SECTION 277:1-1-2. Definitions

  The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.

"Conditional Release" is a court approved release for those adjudicated not guilty by reason of insanity who are not believed to be presently dangerous to the public peace or safety, from the physical custody of the Oklahoma Department of Mental Health and Substance Abuse Services.

"Forensic Review Board" or "Review Board" is the board appointed by the Governor to review the cases of persons ordered to the custody of the Oklahoma Department of Mental Health and Substance Abuse Services through a "not guilty by reason of insanity" verdict.

"ODMHSAS" means the Oklahoma Department of Mental Health and Substance Abuse Services.

"OFC" means the Oklahoma Forensic Center

"Therapeutic visits" mean any supervised time spent off the campus of the Oklahoma Forensic Center or any other ODMHSAS operated facility to which the individual may be committed. The degree and manner of supervision will be determined by the Review Board. Therapeutic visits include the following types of off-campus time:

(A)   Day passes mean off-ground passes for a period of time not to exceed 8 hours between the hours of 8 a.m. and 8 p.m. Before being considered for day passes the consumer must have been successful in maintaining compliance with his/her treatment plan at the Oklahoma Forensic Center for a minimum of six (6) months and shall not have exhibited any episodes of aggressive/violent behavior during this time.

(B)   Routine therapeutic visits mean off-ground visits to a specified residential care facility or to a family member who is approved by the Review Board for a designated period of time.

(i)   Consumers who are classified by OFC as a low to moderate risk and whose offenses are of a non-violent nature, as defined by 57 O.S. §571(2), may be considered for therapeutic visits to a community residential care facility or to a family member who is approved by the Review Board, with supervision by the appropriate community mental health center and family member.

(ii)   Consumers who are classified by OFC as a high risk and whose offenses are of a violent nature toward others, as defined by 57 O.S. §571(2), may be considered for therapeutic visits to a community residential care facility, but will be supervised by both the community mental health center and a forensic case manager.

(iii)   Before being eligible for consideration for routine therapeutic visits the consumer must have been successful in managing three months of weekly day passes and must have had no episodes of aggressive behavior in the twelve (12) months preceding the recommended passes, and must not be considered an elopement risk.

(C)   Emergency visits mean an unforeseen situation such as critical illness or death that arises in the consumer's family that may require them to leave the grounds of OFC under approved supervision.

[Source: Added at 27 Ok Reg 695, eff 2-4-10 through 7-14-10 (emergency); Added at 27 Ok Reg 2496, eff 7-25-10]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the text of the Section is no longer effective. Therefore, on 7-15-10 (after the 7-14-10 expiration of the emergency action), the text of section 277:1-1-2 was no longer effective, and remained as such until added again by permanent action on 7-25-10.