Mental_Illness_Commitments

Policy 409CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentMental Illness Commitments - 1Mental Illness Commitments 409.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150). 409.2 POLICY It is the policy of the CSU Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment) process. 409.3 AUTHORITY An officer having probable cause may take a person into custody and place the person in an approved mental health facility for 72-hour treatment and evaluation when the officer believes that, as a result of a mental disorder, the person is a danger to him/herself or others or the person is gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50). When determining whether to take a person into custody, officers are not limited to determining the person is an imminent danger and shall consider reasonably available information about the historical course of the person’s mental disorder, which may include evidence presented from any of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05): (a)An individual who is providing or has provided mental health treatment or related support services to the person (b)A family member (c)The person subject to the determination or anyone designated by the person 409.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a 5150 commitment, the officer may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person so desires, the officers should: (a)Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a 5150 commitment. (b)Document the circumstances surrounding the individual's desire to pursue voluntary evaluation and/or admission. If at any point the person changes their mind regarding voluntary evaluation, officers should proceed with the 5150 commitment, if appropriate. 409.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a 5150 commitment should consider, as time and circumstances reasonably permit: CSU Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentMental Illness Commitments - 2(a)Available information that might assist in determining the cause and nature of the person’s action or stated intentions. (b)Community or neighborhood mediation services. (c)Conflict resolution and de-escalation techniques. (d)Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Officers should consider a 5150 commitment over arrest when mental health issues appear to be a mitigating factor for people who are suspected of committing minor crimes or creating other public safety issues. 409.4.1 SECURING OF PROPERTY When a person is taken into custody for evaluation, or within a reasonable time thereafter, and unless a responsible relative, guardian or conservator is in possession of the person's personal property, the officer shall take reasonable precautions to safeguard the individual’s personal property in his/her possession or on the premises occupied by the person (Welfare and Institutions Code § 5150). The officer taking the person into custody shall provide a report to the court that describes the person’s property and its disposition in the format provided in Welfare and Institutions Code § 5211, unless a responsible person took possession of the property, in which case the officer shall only include the name of the responsible person and the location of the property (Welfare and Institutions Code § 5150). 409.5 TRANSPORTATION Transport for any individual for a 5150 commitment shall be conducted in accordance with the Transporting Persons in Custody Policy. Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. 409.6 TRANSFER TO APPROPRIATE FACILITY Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the written application for a 5150 commitment and remain present to provide clarification of the grounds for detention, upon request. Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officer may assist with transferring the individual to facility restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. CSU Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentMental Illness Commitments - 3409.7 DOCUMENTATION The officer shall complete an application for a 72-Hour detention for evaluation and treatment, provide it to the facility staff member assigned to that patient and retain a copy of the application for inclusion