(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 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.
Structure Oklahoma Statutes
Title 72. Soldiers and Sailors
§72-2. "Ex-service person", "veteran", and "war veteran" defined.
§72-5. Veterans to whom provisions available.
§72-6. Nontransferability of privileges - Penalty.
§72-6-1. Impersonating member or veteran of the United States Armed Forces - Punishment.
§72-6-2. Wearing uniform of the United States Armed Forces or Public Health Service - Punishment.
§72-7. State-operated parks and museum admission.
§72-22. Duties of county clerk - Violation a misdemeanor.
§72-31a. State Veterans' Cemetery System.
§72-34. Interment or cremation assistance for indigent veterans.
§72-35. K-I-A Reinterment Fund.
§72-36. Short title - Dignity in Burial Act.
§72-48. Leave of absence during active or inactive duty or service - Public employees.
§72-48.1. Leave of absence during active service - Private sector employees.
§72-48.2. Extension of professional license during active duty.
§72-49.1. Removal of disability of minority.
§72-50.1. Powers of military officers.
§72-50.2. Rank of officer - Spouse's acknowledgment - Authentication - Acknowledgment before notary.
§72-50.21. Qualifications of recipients.
§72-50.22. Procedure for applications and approval.
§72-50.23. Design - Payment of cost.
§72-50.24. Korean Conflict Medallion Program.
§72-50.25. Oklahoma Legislative Medal of Honor.
§72-50.26. Oklahoma Gold Star Medal.
§72-63.1. Commission and Department created - Cabinet-level status - Composition - Administration.
§72-63.2. Members of Commission - Filing copy of audits by veterans' organizations.
§72-63.3. Powers and duties of Commission - Travel expenses.
§72-63.5. Collections from patients and members for care and maintenance.
§72-63.5a. Authorization through the Centers for Medicare and Medicaid and Medicare Services.
§72-63.6. Workers' compensation for certain employees of State War Veterans Home Facilities.
§72-63.7. Requirements for administrative personnel.
§72-63.7A. Classification of certain positions to Merit System of Personnel Administration.
§72-63.8. Administration of various departments, agencies and funds.
§72-63.9. Muskogee and Tulsa Claims Offices - Managers and assistant managers.
§72-63.10. Employee training programs - Funding - Salary, tuition, and subsistence contracts.
§72-63.10a. Department of Veterans Affairs on-the-job employee safety program.
§72-63.11. State flag for certain deceased national guard members and peace officers.
§72-63.11a. State flag for death of soldiers - Letter of condolence.
§72-63.12. Lease and/or loan agreement for hospital or health care facilities improvements.
§72-63.13. Power to be exercised in conjunction with local public trust.
§72-63.14. Payment of certain bonds.
§72-63.15. Cooperative agreements with local public trusts.
§72-63.17. Limits on expenditure for capital projects.
§72-63.18A. Department of Veterans Affairs - Unclassified positions and personnel.
§72-63.20. Deposit of proceeds.
§72-63.21. Certified volunteers - Provision of meals for services rendered.
§72-63.22. Preference for veteran vendors.
§72-64. Certain positions to remain exempt or unclassified.
§72-65.1. Department directed to proceed on certain projects.
§72-67.11. W.V.C. Revolving Fund.
§72-67.13. Expenditures and loans from fund.
§72-67.13a. War veterans defined - Retirement benefits.
§72-67.13b. Benefits for persons serving after January 31, 1955.
§72-68.2. Contracts with educational institutions for establishment of training courses.
§72-191. Short title - Veterans Volunteer Guardianship Act.
§72-192. Guardianship created under prior law.
§72-193. Appointment as guardian – Procedure - Duties.
§72-194. Requirements for subject and guardian.
§72-196. Guardian as fiduciary.
§72-197. Treatment in institution - Commitment - Transfer.
§72-202. Management and control.
§72-221. Establishment - Site - Purpose - Administration and control.
§72-221.1. State Veterans Home at Norman - Operation and administration - Legal description.
§72-221.3. Competitive bidding for provision of supplies and services under Medicare Part B.
§72-221.4. Purchase of products available through General Services Administration contracts.
§72-221.5. Individual purchasing entity.
§72-223. Acceptance of Act of Congress – Participation in per diem grant program.
§72-223.1. Employer-based nurse aide training programs.
§72-226. State Veterans Home at Clinton - Establishment – Employees – Legal description.
§72-229. State Veterans Home at Talihina - Establishment - Employees.
§72-229.1. Authority to plan, develop and construct Oklahoma veterans facilities.
§72-241. State Accrediting Agency - Members - Contracts with federal agencies.
§72-242. Officers - Rules and regulations - Qualifications and duties of staff.
§72-302. Tuition-free career and technology education - Exception.
§72-303. Eligibility of veterans.
§72-305. Eligibility of descendants of servicemen.
§72-307. Benefits prohibited in certain instances.
§72-352. Compilation, evaluation and distribution of information.
§72-353. Identity of veteran not to be disclosed - Exception - Statistical information.
§72-354. Privileges and immunities.
§72-355. Attorney General to represent veterans in certain class actions.
§72-357. Referral and screening functions to be discontinued under certain conditions.
§72-362. Compilation, evaluation and distribution of information.
§72-363. Privileges and immunities.
§72-404. Reporting names of employed special disabled veterans.
§72-410. Oklahoma Veteran Housing Program Act.
§72-411. Oklahoma Veteran Housing Program Revolving Fund.
§72-412. Special housing grant program for disabled veterans.
§72-421. Oklahoma Veterans Registry.
§72-422. Oklahoma Women Veterans Program.
§72-440. Acceptance of gifts, donations, bequests, grants or contracts.