Mental health.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 74.03 MENTAL HEALTH Revised: August 24, 2023 I. PURPOSE: The purpose of this standard operating procedure is to provide employees with direction and procedures concerning persons in need of mental health services. II. DEFINITIONS: Ex...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 74.03 MENTAL HEALTH Revised: August 24, 2023 I. PURPOSE: The purpose of this standard operating procedure is to provide employees with direction and procedures concerning persons in need of mental health services. II. DEFINITIONS: Ex-Parte Order: Matters that are temporary orders (restraining order or risk protection order) pending a formal hearing or an emergency request for continuance. Risk Protection Order (RPO): A temporary ex-parte order or a final order issued by the court as a result of a petition filed by a law enforcement officer or a law enforcement agency when a person poses a significant danger of causing personal injury to himself/herself or others by having a firearm and ammunition in his/her custody or control or by purchasing, possessing, or receiving a firearm or ammunition. III. PROCEDURE: A. INVOLUNTARY EXAMINATION (BAKER ACT): 1. A person may be taken to a receiving facility for an involuntary examination if there is reason to believe that the person has a mental illness and because of his/her mental illness: a. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or b. The person is unable to determine for himself/herself whether examination is necessary; and c. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself/herself; such neglect or refusal poses a real and present threat of substantial harm to his/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 Effective: January 1, 1989 Revised: August 24, 2023 Mental Health SOP No. 74.03 Page 1 of 7 d. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself/herself or others in the near future, as evidenced by recent behavior. 2. Law enforcement officers (LEOs) encountering persons who meet the criteria for an involuntary examination (Baker Act) have the role of delivering the individual to the nearest appropriate receiving facility. Any LEO transporting a person pursuant to an involuntary examination/Baker Act shall restrain the person in the least restrictive manner available and appropriate under the circumstances. FSS 394.463 2.02 3. In the event an LEO is presented with an ex-parte order for the involuntary examination of a person pursuant to the Baker Act, the LEO may use physical force as is necessary to gain entry to the premises and any dwelling buildings or other structure located on the premises and take custody of the person who is the subject of the ex-parte order. When practical, an LEO with crisis intervention training (CIT) shall be assigned to serve and execute the ex-parte order. 2.02 4. When taking custody of a person for an involuntary examination the LEO may seize a firearm or any ammunition the person possesses at the time the person is taken into custody if: a. The person poses a potential danger to themselves and others; AND b. The person has made a credible threat of violence against another person. 5. If the LEO takes custody of the person at the person’s residence and the above criteria has been met, the LEO may seek the voluntary surrender of any additional firearms and ammunition kept in the residence. The LEO may also seek the voluntary transfer of firearms and ammunition to another family member or responsible party on the scene, first ensuring they are legally able to possess weapons and document it in the Incident Report. 6. All firearms and ammunition seized shall be submitted into evidence. The storage and release of the items shall be in accordance with Departmental Standards Directive 84.100 Property and Evidence Management and Standard Operating Procedure 84.01 Disposition of Firearms and Other Weapons. 24.06 7. The Threat Assessment and Risk Protection Unit (TARP) may also seek a Risk Protection Order when additional firearms or ammunition are not voluntarily surrendered or transferred (See section below Risk Protection Order). 8. Subsequent to a minor crime arrest, if an arrestee meets the statutory guidelines for an involuntary examination, he/she shall be released on his/her own recognizance (ROR) and transported to the nearest receiving facility for examination. 2.02 9. In situations where an arrest is pending for a minor crime and the subject meets the statutory guidelines for involuntary examination, he/she shall be transported to the nearest receiving facility for examination and criminal charges will be filed. 2.02 Effective: January 1, 1989 Revised: August 24, 2023 Mental Health SOP No. 74.03 Page 2 of 7 10. If a juvenile is taken into custody for an involuntary examination, the LEO shall make a reasonable effort to notify the parents or legal custodians of the child. 11. When possible, a courtesy telephone call will be made to the receiving facility to alert the staff that the LEO is on the way. The receiving facilities agree that such a courtesy call will not be used to instruct an LEO to take the individual to any other facility. 2.02 12. The LEO will complete the involuntary examination form which includes his/her mandatory written report detailing the circumstances under which the person was taken into custody per Chapter 394 and will give the original involuntary examination form to the responsible party at the receiving facility. A copy of the involuntary examination form will be submitted to records to be scanned into the case file. 2.02 13. When an individual is taken into custody for an involuntary examination, he/she will be transported directly to the appropriate receiving facility. 2.02 14. The LEO must provide emergency contact information to “a receiving facility, hospital, or licensed detoxification or addictions receiving facility pursuant to s. 394.463(2)(a) or s. 397.6772(1)(a) for the sole purpose of informing a patient’s emergency contact of the patient’s whereabouts.” Whether this emergency contact information is obtained through an investigation or through an electronic database such as the one controlled and maintained through the Department of Highway Safety and Motor Vehicles, it must be documented in the LEO’s written report. 15. Department employees can transport individuals from local health care providers, such as a doctor’s office or an assisted living facility, if the health care provider has completed the involuntary examination form. 2.02 16. If an individual who has been taken into custody for an involuntary examination has any type of injuries, the LEO shall take him/her to the hospital and the hospital personnel will find the most appropriate facility. LEOs shall standby for violent individuals at the hospital until he/she can be monitored by hospital personnel. 2.02 17. If an individual who has been taken into custody for an involuntary examination is suspected of being under the influence of narcotics, the receiving facility may request he/she be transported to a hospital for a drug screen before acceptance. If this applies and he/she needs medical treatment, having the drug screen done at the time of medical treatment will save time. 2.02 18. The Department of Health may designate any community facility as a receiving facility to provide examination and emergency, short-term treatment. 2.02 19. When an LEO has taken an individual into custody for an involuntary examination and the individual commits a felony, the LEO shall process the individual in the same manner as any other criminal suspect. The LEO shall complete both a Probable Cause Affidavit and the involuntary examination form. 20. When an LEO has arrested an individual for a felony and, while in custody, the detainee makes statements that demonstrate the need for an involuntary examination, Effective: January 1, 1989 Revised: August 24, 2023 Mental Health SOP No. 74.03 Page 3 of 7 the LEO shall continue to process the detainee. The LEO will note on the Rough Arrest Form the subject’s need for an involuntary examination and the Palm Beach County Jail will arrange for the evaluation and treatment of the subject. B. MARCHMAN ACT: 1. A person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a co-occurring mental health disorder and, because of such impairment or disorder: a. Has lost the power of self-control with respect to substance abuse; and b. Needs substance abuse services and, by reason of substance abuse impairment, his/her judgment has been so impaired that he/she is incapable of appreciating his/her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his/her need for such services; or c. Without care or treatment, is likely to suffer from neglect or refuse to care for himself/herself; that such neglect or refusal poses a real and present threat of substantial harm to his/her well-being; and that 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 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. 2. Persons brought to the attention of an LEO or who are otherwise observed in a public place and who meet the criteria for involuntary admission pursuant to the Marchman Act (Chapter 397, FSS) may be transported to a designated receiving facility. In the event the person needs medical attention, he/she should first be transported to a hospital emergency room for treatment. An LEO transporting a person pursuant to the Marchman Act shall restrain the person in the least restrictive manner available and appropriate under the circumstances. 3. In accordance with FSS 397.677, if a person in circumstances which justify protective custody refuses to consent to assistance and an LEO has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the LEO may, after giving due consideration to the expressed wishes of the person, take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person's will, but without using unreasonable force. 4. The LEO shall use the standard form to document the circumstances under which the person was taken into custody. The form shall be included in the patient's clinical record. 5. The LEO must notify the nearest relative of a minor taken into protective custody and must notify the nearest relative or other known emergency contact of an adult taken into protective custody, unless the adult requests that there be no notifications. The LEO must document such notifications and any attempts at notifications in the written report. Effective: January 1, 1989 Revised: August 24, 2023 Mental Health SOP No. 74.03 Page 4 of 7 A person in circumstances which justify protective custody may consent to be assisted by an LEO, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the LEO determines is most appropriate. 6. LEOs will complete an incident report and include how the individual was brought to the attention of the police, how the persons had lost the ability to make decisions regarding his/her treatment and how he/she posed a danger to themselves or others. C. RISK PROTECTION ORDERS (RPO): 1. GENERAL: a. A petition for a Risk Protection Order (RPO) must: i. Allege that the respondent poses a significant danger of causing personal injury to himself/herself or others by having a firearm or any ammunition in his/her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent; ii. Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control; and iii. Identify whether there is a known existing protection order governing the respondent under FSS 741.30, 784.046, 784.0485, or under any other applicable statute. b. The petitioning LEO must make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an RPO or has already done so and must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice. 24.06 c. The LEO serving an RPO under this section, including a temporary exparte RPO, shall request that the respondent immediately surrender all firearms and ammunition owned by the respondent in his/her custody, control, or possession and any license to carry a concealed weapon or firearm issued under FSS 790.06, held by the respondent. This shall be documented by completing a Proof of Service form.24.06 d. If the firearms are not surrendered as required by the RPO, the petitioning LEO may seek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned by the respondent, if the Effective: January 1, 1989 Revised: August 24, 2023 Mental Health SOP No. 74.03 Page 5 of 7 LEO has probable cause to believe that there are firearms or ammunition owned by the respondent in the respondent's custody, control, or possession which have not been surrendered. 24.06 e. All firearms, ammunition, and any concealed weapons permits seized shall be submitted into evidence. The storage and release of the items shall be in accordance with Departmental Standards Directive 84.100 Property and Evidence Management and Standard Operating Procedure 84.01 Disposition of Firearms and Other Weapons. 24.06 2. RISK PROTECTION ORDER PROCEDURE: a. In the event that an LEO reasonably believes that a subject will carry out a significant dangerous act of personal injury to themselves or others utilizing a firearm and ammunition in his/her possession or by purchasing a firearm and ammunition, the LEO will document the appropriate information in an Incident Report and ensure that sworn witness statements (affidavits) are completed by witnesses with first-hand knowledge of the subjects’ propensity for significant violence. b. The Threat Assessment and Risk Protection (TARP) Unit supervisor will review all evidence/information collected by the LEO(s) and if the supervisor approves of the application for a Risk Protection Order (RPO), he/she shall assign the case to a TARP Unit detective for follow-up. c. Detectives assigned to follow-up RPO requests will conduct any additional appropriate investigation and determine if a petition for an RPO will be submitted. d. If an RPO is to be requested, a separate case number will be documented as such, the assigned detective will complete the application and affidavit required by administrative order of the 15th Judicial Circuit for Palm Beach County. The petition is reviewed by an attorney from the City Attorney’s Office and then submitted by the assigned detective in accordance with the procedure established by the circuit court. e. If a court issues a temporary RPO, it will be sent to the assigned detective to coordinate for civil service. A law enforcement agency effecting service, shall use service and verification procedure consistent with those of the sheriff, pursuant to section FSS 790.401. Once served, the subject of the RPO, is required to appear in court in three days to show compliance with the RPO. A final hearing is held within 14 days. 24.06 f. If a final RPO is granted, service will be conducted in the same manner as the temporary RPO. 24.06 g. LEOs are required to attend the final RPO court hearing at the request of the City Attorney’s Office. Attendance will be in accordance with Departmental Standards Directive 74.900 Subpoena and Court Appearances. Effective: January 1, 1989 Revised: August 24, 2023 Mental Health SOP No. 74.03 Page 6 of 7 h. Assigned detectives will ensure that in the event an RPO is issued by the court, that the order is entered into the FCIC/NCIC system. The order must remain in the system for the period stated on the order and cannot be removed until the order is expired or otherwise vacated. 24.06 3. TRAINING: a. Effective: January 1, 1989 Revised: August 24, 2023 All LEOs shall receive initial training on risk protection orders. 24.06 Mental Health SOP No. 74.03 Page 7 of 7