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 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 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 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 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 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. Added by Laws 1953, p. 167, § 73, emerg. eff. June 3, 1953. Amended by Laws 1959, p. 189, § 5, emerg. eff. June 27, 1959; Laws 1965, c. 295, § 1, emerg. eff. June 24, 1965; Laws 1980, c. 227, § 1, eff. Oct. 1, 1980; Laws 1986, c. 35, § 2, eff. Nov. 1, 1986. Renumbered from § 73 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 368, § 1, eff. Nov 1, 1989; Laws 2001, c. 186, § 16, eff. Nov. 1, 2001; Laws 2003, c. 46, § 39, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 55, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 27, eff. Nov. 1, 2005; Laws 2025, c. 364, § 4, eff. Nov. 1, 2025.
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