Police Department Policy

273702

Santa Monica Police Department

Policy Text
Copyright Lexipol, LLC 2025/12/10, All Rights Reserved. Published with permission by Santa Monica Police Department Mental Illness Commitments - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual Mental 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 Santa Monica Police Department to protect the public and individuals through legal and appropriate use of the 72 -hour treatment and evaluation commitment (5 150 commitment) process. 409.3 AUTHORITY A sworn 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). • Gravely disabled is defined as a person, as a result of a mental health diso rder, a severe substance use disorder, or co -occu rring mental health disorder and a severe substance use disorder, is unable to provide for their basic needs for food, clothing, shelter, personal safety, or necessary medical care. 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 a sworn 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 connect them to appropriate resources and services, or to conduct the evaluation and admit the person pursuan t to a 5150 commitment (per Health & Safety Code § 5150.05): (b) If a person withdraws their consent for a voluntary evaluation at any time, either through words or actions, officers are discouraged from using force to enforce the hold. Instead, they should consider a plan to safely disengage and leave the situation when appropriate unless they are a danger to others. Whenever practical, officers should Policy 409 Santa Monica Police Department Santa Monica Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2025/12/10, All Rights Reserved. Published with permission by Santa Monica Police Department Mental Illness Commitments - 2 notify their supervisor before disengaging and provide the individual with appropriate resources. 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: (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, n othing 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. In an incident involving a subject who is a danger to self, with no criminal element, officers should only proceed if a 5150 commitment can be accomplished without the use of force. In the event that officers determine a use of force may be necessary to effect a 5150 hold, officers should consider tactfully disengaging and instead offer resources to assist the person in crisis whenever feasible. Nothing in this policy shall be construed to limit an officer's authority to use reasonable force where unique circumstances are identified. Refer to Use of Force Policy for guidance. 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 safe guard the individual’s personal property in his/her possession or on the premises occupied by the

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