STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 480	By:	Griffin

AS INTRODUCED

An Act relating to mental health; amending 43A O.S. 2011, Section 1-110, which relates to transporting persons for mental health services; restricting certain duties of sheriffs and peace officers; prohibiting transportation of certain persons; permitting certain agreements for the purposes of providing transportation services to persons requiring mental health services; removing certain transportation responsibilities for law enforcement agencies; providing for reimbursement of certain personnel costs; permitting certain agency to contract with private providers for transportation of persons requiring mental health services; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     43A O.S. 2011, Section 1-110, is amended to read as follows:
Section 1-110.  A.  Sheriffs and peace officers shall be responsible for transporting individuals to and from designated sites or facilities for the purpose of examination, emergency detention, and protective custody and inpatient services.  This shall not include any person that is voluntarily committed.
B.  A municipal law enforcement agency shall be responsible for any individual found within such municipality's jurisdiction.  The county sheriff shall be responsible for any individual found outside of a municipality's jurisdiction, but within the county or a county sheriff may enter into a Memorandum of Understanding (MOU) with the Department of Mental Health and Substance Abuse Services for additional transportation services.
C.  The law enforcement agency transporting an individual to and from designated sites or facilities pursuant to the provisions of this section shall maintain responsibility for the transportation of such individual pending completion of the examination, emergency detention, protective custody and inpatient services.
D.  Sheriffs and peace officers shall be entitled to reimbursement from the Department of Mental Health and Substance Abuse Services for transportation services and personnel costs associated with transportation services for minors or adults requiring examination, emergency detention, protective custody and inpatient services.
E. D.  Any transportation provided by a sheriff or deputy sheriff or a peace officer on behalf of any county, city, town or municipality of this state, to or from any facility for the purpose of examination, admission, interfacility transfer, medical treatment or court appearance shall be reimbursed in accordance with the provisions of the State Travel Reimbursement Act.  Any additional transportation services shall be reimbursed pursuant to an MOU reached with the Department of Mental Health and Substance Abuse Services.
F. E.  Nothing in this section shall prohibit a law enforcement agency from entering into a lawful agreement with any other law enforcement agency to fulfill the requirements established by this section.
F.  The Department of Mental Health and Substance Abuse Services may contract with outside private agencies, ambulatory services, security companies, or law enforcement agencies for purposes of transportation of individuals between facilities.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-1126	JAM	1/15/2013 4:11:43 PM