Oklahoma § 72-197 - Treatment in institution - Commitment - Transfer

§ 72-197. Treatment in institution - Commitment - Transfer

(1) Whenever, in any proceeding under the laws of this state for

the commitment of a person alleged to be of unsound mind or

otherwise in need of confinement in a hospital or other institution

for his proper care, it is determined after such adjudication of the

status of such person as may be required by law that commitment to a

hospital for mental disease or other institution is necessary for

safekeeping or treatment and it appears that such person is eligible

for care or treatment by the Veterans Administration or other agency

of the United States Government, the court, upon receipt of a

certificate from the Veterans Administration or such other agency

showing that facilities are available and that such person is

eligible for care or treatment therein, may commit such person to

said Veterans Administration or other agency. The person whose

commitment is sought shall be personally served with notice of the

pending commitment proceeding in the manner as provided by the laws

of this state; and nothing in this act shall affect his right to

appear and be heard in the proceedings. Upon commitment, such

person, when admitted to any facility operated by any such agency

within or without this state shall be subject to the rules and

regulations of the Veterans Administration or other agency. The

chief officer of any facility of the Veterans Administration or

institution operated by any other agency of the United States to

which the person is so committed shall with respect to such person

be vested with the same powers as superintendents of state hospitals

for mental diseases within this state with respect to retention of

custody, transfer, parole or discharge. Jurisdiction is retained in

the committing or other appropriate court of this state at any time

to inquire into the mental condition of the person so committed, and

to determine the necessity for continuance of his restraint, and all

commitments pursuant to this act are so conditioned.

(2) The judgment or order of commitment by a court of competent

jurisdiction of another state or of the District of Columbia,

committing a person to the Veterans Administration, or other agency

of the United States Government for care or treatment shall have the

same force and effect as to the committed person while in this state

as in the jurisdiction in which is situated the court entering the

Oklahoma Statutes - Title 72. Soldiers and Sailors

judgment or making the order; and the courts of the committing

state, or of the District of Columbia, shall be deemed to have

retained jurisdiction of the person so committed for the purpose of

inquiring into the mental condition of such person, and of

determining the necessity for continuance of his restraint; as is

provided in subsection (1) of this section with respect to persons

committed by the courts of this state. Consent is hereby given to

the application of the law of the committing state or district in

respect to the authority of the chief officer of any facility of the

Veterans Administration, or of any institution operated in this

state by any other agency of the United States to retain custody, or

transfer, parole or discharge the committed person.

(3) Upon receipt of a certificate of the Veterans Administration

or such other agency of the United States that facilities are

available for the care or treatment of any person heretofore

committed to any hospital for the insane or other institution for

the care or treatment of persons similarly afflicted and that such

person is eligible for care or treatment, the superintendent of the

institution may cause the transfer of such person to the Veterans

Administration or other agency of the United States for care or

treatment. Upon effecting any such transfer, the committing court

or proper officer thereof shall be notified thereof by the

transferring agency. No person shall be transferred to the Veterans

Administration or other agency of the United States if he be

confined pursuant to conviction of any felony or misdemeanor or if

he has been acquitted of the charge solely on the ground of

insanity, unless prior to transfer the court or other authority

originally committing such person shall enter an order for such

transfer after appropriate motion and hearing.

Any person transferred as provided in this section shall be

deemed to be committed to the Veterans Administration or other

agency of the United States pursuant to the original commitment.

Added by Laws 1945, p. 375, § 18, emerg. eff. April 17, 1945.

Renumbered from § 126.18 of this title by Laws 2019, c. 23, § 13,

emerg. eff. April 4, 2019.