Chapter II: Contact with Law Enforcement

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Outline
Introduction
Policy Statements:
2
3
4
5
6
Conclusion
Additional Resources

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Policy Statement 4: On-Scene Response

Establish written protocols that enable officers to implement an appropriate response based on the nature of the incident, the behavior of the person with mental illness, and available resources.

Overview
Recommendations:
a
b
c
d
e
f
g
h
i
j

Recommendation i: Disengage or transport the person to the appropriate facility with the least restrictive restraint possible.

Depending on the nature of the response chosen, officers will either leave the person at the scene, transport the person to a mental health facility, transport the person to their home or to the home of a friend or family member, or transport the person to a detention facility.

If police are requested to transport the person to the mental health facility for a voluntary admission, this is service, not a custodial transport. In general, police can take a person with mental illness into custody, only (1) when the individual has committed a crime; (2) the individual is at significant risk of causing harm to self or others and meets the state's criteria for involuntary emergency evaluation; or (3) in response to a court order or directive of a mental health or medical practitioner who has legal authority to commit a person to a mental health facility.

Before agencies revise policies on custodial and noncustodial transfer of people with mental illness, pertinent laws and liability issues should be explored. However, it is possible to decrease stigma and enhance the dignity of people with mental illness during the transport process.

Example: Washington, D.C., Police Department

A Washington, D.C., policy states that if the responding officer is asked to transport someone for voluntary admission and the officer deems the person to be nonviolent, the officer can provide transport to the facility without handcuffs.

If a person's behavior poses an imminent risk of serious harm to self or others, officers may need to take reasonable steps to physically restrain the person. If time permits, guidance from a mental health professional should be sought about the best restraint methods for the person and situation. Unless there is immediate danger to the individual, others, or officers, responding officers should move slowly and allow the person time to calm down in an effort to gain voluntary cooperation before resorting to physical restraints.

In some communities, police are able to call mental health staff to handle transport. Often known as mobile crisis teams, these mental health units are able to assume responsibility for the individual in question on the scene, allowing officers to return to patrol.

Example: Montgomery County (MD) Police Department

In Montgomery County, Maryland, the Police Department's Crisis Intervention Team works closely with the county mental health agency's Crisis Response Team. In many instances, the Crisis Response Team is called to the scene by the CIT, allowing police officers to transfer responsibility for an individual without accompanying that person to a mental health intake center or hospital emergency room.