agreed to by the agency and consumer; and

3. For whom a discharge plan has been developed pursuant to the

provisions of Section 7-102 of this title.

C. The person in charge may grant a convalescent leave or

visiting status to a consumer in accordance with policies prescribed

by the Commissioner of Mental Health and Substance Abuse Services.

The facility granting a convalescent leave or visiting status to a

consumer has no responsibility in returning the consumer to the

facility should such become necessary. A convalescent leave or

visiting status may be granted rather than a discharge when the

complete recovery of the consumer can be determined only by

permitting the consumer to leave the facility. The person in charge

shall discharge a consumer who has not returned to the facility

within twelve (12) months from the time a convalescent leave or

visiting status was granted. Any return from convalescent leave or

visiting status must be on a voluntary basis.

D. In accordance with policies prescribed by the Commissioner, a

person in charge may transfer a consumer to an outpatient or other

nonhospital status when, in the opinion of the person in charge, such

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transfer will not be detrimental to the public welfare or injurious

to the consumer and the necessary treatment may be continued on that

basis; provided, however, that before transferring the consumer, the

person in charge shall ensure that appropriate financial resources

and appropriate services are available to receive and care for such

consumer after such transfer.

E. The person in charge of the facility shall notify the court

that committed the consumer that the consumer has been discharged.

Such notification shall be within forty-eight (48) hours after the

actual discharge.

F. If the consumer was committed after the dismissal of criminal

charges pursuant to the provisions of Section 1175.6a of Title 22 of

the Oklahoma Statutes:

1. The Department shall continue all appropriate efforts to

restore the consumer to competency as defined by Section 1175.1 of

Title 22 of the Oklahoma Statutes during the consumer’s commitment;

2. The Department shall evaluate the consumer for competency and

issue a written report detailing the consumer’s progress in regaining

competency to the attorney of the consumer, the district court that

dismissed the criminal action, and the district attorney or other

prosecuting agency that prosecuted the dismissed criminal action at

least once every year;

3. The Department shall notify the consumer, the attorney of the

consumer, the prosecuting agency that prosecuted the dismissed

criminal action, and the district court that committed the consumer

no less than sixty (60) days prior to any discharge, leave, granting

of visiting status, or transfer of the consumer. Contemporaneously

with the notice, the Department shall provide a written report

evaluating the consumer’s risk to self and others if released, the

consumer’s status and progress in regaining competency, the

consumer’s current and historical compliance with medication and
mer

no less than sixty (60) days prior to any discharge, leave, granting

of visiting status, or transfer of the consumer. Contemporaneously

with the notice, the Department shall provide a written report

evaluating the consumer’s risk to self and others if released, the

consumer’s status and progress in regaining competency, the

consumer’s current and historical compliance with medication and

treatment, and any discharge plan developed for the consumer;

4. The prosecuting agency that prosecuted the dismissed criminal

action may file with the district court that committed the consumer

an objection to the consumer’s discharge, leave, granting of visiting

status, or transfer within thirty (30) days of receipt of notice

pursuant to paragraph 3 of this subsection. The prosecuting agency

shall, regardless of whether an objection is filed, make reasonable

efforts to notify all alleged victims in the dismissed criminal

action, or if an alleged victim is deceased, his or her family, of

the Department’s planned discharge, leave, granting of visiting

status, or transfer of the consumer;

5. The court shall hold a hearing within thirty (30) days of the

filing of an objection by the prosecuting agency to determine whether

the consumer’s planned discharge, leave, granting of visiting status,

or transfer should occur. The consumer shall be entitled to counsel

at the hearing and in preparation for the hearing. If the consumer

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does not have counsel, the court shall appoint an attorney to

represent the person at no cost if the person is indigent and cannot

afford an attorney. The hearing may be continued either by agreement

of the parties or upon good cause shown. The prosecuting agency

objecting to the consumer’s discharge, leave, granting of visiting

status, or transfer shall bear the burden of proof, by clear and

convincing evidence, that the planned discharge, leave, granting of

visiting status, or transfer should not be granted. In the event of

a planned discharge pursuant to subsection B of this section, the

court shall determine whether the criteria contained within

subsection B of this section has been met. In the event of a

convalescent leave, granting of visiting status, or transfer pursuant

to subsection C or D of this section, the court shall determine

whether the applicable criteria have been met and whether the leave,

granting of visiting status, or transfer is in the best interest of

the consumer and in the best interest of public safety. The court

shall enter the appropriate order which shall include written

findings of fact and conclusions of law and specify its effective

date;

6. An order entered pursuant to this subsection may be appealed

by either the consumer or the prosecuting agency to the Supreme Court

in accordance with the rules of the Supreme Court. The district

court, the Supreme Court, or the Court of Civil Appeals, if assigned,

may stay an order granting discharge, leave, visiting status, or

transfer pending appeal. On appeal, the district court’s findings of

facts shall be reviewed for an abuse of discretion while the legal

conclusions of the district court shall be reviewed de novo. If the

prosecuting agency appeals an order granting the consumer’s

discharge, leave, visiting status, or transfer and the order has been

stayed pending appeal, the appellate court shall resolve the appeal

in an expedited manner; and

7. The provisions of this subsection shall apply to all persons

subject to such terms regardless of whether the person’s criminal

charge or commitment occurred before or after the effective date of

this act.

G. The expense of returning a consumer from convalescent leave,

outpatient status or visiting status shall be that of:

1. The party removing the consumer from the facility; or

2. The Department. When it becomes necessary for the consumer
all persons

subject to such terms regardless of whether the person’s criminal

charge or commitment occurred before or after the effective date of

this act.

G. The expense of returning a consumer from convalescent leave,

outpatient status or visiting status shall be that of:

1. The party removing the consumer from the facility; or

2. The Department. When it becomes necessary for the consumer

to be returned from the county where the consumer happens to be, the

Department shall reimburse the county pursuant to the provisions of

the State Travel Reimbursement Act.

H. In the event authorization is necessary to accomplish the

return of the consumer to the facility, such authority is hereby

vested in the judge of the district court in the county where the

consumer is located. Upon receipt of notice that the consumer needs

to be returned to the facility, the judge shall cause the consumer to

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be brought before the court by issuance of a citation directed to the

consumer to appear and show cause why the consumer should not be

returned to the facility. The judge shall, if clear and convincing

evidence is presented by testimony under oath that the consumer

should be returned to the facility, enter an order returning the

consumer. If there is a lack of clear and convincing evidence

showing the necessity of such return, the consumer shall immediately

be released. Law enforcement officers are authorized to take into

custody, detain and transport a consumer pursuant to a citation or an

order of the judge of the district court.

I. An attending physician of any consumer admitted to a private

facility may discharge a consumer or permit the consumer to leave the

facility subject to the same provisions applicable to the discharge

or release of a consumer by the person in charge of a state facility.