Okla. Stat. tit. 43A § 5-419

Current through Laws 2024, c. 453.

Section 5-419 - Modification order - Notice - Contents of notice

A. The court may modify an order for involuntary inpatient commitment and order alternative treatment pursuant to the provisions of this section upon request of the person committed or the administrator of a facility to which a person has been involuntarily committed for inpatient treatment. The court shall give notice to the person affected thereby and to each individual required to receive notice pursuant to Section 5-412 of this title, to appear within five (5) regular court days, or as many other days as the court may grant, and show cause why the modification shall not be made. The notice shall contain the following information:

1. The individual ordered to undergo a program of alternative treatment to hospitalization is not complying with the previous order, or that the alternative treatment program has not been sufficient to prevent harm or injury to the person or others, or the person committed for inpatient care and treatment is eligible for discharge and that an evaluation conducted prior to discharge determined that an order for alternative treatment is necessary in order to prevent impairment or injury to the person;

2. A statement of the facts upon which the alleged change of condition is based and a copy of any written findings entered by the court;

3. Notice of the time and place of the show cause hearing;

4. Notice of the types of modifications that the court can make pursuant to this hearing;

5. The witnesses who shall testify or offer evidence for the modification which are known to the court;

6. That the individual has the right to an attorney, and that if the individual cannot afford an attorney, one will be provided; and

7. That the individual has the right to cross-examine witnesses, and to call witnesses in such person's own defense.

B. The court may only order assisted outpatient treatment as defined by Section 1-103 of this title if the person meets the conditions for assisted outpatient treatment provided by this title.

Okla. Stat. tit. 43A, § 5-419

Amended by Laws 2016 , c. 177, s. 10, eff. 11/1/2016.

Amended by Laws 2013 , c. 217, s. 6, eff. 11/1/2013.

Added by Laws 1980, SB 633, c. 324, § 11, emerg. eff. 6/17/1980; Renumbered from 43A O.S. § 54.10 by Laws 1986, HB 2021, c. 103, § 103, eff. 11/1/1986; Amended by Laws 1988, HB 2001, c. 260, § 13, eff. 11/1/1988; Renumbered from 43A O.S. § 5-406 by Laws 1997, HB 2024, c. 387, § 12, eff. 11/1/1997; Amended by Laws 2002 , SB 1624, c. 488, § 44, eff. 11/1/2002.