A. Any person who has a mental illness or is alcohol- or drug-dependent to a degree which warrants inpatient treatment or care, and who is not in confinement in any jail or correctional facility on a criminal charge or conviction and who has no criminal charges pending against him or her, may be admitted to and confined in a facility within the Department of Mental Health and Substance Abuse Services, a state psychiatric hospital, or a licensed private institution by compliance with any one of the following procedures:

1. Emergency admission;

2. On voluntary application; or

3. On involuntary court commitment.

B. Any person who has a mental illness or is alcohol- or drug-dependent to a degree which warrants inpatient treatment or care and who has criminal charges pending against him or her but is not confined in any jail or correctional facility may be admitted to a facility within the Department or a licensed private institution pursuant to the provisions of subsection A of this section; provided, the facility or hospital shall be authorized to take such reasonable steps as necessary to assure the protection of the public, the residents of the facility or hospital and the person including, but not limited to, segregation and private facilities. Provided further, treatment received pursuant to this subsection shall not constitute a defense in any criminal proceeding except as otherwise provided by Title 22 of the Oklahoma Statutes.

C. 1. Any person confined pursuant to a criminal charge shall only be admitted to and confined pursuant to a court order issued in compliance with the provisions of Section 1175.6 of Title 22 of the Oklahoma Statutes.

2. No person shall be deprived of his or her liberty on the grounds that such person is, or is supposed to have, a mental illness or is in need of mental health treatment, except in accordance with the provisions of the Mental Health Law.

Added by Laws 1953, p. 160, § 51, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 62, eff. Nov. 1, 1986. Renumbered from § 51 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 348, § 22, eff. Nov. 1, 1989; Laws 1990, c. 51, § 93, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 3, eff. Sept. 1, 1994; Laws 1995, c. 1, § 14, emerg. eff. March 2, 1995; Laws 2002, c. 488, § 31, eff. Nov. 1, 2002; Laws 2003, c. 213, § 4, eff. July 1, 2003; Laws 2003, c. 394, § 3; Laws 2005, c. 195, § 24, eff. Nov. 1, 2005; Laws 2007, c. 130, § 10, eff. Nov. 1, 2007; Laws 2008, c. 401, § 11, eff. Nov. 1, 2008.

NOTE: Laws 1994, c. 180, § 2 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.