Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 812 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to mental health; amending 43A O.S.
7 2021, Section 1-110, as last amended by Section 1,
8 Chapter 134, O.S.L. 2024 (43A O.S. Supp. 2024,
8 Section 1-110), which relates to transporting persons
9 for mental health services; creating certain
9 exception; defining term; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 43A O.S. 2021, Section 1-110, as
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15 last amended by Section 1, Chapter 134, O.S.L. 2024 (43A O.S. Supp.
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16 2024, Section 1-110), is amended to read as follows:
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17 Section 1-110. A. As an alternative to transport under
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18 subsection B of this section for the sole purpose of initial
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19 assessment of a person who the officer reasonably believes is a
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20 person requiring treatment, as defined in Section 1-103 of this
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21 title, sheriffs and peace officers may request an assessment at the
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22 point of initial contact by the Department of Mental Health and
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23 Substance Abuse Services. To conduct the assessment, the Department
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24 may utilize:
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Req. No. 1098 Page 1
1 1. Telemedicine, when such capability is available through a
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2 mobile computing device in the possession of the local law
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3 enforcement agency, to have the person assessed by a licensed mental
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4 health professional employed by or under contract with a facility
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5 operated by, certified by, or contracted with the Department; or
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6 2. An in-person assessment by a licensed mental health
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7 professional on a mobile crisis response team or who is employed by
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8 or under contract with a facility operated by, certified by, or
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9 contracted with the Department.
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10 B. 1. To serve the mental health needs of persons of their
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11 jurisdiction, peace officers shall be responsible for transporting
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12 individuals in need of:
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13 a. initial assessment, except when the individual has
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14 been assessed at the point of initial contact by the
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15 Department under subsection A of this section, or
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16 b. emergency detention or protective custody under
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17 Section 5-207 of this title, unless the officer has
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18 already transported the individual to the facility for
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19 initial assessment,
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20 from the point of initial contact to the nearest facility, as
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21 defined in Section 1-103 of this title, that is appropriate for
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22 initial assessment or treatment of the individual within a thirty-
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23 mile radius of the peace officer's operational headquarters.
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1 2. Transportation to the nearest appropriate facility shall be
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2 completed by either the Department of Mental Health and Substance
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3 Abuse Services or an entity contracted by the Department for
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4 alternative transportation if:
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5 a. there is not an appropriate facility within a thirty-
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6 mile radius of the peace officer's operational
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7 headquarters, or
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8 b. the officer has already transported the individual to
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9 an appropriate facility for initial assessment.
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10 3. For purposes of this section, "initial contact" is defined
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11 as contact with an individual in need of assessment, emergency
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12 detention, or protective custody made by a law enforcement officer.
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13 Initial contact in this section does not include an individual self-
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14 presenting at a facility as defined in Section 1-103 of this title.
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15 4. When an individual self-presents at a facility as defined in
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16 Section 1-103 of this title or at a medical facility and is placed
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17 into protective custody under Section 5-207 of this title due to a
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18 determination that the individual is a person requiring treatment as
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19 defined in Section 1-103 of this title, and if transport to another
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20 facility is needed for initial assessment or treatment, the person
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21 shall be transported to the nearest appropriate facility by the
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22 Department or an entity contracted by the Department for alternative
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23 transportation.
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1 5. When an individual self-presents at a facility as defined in
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2 Section 1-103 of this title or at a medical facility and is not
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3 placed into protective custody under Section 5-207 of this title,
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4 but consents to voluntary transport to a facility as defined in
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5 Section 1-103 of this title for treatment, transport or the
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6 arrangement of transport shall be the responsibility of the facility
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7 receiving the individual, unless the individual chooses to arrange
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8 his or her own transportation.
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9 6. The Except for unaccompanied minors, the transportation
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10 requirements provided by this subsection, to the extent such
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11 requirements are applicable to peace officers, shall be considered
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12 fulfilled once the person has been transported to the facility, the
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13 officer has made contact with the appropriate staff of the facility,
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14 and the staff of the facility have determined that the patient does
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15 not present a clear or immediate threat to his or her own safety or
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16 to the safety of the staff of the facility. Once custody of the
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17 individual has been transferred to the appropriate facility staff,
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18 the peace officer shall not be required to remain at the facility
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19 with the individual pending initial assessment or treatment. For
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20 the purposes of this section, "unaccompanied minor" means any person
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21 under eighteen (18) years of age who is transported to a facility
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22 pursuant to this section without his or her parent or legal
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23 guardian.
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1 C. A municipal law enforcement agency shall be responsible for
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2 transportation as provided in this section for any individual found
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3 within such municipality's jurisdiction. The county sheriff shall
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4 be responsible for transportation as provided in this section for
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5 any individual found outside of a municipality's jurisdiction, but
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6 within the county.
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7 D. Once an individual has been presented to an appropriate
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8 facility as provided in subsection B of this section, the Department
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9 of Mental Health and Substance Abuse Services or an entity
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10 contracted by the Department shall be responsible for any subsequent
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11 transportation of such individual.
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12 E. Sheriffs and peace officers shall be entitled to
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13 reimbursement from the Department of Mental Health and Substance
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14 Abuse Services for transportation services associated with minors or
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15 adults requiring initial assessment, emergency detention, protective
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16 custody, and inpatient services.
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17 F. Any transportation provided by a sheriff or deputy sheriff
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18 or a peace officer on behalf of any county, city, town, or
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19 municipality of this state, to or from any facility for the purpose
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20 of initial assessment, admission, interfacility transfer, medical
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21 treatment, or court appearance shall be reimbursed in accordance
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22 with the provisions of the State Travel Reimbursement Act.
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23 G. Nothing in this section shall prohibit a law enforcement
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24 agency or the Department of Mental Health and Substance Abuse
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Req. No. 1098 Page 5
1 Services from entering into a lawful agreement with any other law
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2 enforcement agency to fulfill the requirements established by this
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3 section or from contracting with a third party to provide the
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4 services established by this section, provided the third party meets
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5 minimum standards as determined by the Department.
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6 H. A law enforcement agency shall not be liable for the actions
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7 of a peace officer commissioned by the agency when such officer is
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8 providing services as a third party pursuant to subsection G of this
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9 section outside his or her primary employment as a peace officer.
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10 I. 1. For purposes of transportation completed by the
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11 Department of Mental Health and Substance Abuse Services or an
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12 entity contracted by the Department as required by this section, the
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13 use of mechanical restraints shall not be applied to an individual
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14 being transported unless:
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15 a. the individual being transported physically assaults
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16 or attempts to physically assault the person lawfully
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17 conducting the transportation of the individual
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18 pursuant to the provisions of this section and the
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19 person lawfully conducting the transportation believes
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20 such restraints are necessary for the safety of
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21 himself or herself or the protection of others,
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22 b. the individual being transported attempts or causes
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23 serious physical injury to self and the person
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24 lawfully conducting the transportation believes such
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1 restraints are necessary for the safety of the
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2 individual being transported, or
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3 c. the individual being transported has a propensity
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4 toward violence as indicated by past transports,
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5 criminal charges, or mental health history and as
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6 identified in the transport request form, and the
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7 person lawfully conducting the transportation believes
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8 such restraints are necessary for the safety of
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9 himself or herself, for the safety of the individual
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10 being transported, or for the protection of others.
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11 2. The mechanical restraint shall be continued for no longer
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12 than is necessary under the circumstances described in paragraph 1
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13 of this subsection. Every use of a mechanical restraint, the
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14 reasons, and the length of time, shall be made a part of the
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15 clinical record of the consumer under the signature of the
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16 individual responsible for the transportation as required by this
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17 section.
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18 SECTION 2. This act shall become effective November 1, 2025.
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20 60-1-1098 DC 1/19/2025 5:43:57 AM
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Req. No. 1098 Page 7Every fact on this page links to its source, starting with the official bill record.