2015 Oklahoma Statutes
Title 43A. Mental Health
§43A-1-108. Habeas corpus - Notice - Evidence.

43A OK Stat § 43A-1-108 (2015) What's This?

A. Anyone in custody as a person in need of treatment or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in the person’s behalf pursuant to the provisions of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.

B. Upon the return of a writ of habeas corpus, whether the person is a person requiring treatment as defined by Section 1-103 of this title or whether the minor is a minor requiring treatment as defined by Section 5-502 of this title shall be inquired into and determined.

C. Notice of hearing on the writ must be given to the guardian of the consumer, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct.

D. The medical or other history of the consumer, as it appears in the facility record, shall be given in evidence, and the executive director of the facility wherein the consumer is held in custody shall testify as to the condition of the consumer.

E. The executive director shall make available for examination by physicians selected by the person seeking the writ, the consumer whose freedom is sought by writ of habeas corpus.

F. Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the consumer shall be admitted in evidence.

Added by Laws 1953, p. 172, § 99, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 7, eff. Nov. 1, 1986. Renumbered from § 99 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1992, c. 298, § 40, eff. July 1, 1993; Laws 2004, c. 113, § 2, eff. Nov. 1, 2004; Laws 2005, c. 150, § 4, emerg. eff. May 9, 2005.

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