Police Department Policy

301405

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: April 6, 2023  Amends – GO 6.2.1 (September 9, 2022) Number: 6.2.1 Distribution: All Personnel Review Month: April Reviewing Authority: CIT/CISM Subject: Mental Health Encounters / Baker Act This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to direct agency members when handling situations involving individuals in need of mental health services, especially in cases where an arrest may not be the best course of action . The purpose is to also provide safe transportation of individuals to mental health facilities for evaluation. 2. Policy It will be the agency policy to provide trai ning for agency personnel to recognize persons suffering from mental illness and access available community health resources . It will also be agency policy to transport individuals to receiving facilities in accordance with the following: A. FS 394 (The Florida Mental Health Act, i.e., The Baker Act) requires each county to designate a law enforcement agency that is responsible fo r transporting mentally ill individuals to a receiving facility for evaluation. The agency shall provide this service in unincorporated areas within Orange County. B. Individuals shall be transported to the nearest designated receiving facility. Several designated receiving facilities exist in Orange County. Communications Supervisors shall maintain a list of those designated facilities. Such facilities must accept B aker Act clients transported by law enforcement personnel. 3. Definitions A. 40-Hour Crisis Intervention Training – an education program that provide s law enforcement based crisis intervention training for helping those individuals with mental illness and/or ad dictions . B. Crisis Intervention Trained Deputy (CIT Deputy) – a deputy who has successfully completed the 40 -Hour Crisis Intervention training, approved by the Crisis Intervention Team Commander, or designee, and is not classified to receive specialty pay c ompensation. C. Crisis Intervention Trained Member (CIT Member) – an active CIT Team Member that receives specialty pay compensation in accordance with prescribed standards for active CIT participation . 6.2.1 , Page 2 of 5 D. Crisis Intervention Team – a team of specially trained deputies who are designated to handle situations involving the mentally ill in crisis. CIT Mem bers only handle those incidents that do not rise to a level of a high -risk incident. ( See GO 6.2.8 ) E. CITD – an abbreviation used by all deputies when clearing a mental health call for service to document their involvement or assistance was requested. This designation assigned to calls for service will allow the Crisis Intervention Team Commander to complete a comprehensive annual report. F. Mental Illness – a range of conditions, each with its own specific characteristics, including: 1. Schizophrenia 2. Bipolar disorder (manic depression) 3. Major depression 4. Schizo -affective disorder 5. Panic disorder 6. Obsessive -compulsive personality disorder 7. Borderline personality disorder, or 8. Other mental illnesses as defined in the DSM -V (Diagnostic and Statistical Manual of Mental Disorders as published by the Ame rican Psychiatric Association, most current edition) that can cause disturbances in thinking, feeling and relating with others or the environment. 4. Procedures A. Whenever possible, in accordance with GO 6.4.0 , a CIT Deputy shall be dispatched to calls involving a confirmed or suspected mentally ill person in crisis. B. Deputies may transport individuals to mental health receiving facilities under the following provisions of the Baker Act : 1. When the court issues an "Ex Parte Order for Involuntary Examination" ( CF- MH 3002 ), deputies shall deliver the person named in the court order to the nearest facility for involuntary examination , unless the court order specifies a particular facility regardless of location . 2. In compliance with FS 394.463 , deputies shall take custody of and transport individuals to receiving facilities for involuntary examination when there is reason to believe the individual is mentally ill and because of that mental illness, having refused voluntary examination, is unable to determine for themselves whether an examination is necessary; and a. Without care or treatment, they refuse to care for themselves or are likely to suffer from neglect; and that such neglect or refusal poses a real and present threat of substantial harm to their well -being; or b. There is a substantial likelihood that without care or treatment, they will cause serious bodily harm to themselves or others in the near future, as evidenced by recent behavior. 3. Deputies initiating or executing the Baker Act shall complete a Report of Law Enforcement Officer Initiation Involuntary Exam ination CF-MH3052a 6.2.1 , Page 3 of 5 form and the Transportation to Receiving Facility CF-MH3100 form. Both forms are necessary for a valid commitment, mandating assessment of the person named. The report must include all emergency contact in formation for the person that is readily accessible, including information available through electronic databases maintained by the Department of Law Enforcement or by the Department of Highway Safety and Motor Vehicles. 4. The patient’s emergency contact i nformation is confidential and exempt and can only be released in accordance with this General Order and FS 119.0712(2)(d) and 394

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