1. A. The court, in considering a commitment petition filed under Section 5-410 or Section 9-102 of this title, shall not order hospitalization without a thorough consideration of available treatment alternatives to hospitalization, nor without addressing the patient's competency to consent to or refuse the treatment that is ordered including, but not limited to, the patient's rights:

   1. 1. To be heard concerning the patient's treatment; and
   2. 2. To refuse medications.

2. B.

   1. 1. If the court, in considering a commitment petition filed under Section 5-410 or Section 9-102 of this title, finds that a program other than hospitalization is adequate to meet the individual's treatment needs and is sufficient to prevent injury to the individual or to others, the court may order the individual to receive whatever treatment other than hospitalization is appropriate for a period set by the court, during which time the court :

      1. a. shall have continuing jurisdiction over the individual as a person requiring treatment, and
      2. b. shall periodically, no less often than annually, review the treatment needs of the individual and determine whether or not to continue, discontinue, or modify the treatment.

   2. 2. If at any time it comes to the attention of the court from a person competent to file a petition, pursuant to subsection A of Section 5-410 of this title, that the individual ordered to undergo a program of alternative treatment to hospitalization is not complying with the order or that the alternative treatment program has not been sufficient to prevent harm or injury which the individual may be inflicting upon himself or others, the court may order the person to show cause why the court should not :

      1. a. implement other alternatives to hospitalization, modify or rescind the original order or direct the individual to undergo another program of alternative treatment , if necessary and appropriate, based on written findings of the court, or
      2. b. enter an order of admission pursuant to the provisions of this title, directing that the person be hospitalized and, if the individual refuses to comply with this order of hospitalization, the court may direct a peace officer to take the individual into protective custody and transport the person to a public or private facility designated by the court.
   3. 3. If an order of alternative treatment will expire without further review by the court and it is believed that the individual continues to require treatment, a person competent to file a petition, pursuant to subsection A of Section 5-410 of this title, may file either an application for an extension of the court's previous order or an entirely new petition for a determination that the individual is a person requiring treatment .
   4. 4. A hearing on the application or petition filed pursuant to paragraph 3 of this subsection shall be held within ten (10) days after the application or petition is filed, unless the court extends the time for good cause. In setting the matter for hearing, the court shall consider whether or not the prior orders of the court will expire during the pendency of the hearing and shall make appropriate orders to protect the interests of the individual who is the subject of the hearing.
3. C. Prior to ordering the hospitalization of an individual, the court shall inquire into the adequacy of treatment to be provided to the individual by the facility, and hospitalization shall not be ordered unless the facility in which the individual is to be treated can provide such person with treatment which is adequate and appropriate to such person's condition.

4. D. The court may modify an order for involuntary commitment and order alternative treatment pursuant to the provisions of this section upon request of any of the following:

   1. 1. The administrator of a facility to which a person has been involuntarily committed for inpatient treatment pursuant to the provisions of Section 5-410 or Section 9-102 of this title;
   2. 2. The person committed; or
   3. 3. A person competent to file a petition pursuant to subsection A of Section 5-410 of this title.
5. E. Nothing in this section shall prohibit the Department of Mental Health and Substance Abuse Services, or the court, from discharging a person admitted pursuant to this section, at a time prior to the expiration of the period of alternative treatment, or any extension thereof. The Department of Mental Health and Substance Abuse Services shall file a report with the court outlining the disposition of each person admitted pursuant to this section at least forty-eight (48) hours prior to discharge.
6. F. Notice of any proceedings pursuant to this section shall be given to the patient, the patient's guardian, the patient's attorney, and the person filing the petition or application.
7. G. The provisions of this section shall apply to all orders and petitions for alternative treatment in force or pending on and after the effective date of this act.

Laws 1980, SB 633, c. 324, § 10, emerg. eff. June 17, 1980; Amended by Laws 1986, HB 2021, c. 103, § 80, eff. November 1, 1986; Renumbered from 43A O.S. § 54.9 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1987, SB 323, c. 141, § 2, eff. November 1, 1987; Amended by Laws 1988, HB 2001, c. 260, § 12, eff. November 1, 1988; Amended by Laws 1990, SB 866, c. 51, § 99, emerg. eff. April 9, 1990; Renumbered from 43A O.S. § 5-405 by Laws 1997, HB 2024, c. 387, § 12, eff. November 1, 1997 (superseded document available); Amended by Laws 2000, SB 1601, c. 421, § 9, eff. November 1, 2000 (superseded document available).