Anyone in custody as a person in need of treatment or a child 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. Upon the return of such writ, the fact of the person’s mental illness shall be inquired into and determined. Notice of hearing on the writ must be given to the guardian of such patient, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct. The medical or other history of the patient, as it appears in the institutional record, shall be given in evidence, and the executive director of the institution wherein such person is held in custody, and any proper person, shall be sworn touching the condition of such person.

The executive director shall make available for examination by physicians selected by the person seeking the writ, the patient whose freedom is sought by writ of habeas corpus. Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the patient shall be admitted in evidence.

Laws 1953, HB 846, p. 172, § 99; Amended by Laws 1986, HB 2021, c. 103, § 7, eff. November 1, 1986; Renumbered from 43A O.S. § 99 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1992, HB 1544, c. 298, § 40, eff. July 1, 1993; Amended by Laws 2004, SB 1578, c. 113, § 2, eff. November 1, 2004 (superseded document available).