Long Story Short: Lawmakers seek changes to mental health law

Oklahomans with mental illness or substance abuse conditions can be detained for stabilizing treatment if they pose an immediate threat of harm to themselves or others. But the requirement that harm be immediate disqualifies many in need of help, leaving them to further deteriorate, often resulting in homelessness, incarceration, serious injury or death.

A Tulsa lawmaker aims to change that with House Bill 3451.

Oklahoma is one of only six states whose civil commitment laws still mandate immediate or imminent threats, according to research from the Treatment Advocacy Center.

In a 2020 report, the Treatment Advocacy Center condemned Oklahoma’s law for requiring significant mental and physical deterioration before someone can be placed under an emergency hold.

“When you require an imminent standard, when you require deterioration, you are essentially saying, ‘get sicker and maybe we’ll get the right moment before you harm yourself,’” said Sabah Muhammad, senior legislative and policy counsel for the center. “And the question is, why isn’t your detachment from reality, from your ability to access your self-determination, why isn’t that deterioration harm enough?”

A bill filed last month could result in earlier intervention, reducing law enforcement encounters, arrests and long-term commitments. But it also means suspending people’s rights sooner.

The proposal by Rep. Jeff Boatman, R-Tulsa, expands who is eligible for commitment to include someone who has a history of threatening or posing physical harm to themselves or others as a result of mental illness or substance abuse. It also includes extreme destruction of property as a reason for detention. House Bill 3451 is one of more than 2,000 new bills filed for the 2024 legislative session.