FOR EMERGENCY DETENTION. 43A O.S. 5-207(D).
A PERSON TAKEN INTO PROTECTIVE CUSTODY MUST BE EXAMINED AT AN APPROPRIATE FACILITY WITHIN 12 HOURS OF BEING PLACED IN PROTECTIVE CUSTODY. 5-208(A). IF THE LICENSED MENTAL HEALTH PROFESSIONAL WHO EXAMINES THE INDIVIDUAL DETERMINES THAT THE PERSON IS NOT A PERSON REQUIRING TREATMENT UNDER THE ACT, THE PERSON "SHALL BE RETURNED IMMEDIATELY TO THE POINT WHERE HE WAS TAKEN INTO PROTECTIVE CUSTODY AND RELEASED." ID. THE ACT DOES NOT STATE THE IDENTITY OF THE PERSON(S) OR AGENCY(S) REQUIRED TO IMMEDIATELY RETURN THE INDIVIDUAL.
IF THE LICENSED MENTAL HEALTH PROFESSIONAL DETERMINES THAT THE PERSON'S CONDITION IS SUCH THAT EMERGENCY DETENTION IS WARRANTED, THE PROFESSIONAL MUST: (A) PREPARE A STATEMENT WITH RESULTS OF EXAMINATION, (B) REQUEST THE DISTRICT COURT OF THE COUNTY IN WHICH THE PERSON IS BEING HELD IN EMERGENCY DETENTION TO ISSUE AN ORDER AUTHORIZING THE DETENTION BEYOND 72 HOURS, AND (C) PROVIDE FOR FULL EXAMINATION AND PROCEED TOWARD INVOLUNTARY COMMITMENT.
IF PROBABLE CAUSE EXISTS TO DETAIN THE PERSON PRIOR TO A HEARING ON A PETITION FOR INVOLUNTARY COMMITMENT, THE COURT MAY ENTER AN ORDER AUTHORIZING ANY PEACE OFFICER TO TAKE THAT PERSON INTO CUSTODY AND DETAIN THE PERSON IN A SUITABLE FACILITY PRIOR TO THE HEARING ON THE PETITION. 43A O.S. 5-401(B).
43A O.S. 5-202 DISCUSSES THE RIGHTS OF DETAINED OR CONFINED PERSONS AND INDICATES THAT WHEN A PERSON ALLEGED IN ANY COURT TO BE MENTALLY ILL OR ADJUDGED TO BE MENTALLY ILL IS IN THE LEGAL CUSTODY OF THE COUNTY SHERIFF AND, IF SUCH PERSON HAS NOT BEEN CHARGED WITH COMMISSION OF A CRIME, THE COUNTY SHERIFF MAY CONFINE SUCH PERSON IN A PLACE OTHER THAN THE COUNTY JAIL AND TO TRANSPORT SUCH PERSON TO THE PLACE SELECTED. IN SUCH CIRCUMSTANCES, THE COUNTY IS DIRECTED TO EXPEND SUCH FUNDS AS MAY BE NECESSARY TO PROVIDE FOR SUCH CONFINEMENT OUTSIDE THE COUNTY JAIL. ID.
43A O.S. 5-108 DISCUSSES THE RESPONSIBILITY FOR TRANSFERRING PATIENTS FROM PRIVATE HOSPITALS TO STATE HOSPITALS. THERE, THE RESPONSIBILITY OF TRANSPORTATION IS VERY CLEARLY LEFT IN THE HANDS OF THE SHERIFF OF THE COUNTY IN WHICH THE PATIENT IS HOSPITALIZED. THE EXPENSE OF CONVEYING THE PATIENT IS REQUIRED TO BE BORNE WHENEVER POSSIBLE BY THE PETITIONER, HIS RELATIVE, OR GUARDIAN. OTHERWISE THE SHERIFF OR HIS DEPUTY SHALL BE REIMBURSED FOR NECESSARY TRAVEL EXPENSES AND SUBSISTENCE AS PROVIDED BY LAWS FOR OTHER OFFICIAL BUSINESS. ID.
43A O.S. 5-203 DISCUSSES THE TRANSPORTATION OF MENTALLY ILL WOMEN AND AGAIN, VERY CLEARLY INDICATES THAT UPON RECEIVING AN ORDER TO CONVEY A MENTALLY-ILL WOMAN THE SHERIFF OF THE COUNTY IS REQUIRED TO PROCURE SOME SUITABLE WOMAN TO ASSIST IN CONVEYING TO THE INSTITUTION. THE SHERIFF IS ALLOWED TO PROCURE ASSISTANCE AND CERTIFY PROCUREMENT OF ASSISTANCE TO THE COUNTY CLERK AS A PART OF THE EXPENSE OF TRANSPORTING THE WOMAN. WHENEVER A WOMAN IS TRANSFERRED FROM ONE INSTITUTION TO ANOTHER WITHIN THE DEPARTMENT OR FROM AN INSTITUTION WITHIN THE DEPARTMENT TO ANOTHER INSTITUTION OF LIKE NATURE ELSEWHERE, SHE MUST BE ACCOMPANIED BY A FEMALE EMPLOYEE OF