0850.10 Custody, Civil Holds
850.10 CUSTODY, CIVIL HOLDS
- ORS 426.228 Police Officer Taking Person into Custody – Mental Treatment
- ORS 430.399 – 430.401 Alcoholic Treatment Act
- DIR 870.20 Custody and Transportation of Subjects
Members may take a person who is in a public place into custody with or without the presence of a criminal charge if the subject is intoxicated or under the influence of a controlled substance. Under no circumstances may an individual who is only intoxicated or under the influence of a controlled substance be placed in custody while inside a private residence.
Members may act in such situations by taking or sending the subject home or to a detoxification center such as the HooperMemorialCenter (Detox).
Members locating, or being called to deal with, incapacitated inebriates in public places will check the physical condition of the person for:
a. Visible injury.
b. Breathing and a normal rate of respiration.
c. Normal skin color.
If these physical conditions appear normal, the member will attempt to rouse the person to consciousness. If any of those factors appear abnormal or the person cannot be roused within 30 seconds, the member will then call EMS to respond. Members will stand by until EMS is prepared to transport or declares there is no medical danger. In all instances, the member will stand by any person they determine is unable to make a rational decision. If CHIERS (Central City Concern-Hooper Inebriate Emergency Response Service) is not available or delayed, the member will transport the person to Detox.
When a member has contact with a person exhibiting any of the following conditions, they will see that the subject is taken into custody and transported to an appropriate treatment facility:
a. There is an immediate danger to the subject’s health caused by alcohol or drugs.
b. There is an immediate danger to others due to the subject’s condition.
c. The subject is suicidal.
d. When, in the opinion of the member, the subject is unable to make rational decisions concerning acceptance of assistance (incapacitated).
e. The subject is intoxicated and an insulin-using diabetic.
Regardless of the level of sobriety, if a person’s physical condition is such that immediate medical attention is required, members must call for an ambulance or cab to transport the subject to the appropriate medical facility.
Individuals who meet the criteria for a police emergency mental committal will not be admitted to a sobering program even though they are intoxicated. Intoxicated/disoriented persons exhibiting signs of being either mentally or emotionally disturbed, but not meeting the criteria allowing for a police committal, may be admitted to Detox. If, after being placed in Detox, it is determined that a person is suicidal, that person will be removed to an appropriate facility by the admitting member.
Criminal Charges (850.10)
Intoxicated subjects arrested on criminal charges will either be booked into MCDC or issued the appropriate citation and lodged in Detox. Inebriates who are violent and/or combative, but to the member’s knowledge have not committed any criminal acts, will be lodged in Detox.
Detox Admission Process (850.10)
The following procedure will be used when invoking a civil hold:
a. All subjects taken into custody under the treatment act will be restrained and transported as directed in DIR 870.20.
b. Upon arriving at Detox, members may use the weapons locker provided in the admitting area.
c. A Detox staff person will receive, identify and assess the subject’s behavior. If not needed by the staff, the member may use the police desk to complete the report.
d. A Detox staff person will confer with the member(s) regarding the appropriate disposition for the inebriate. The member(s) may be requested to remain at Detox until the subject is placed in a sobering room or, if unruly, for the remainder of the admitting process.
e. The Detox staff will determine if the subject is to be placed in a safety room. A search will be conducted by the Detox staff. Unruly subjects will be restrained by the member(s) during the search. If illegal weapons or contraband are found, the admission process will be terminated. The subject will be arrested and either issued a citation or removed to MCDC. If removed to MCDC, a Seen But Not Admitted Detox form will be completed.
f. Following the staff search, if admittance to Detox is to occur and the subject is unruly, they will be moved by both the staff and the member(s) to a safety room. At this time, the handcuffs will be removed.
Removal of Subjects from Detox (850.10)
If a subject placed in Detox is uncooperative and an involuntary transport to another facility becomes necessary, a Detox employee will call 9-1-1 to request the presence of a patrol unit for transport. If the member who admitted the person into Detox is not available, the closest free unit will be dispatched. Prior to leaving the center, the referral facility must be confirmed by the Detox staff. Voluntary committals requiring transfer to another facility are the responsibility of Detox. When requested to remove violent or combative persons from Detox, members will:
a. Respond to Detox using an appropriate driving response.
b. Take appropriate action to safeguard Detox staff and clients.
c. Assist the staff in restraining violent or combative individuals.
d. Ensure that the Detox staff has confirmed acceptance of the individual in an alternate facility.
e. Conduct the transport or use an ambulance with restraints.
Reporting Requirements (850.10)
All civil holds will be documented on an Investigation Report. The narrative will contain information that justifies the hold. A copy of the report will be presented to the Detox staff prior to departure. The completed original will be routed to Records through normal channels. Regardless of disposition, a records check will be conducted prior to releasing the individual.
The CHIERS program provides for first responder assistance for certain medical emergencies and transport of incapacitated inebriates to Detox by HooperCenter staff members. Most CHIERS operators are emergency medical technician certified and deputized with authority limited to the pick up and transport of incapacitated individuals who cannot stand or walk unassisted and who are a danger to themselves as a result of their intoxicated condition. CHIERS cannot transport combative individuals.