Oviedo Police Department GO 4-13.2 Mental Health & Substance Abuse PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 10-07-2022 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-13.2 SUBJECT: Mental Health and Substance Abuse REFERENCE: CFA Chapter 2; FSS Chapter 393; FSS Chapter 394; FSS Chapter 397; and FSS 790.065 AMENDS: GO 4-13.1 RESCINDS: None I. II. I...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 10-07-2022 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-13.2 SUBJECT: Mental Health and Substance Abuse REFERENCE: CFA Chapter 2; FSS Chapter 393; FSS Chapter 394; FSS Chapter 397; and FSS 790.065 AMENDS: GO 4-13.1 RESCINDS: None I. II. III. IV. V. PURPOSE POLICY DEFINITIONS BAKER ACT PROCEDURES MARCHMAN ACT PROCEDURES I. PURPOSE The purpose of this order is to provide guidelines and procedures for handling situations involving persons believed to be suffering from mental illness or substance abuse, pursuant to the criteria of Florida’s Baker Act or Florida’s Marchman Act. II. POLICY It is the policy of the Oviedo Police Department that individuals meeting the criteria for involuntary examination as described in FSS 394 be taken into custody and transported to a receiving facility. Every reasonable attempt shall be made to ensure that the individual’s dignity and human rights are not violated. The Hal S. Marchman Alcohol and Other Drug Services Act, FSS 397 recognizes intoxication, alcoholism, and drug dependency as an illness. The policy of the Oviedo Police Department shall be to transport intoxicated persons to their residence or a receiving facility unless the individual is charged with a crime. Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse III. IV. Page 2 of 10 DEFINITIONS A. Designated Receiving Facility: A facility approved by the department which may be a public or private hospital, crisis stabilization unit, or addictions receiving facility; which provides, at a minimum, emergency screening, evaluation, and short-term stabilization for mental health or substance abuse disorders; and which may have an agreement with a corresponding facility for transportation and services. B. Mental Illness: An impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person’s ability to meet the ordinary demands of living. For the purposes of this part, the term does not include a developmental disability as defined in FSS Chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse. C. Involuntary Examination: An examination performed under s. 394.463, s. 397.6772, s. 397.679, s. 397.6798, or s. 397.6811 to determine whether a person qualifies for involuntary services. D. Voluntary Examination: A person cannot be voluntarily admitted unless he/she is competent to provide express and informed consent. A minor may only be admitted on a voluntary basis upon application by his/her parent or guardian and a hearing to verify the voluntary nature of the consent. BAKER ACT PROCEDURES A. Voluntary Examination: A person may be transported to a receiving facility for a voluntary examination if they request assistance to do so. If such assistance is provided, the responding officer shall: 1. Complete the “Transportation to Receiving Facility” portion of the department Baker Act form noting that it was a voluntary transport at the transported subject’s request; and 2. Complete an IT Report in Café noting in the narrative that it was a “voluntary” transport at the transported subject’s request. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse B. Page 3 of 10 Involuntary Examination: The criteria for involuntary examinations are outlined in FSS 394.463 and is as follows: A person may be transported to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness: 1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or 2. The person is unable to determine for himself or herself whether examination is necessary; and 3. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or 4. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior. C. A law enforcement officer may be directed by a court order to take a person into custody and deliver him/her to the specified facility. D. On-Scene 1. When a department member observes conduct which meets the above criteria, the member shall take the individual into protective custody under the Baker Act. If the member is unable to determine if the individual meets the criteria, the immediate supervisor shall be requested to respond to the scene. 2. Officers may obtain sworn statements from witnesses who have observed conduct which may be indicative of an individual’s mental health. Officers must however see some indication from the individual that corroborates the statements of witnesses prior to initiating the Baker Act. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse E. F. Page 4 of 10 3. When officers on scene concur with witness observations and reasonably believe that criteria for emergency admissions are present, the assigned officer shall transport the individual to a designated receiving facility. 4. The assigned officer is required to complete all required paperwork upon delivering the individual to the receiving facility. The officer shall also complete an IT report within Café detailing the behavior exhibited requiring the Baker Act. Transporting Subjects Suspected of Suffering from Mental Illness 1. Any individual to be transported is to be searched prior to being placed in any department vehicle or with Fire Department Rescue Personnel. 2. Officers shall evaluate the condition of the individual before determining the best method of transportation. Cooperative subjects not in medical distress may be transported in patrol vehicles. Individuals who are combative; who have severe physical disabilities; or appear to be in medical distress are to be transported by Fire Department Rescue Personnel. 3. Officers are not to leave the individual unattended until relieved by hospital personnel or hospital security. Baker Act and Firearm Safety 1. An officer may use reasonable force to gain entry to the premises and take custody of an individual who is the subject of a court-issued ex parte Baker Act order. 2. An officer who is taking an individual into custody for an involuntary examination under the Baker Act, is authorized to seize and hold firearms or ammunition the individual possesses if the individual poses a potential danger to themselves or others and has made a credible threat of violence against another individual. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse G. Page 5 of 10 3. The Oviedo Police Department may hold any seized or voluntarily surrendered firearms or ammunition for twenty-four (24) hours after the individual can document he or she is no longer subject to involuntary examination, and has been released or discharged from inpatient or outpatient treatment unless a risk protection order was entered and directs a law enforcement agency to hold the items longer, or there is another legal basis that disqualifies the person from possessing firearms or ammunition. 4. The process for returning seized or voluntarily surrendered firearms or ammunition may not take longer than seven (7) days. The Evidence Specialist shall be responsible for the return of these items. 5. As per FSS 790.065, an individual who has been adjudicated mentally defective or who has been committed to a mental institution, voluntarily or involuntarily through Baker Act or Marchman Act, may not own a firearm or possess a firearm until relief from the firearm possession and firearm ownership disability is obtained. Criminal Conduct 1. Felony Conduct a. When an individual has committed a non-violent felony and, in the opinion of the arresting officer, the arrestee meets Baker Act criteria, the arrestee shall be taken to a designated receiving facility for evaluation and/or admittance. Once the arrestee is admitted to the designated receiving facility, the officer shall contact the shift supervisor for release of the arrestee. The officer shall request a capias be issued in these cases. b. When the arrestee is not admitted to the designated receiving facility, they shall be taken to the Seminole County Jail for processing or in the case of juveniles, the Juvenile Assessment Center. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse c. 2. H. Page 6 of 10 When an officer has arrested an individual, who appears to meet the Baker Act guidelines for a felony or any misdemeanor involving a crime of violence against another person, the officer shall transport the arrestee to the Seminole County Jail for arrest processing or in the case of juveniles, the Juvenile Assessment Center. The arrestee will be interviewed by mental health personnel from the Seminole County Jail who will arrange for the mental health treatment of the arrestee. Misdemeanor Conduct a. In the event an individual commits a misdemeanor and meets the criteria for a Baker Act, the officer shall transport the arrestee to a designated receiving facility. b. When the arrestee is admitted under the Baker Act, the officer shall issue a Notice to Appear or request a Capias be issued, or complete the paperwork for an arrest warrant. Juveniles 1. Officers coming into contact with a juvenile who otherwise meets the criteria for a Baker Act initiated by the officer, must make a good faith attempt to contact the parent or guardian of the minor and if the parent or guardian cannot be reached, the officer shall make a good faith attempt to contact the nearest adult relative of the juvenile. Contact attempts shall be made prior to the final decision to transport the juvenile to a receiving facility for involuntary examination. If contact is made with a parent or relative and the officer determines that substantial risk remains that the juvenile will cause harm to themselves or others, the juvenile shall be taken to the designated receiving facility for involuntary assessment. Attempts at contact and actual contact with the parent shall be documented in the IT Report. 2. Additionally, any officer working in a public school in the capacity of a school resource officer considering a Baker Act of any elementaryaged student (K-5th) shall first contact the SRO Supervisor for their input prior to taking said action. 3. Juveniles not admitted to a receiving facility for involuntary assessment shall be turned over to the custody of a parent or guardian or adult relative. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse 4. Page 7 of 10 Voluntary Evaluation for Juveniles: a. b. A juvenile who is under evaluation for involuntary examination under FSS 394.463 may be turned over to their parent or guardian if, after conscientious explanation and disclosure of the purpose of the examination, the parent or guardian: 1. Does not want the Oviedo Police Department to take the juvenile to a mental health receiving facility; and 2. Agrees to immediately take the juvenile for a voluntary examination by a Licensed Mental Health Professional; and 3. Signs the Mental Health Voluntary Evaluation form (GO 4-13 Attachment) agreeing to take full responsibility for the juvenile. 4. The incident is to be documented with the officer’s body-worn camera and an IT report completed clearly articulating the incident and reason(s) for releasing the juvenile to the parent or guardian’s custody. Officers should consider the individual circumstances of each situation when deciding whether to turn the juvenile over to their parent or guardian versus taking the juvenile into custody for an involuntary examination. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse V. Page 8 of 10 MARCHMAN ACT PROCEDURES A. B. C. As stated in FSS 397.675 A subject meets the criteria for involuntary admission if there is good faith reason to believe he/she is substance abuse impaired or has a co-occurring mental health disorder and because of such impairment or disorder: 1. Has lost the power of self-control with respect to the substance abuse; and 2. Needs substance abuse services and, by reason of substance abuse impairment, the subject’s judgement has been so impaired that the subject is incapable of appreciating the need for such services and of making a rational decision. However, mere refusal to receive such services does not constitute evidence of lack of judgement with respect to their need for such services; or 3. Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another. A law enforcement officer may implement protective custody measures as specified in this part when a juvenile or an adult who appears to meet the involuntary admission criteria in FSS 397.675 is: 1. Brought to the attention of law enforcement; and/or 2. In a public place as stated in FSS 397.677. FSS 397.6771 recognizes that a person in circumstances which justify protective custody, as described in s. 397.677, may consent to be assisted by a law enforcement officer to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate. This is referred to as voluntary protective custody or protective custody with consent. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse Page 9 of 10 D. FSS 397.6772 recognizes that if a person, in circumstances which justify protective custody as described in s. 397.677, fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person, initiate protective custody. This is referred to as involuntary protective custody or protective custody without consent. E. Upon contact with an impaired or substance abuse impaired person it must first be determined if they are injured. If it appears the person is injured or is unconscious, the responding officer shall request the response of fire rescue personnel. “Impaired” or “substance abuse impaired” means a condition involving the use of alcoholic beverages or any psychoactive or moodaltering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior. F. If the person does not appear to have any injuries, the person’s sobriety shall be assessed. Certain medical conditions may cause a person to act, even smell, as if they are intoxicated. The officer shall determine if the person is wearing a medical alert identification bracelet or necklace. G. The officer shall determine if a crime has occurred or if the person has an outstanding warrant. H. The officer shall inform the person that they are being taken into protective custody under the Hal Marchman Act due to substance abuse impairment but that doing so does not constitute an arrest. I. The person shall be handcuffed and searched prior to being transported. J. If not already on scene, fire rescue personnel shall be requested for medical clearance or the person shall be transported to the nearest hospital emergency room for medical clearance if necessary. K. Once the person has been medically cleared by fire rescue personnel or the hospital and the officer has obtained a copy of the clearance paperwork, the person may be transported to the correctional facility. L. The officer shall complete an IT report in Café to document the person’s biographical information and a brief synopsis explaining how the subject met the criteria in accordance with FSS 397.675. GO 4-13.2 Mental Health and Substance Abuse Oviedo Police Department GO 4-13.2 Mental Health and Substance Abuse M. Page 10 of 10 Juveniles: If an officer comes into contact with a juvenile who is suffering from substance abuse, the officer shall: 1. Make every attempt to contact the juvenile’s parent or guardian. 2. If contact is made and the juvenile is released to a parent or guardian on scene, the officer shall complete an IT report within café detailing the contact with the juvenile and ultimate resolution of being turned over to the parent or guardian. The officer shall request fire rescue personnel to respond to the scene to evaluate the juvenile if the level of impairment or influence appears significant. 3. 4. If fire rescue personnel determine the juvenile’s level of impairment or influence is severe or life-threatening, the juvenile shall be transported to the nearest hospital emergency room for treatment and admission. The officer is responsible for notifying the juvenile’s parent or guardian of the juvenile’s location and status. 5. If a juvenile is admitted to the hospital or licensed detoxification or treatment facility as a result of substance abuse, the officer shall complete an IT report within Café titled “Hal Marchman Act” and the Florida Department of Children and Families Form MH 4002. A synopsis shall be included explaining how the juvenile met the criteria in accordance with FSS 397.675. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 10-12-2022 __________________ DATE GO 4-13.2 Mental Health and Substance Abuse