Policy Text
Policy
416Fremont Police Department
Mental Illness Commitments
416.1 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).
416.2 POLICY
It is the policy of the Fremont Police Department to protect the public and individuals through legal
and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment)
process.
416.3 AUTHORITY
An officer having probable cause may take, or cause to be taken, a person into custody for
placement in an approved mental health facility for up to 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).
Officers are not required to personally observe a person's behavior at a particular moment in time
to conclude they are unable to care for themselves or that they present a danger to the public
or themselves.
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
When determining whether to effect a mental illness detention, officers should weigh the need to
make the detention against the likelihood and severity of force to be used on the subject. The need
to make a detention should consider the threat to the public, the subject, and law enforcement
personnel. Any use of force to effect a mental illness detention shall comply with the Department's
De-Escalation and Use of Force Policy.
416.3.1 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:
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(a)Assist that person in obtaining transport to an appropriate facility that is able to provide
assistance.
(b)Call an ambulance for that person if they request one.
(c)Document the circumstances surrounding the individual's desire to pursue voluntary
evaluation and/or admission in a police report.
If at any point the person changes their mind regarding voluntary evaluation, officers should
proceed with the 5150 commitment, if appropriate.
416.4 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:
(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,
including, but not limited to, Alameda County Behavioral Health.
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.
416.4.1 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).
416.4.2 SUPERVISOR RESPONSIBILITIES
Upon being notified of a call for service involving a mental health crisis and a weapon or active
violence the supervisor shall, when practicable, immediately respond to the scene. If a supervisor
is not available to respond to the scene, the supervisor should verbally acknowledge the call over
the radio.
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416.4.3 COMMUNICATIONS PERSONNEL RESPONSIBILITIES
Upon receiving a call for service involving a person experiencing a mental health crisis, in
combination with a weapon or active violence, communications personnel shall dispatch a
supervisor to the call. If no supervisor is available, the dispatcher will ensure a supervisor verbally
acknowledges the call for service.
416.4.