A.  The Board of Mental Health and Substance Abuse Services shall adopt rules and procedures to ensure that persons involuntarily committed to the facilities of the Department of Mental Health and Substance Abuse Services for treatment by a court receive review of their involuntary status at least once every three (3) months, and the Department of Mental Health and Substance Abuse Services shall take appropriate action based upon this review.

B.  Any person receiving involuntary inpatient treatment, or such person's attorney, may at any time file a written request that the treatment order be reviewed by the committing court, or a court in the county where the person is located.  If a review is requested, the court shall hear the matter within thirty (30) days after the request, and the court shall give notice to the person and such person's attorney and the person in charge of the facility of the time and place of the hearing.  The hearing shall be to determine if the person can be treated on a less restrictive basis.  At the conclusion of the hearing, the court may confirm the order of treatment, modify the order of treatment, discharge the respondent, or enter any appropriate order.

Historical Data

Laws 1980, SB 633, c. 324, § 12, emerg. eff. June 17, 1980; Amended by Laws 1986, HB 2021, c. 103, § 81, eff. November 1, 1986; Renumbered from 43A O.S. § 54.11 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1990, SB 866, c. 51, § 100, emerg. eff. April 9, 1990; Amended by Laws 1997, HB 2024, c. 387, § 10, eff. November 1, 1997 (superseded document available); Renumbered from 43A O.S. § 5-407 by Laws 1997, HB 2024, c. 387, § 12, eff. November 1, 1997; Amended by Laws 2002, SB 1624, c. 488, § 45, eff. November 1, 2002 (superseded document available); Amended by Laws 2022, HB 4227, c. 297, § 8, eff. November 1, 2022 (superseded document available).