go-24.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Substance Abuse Impaired Persons CHIEF OF POLICE Proudly Policing Since 1841 Signature on file Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 24 10/15/2001 03/05/2025 15 AUTHORITY/RELATED REFERENCES FS Chapter 397, Substance Abuse Services (Marchman Act) FS 775.051, Voluntary Intoxication; Not a Defense FS 784.07, Assault or Battery of … Emergency Medical Care Providers FS 901.215, Search … for Identifying Device Indicating a Medical Disability General Order 6, Arrests and Alternatives to Arrest General Order 42, Impounding and Controlling of Property and Evidence General Order 59, Transporting and Booking Procedures General Order 70, Risk Protection Orders General Order 71, Juvenile Delinquency Citation Program General Order 72, Search and Seizure General Order 92, TEAM Unit Leon County Behavioral Health Transportation Plan Mental Health Services Agreement ACCREDITATION REFERENCES CALEA Chapters 1, 44, 70, 82 CFA Chapter 2 KEY WORD INDEX Assault/Battery of Emergency Healthcare Providers Procedure XI Assessment of Substance Abuse Impaired Persons Procedure I Court Ordered Treatment Procedure III Documentation Requirements Procedure X Legal Guidelines Procedure VI Medical Aid Protocols Procedure VII Medical Disability Assessment Procedure V Voluntary Protective Custody Procedure VIII When a Crime Has Been Committed Procedure II\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT POLICY Officers, in the course of their official duties, who contact a suspected substance abuse impaired person are responsible for upholding their Constitutional rights, respecting their dignity, and adhering to established Department protocols and applicable state statutes regarding the assessment and stabilization of the person. DEFINITIONS Biased Policing: The inappropriate consideration of specified characteristics while enforcing the law or providing police services. Specified characteristics includes, but is not limited to, race, ethnic background, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, political status, or any other legally protected characteristics. Involuntary Protective Custody: The act of a law enforcement officer placing a substance abuse impaired person in custody against the person’s will in order to deliver the person to an authorized medical or detoxification receiving facility. Licensed Mental Health Provider (LMHP): A behavioral health professional who holds a valid state license in disciplines such as: Clinical Social Work (LCSW), Mental Health Counseling (LMHC), or Marriage and Family Therapy (LMFT). These professionals are qualified to assess, diagnose, and treat individuals with mental health conditions, provide crisis intervention, and deliver therapeutic services in clinical and community-based settings. In addition, they are able to initiate involuntary evaluations under Baker Act and Marchman Act. Qualified Professional: As defined in the Florida Mental Health Act, a physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker. Receiving Facility: A public or private facility designated by the State of Florida to receive and hold or refer, as appropriate, involuntary patients under emergency conditions for mental health or substance abuse evaluation, and to provide treatment or transportation to the appropriate service provider. The Central Receiving Facility (CRF) is located at the Apalachee Center for Human Services (ACHS). If the CRF refuses admittance on a Marchman Act, The person may be taken to another facility as outlined in FS 397.6772, to include Leon County Detention Center. Substance Abuse Impaired: Having a substance use disorder or a condition involving the use of alcoholic beverages, illicit or prescription drugs, or any psychoactive or mood-altering substance in such a manner as to induce mental, GENERAL ORDER 24 PAGE 2 of 15 SUBSTANCE ABUSE IMPAIRED PERSONS MARCH 5, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT emotional, or physical problems or cause socially dysfunctional behavior. Voluntary Protective Custody: The act of a law enforcement officer placing a substance abuse impaired person in custody with the person’s consent in order to deliver the person to a receiving facility, or other safe location, whichever the officer determines to be most appropriate. PROCEDURES I. ASSESSMENT OF SUBSTANCE ABUSE IMPAIRED PERSON General Assessment Information – A. When an officer encounters a person they have reason to believe is substance abuse impaired, the officer is responsible for: 1. Determining if the person meets the criteria for involuntary admission based upon the criteria listed below, and 2. Being cognizant of the fact the mere refusal to receive substance abuse services does not constitute evidence of lack of judgment with respect to the person’s need for such services. 3. Officers who have questions or concerns regarding an interaction with a person suspected of being substance abuse impaired may, with supervisor approval, request the assistance of an on-duty member of the TEAM Unit. B. If an officer has questions or concerns regarding the decision to take a person into protective custody, the officer shall: 1. Resolve the situation in favor of protection of life and property of the person, other citizens, and officers, 2. If needed, discuss the situation with their supervisor, and 3. If needed, discuss the situation with an on-duty member of the TEAM Unit or intake staff at the nearest receiving facility. C. Officers shall not deny substance abuse services or make admission assessments and determinations based on biased policing. D. If during a contact, an officer reasonably believes the person poses a significant danger of causing personal injury to themselves or others by possessing firearms or ammunition, FS 790.401 (Risk Protection GENERAL ORDER 24 PAGE 3 of 15 SUBSTANCE ABUSE IMPAIRED PERSONS MARCH 5, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT Orders) may be applicable. See General Order 70 for Risk Protection Order (RPO) protocols. E. The existence or absence of an RPO does not affect an officer’s authority and responsibilities under the Marchman Act. Involuntary Protective Custody Examination Criteria – F. Per FS 397.6772, an officer may take a person into protective custody when the officer reasonably believes the person meets the criteria in FS 397.675 and is: 1. Is substance abuse impaired or has a substance use disorder and co-occurring mental health disorder and has lost the power of self- control with respect to substance abuse, and 2. Is in need of substance abuse services and their judgement has been so impaired that he or she is incapable of appreciating the need for services, or 3. Without prompt care or treatment, the person is likely to suffer from neglect or refuse to provide self-care, which poses a real and present threat of substantial harm to their well-being (and it is apparent to the officer there are no willing family members or friends, or other services, to assist the person to avoid such harm). Juvenile Protocols – H. With the sole exception cited in subsection II B below (voluntary protective custody), this policy is equally applicable for officer contacts with juveniles who are suspected substance abuse impaired. I. The officer shall not end the contact until the juvenile has been properly delivered to a parent, guardian, other authorized adult, the CRF, TMH, HCA, or in the case of an arrest, the Juvenile Assessment Center (JAC). J. During protective custody situations the officer shall make every reasonable effort to contact the juvenile’s parent(s), guardian(s), or nearest relative and advise them of the situation. When Involuntary Admission Criteria Are Not Met – K. If after an assessment as outlined in subsection I A-F ab