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1111 S.W. 2nd Avenue, Portland, OR 97204

0850.22 Police Response to Mental Health Director’s Holds and Elopement

850.22 Police Response to Mental Health Director’s Holds and Elopement 

Refer:

  • ORS § 426.005, Definitions for ORS § 426.005 to 426.390
  • DIR 850.20 Police Response to Mental Health Crisis
  • DIR 850.21 Peace Officer Custody (Civil)
  • DIR 850.25 Police Response to Mental Health Facilities 

Definitions:

  • Community Mental Health Program Director: The director of an entity, including Multnomah County, which provides community mental health program services.
  • Designated Residential Mental Health Facility: Secure and non-secure treatment facilities registered with Multnomah County Mental Health and Addiction Services to provide residential mental health treatment for adults in a home-like environment supervised by twenty four (24) hour staff to provide stabilization, treatment, and community integration, which have been identified and flagged by the Portland Police Bureau’s Behavioral Health Unit (BHU). ORS § 426.005 (1) (c) (d). 
  • Elope: To abscond, depart, leave, or walk away. 
  • Unlawful Elopement: To elope in violation of a civil or criminal legal/commitment status. 

Policy:

  1. In the context of mental health services, mental health providers, not law enforcement, are responsible for the evaluation, diagnosis, and treatment of persons who are in mental health crisis.  There are times, however, when mental health providers need police services. 
  2. Because mental health custody as initiated by mental health providers may be civil (e.g., Director’s Custody, Order of Civil Commitment) or criminal (e.g., Psychiatric Security Review Board (PSRB) Commitment Orders, Revocation Orders) in legal/commitment status, members shall be guided by law when responding to mental health provider service requests, resolving custody in as safe, constructive, and humane a manner as possible. 
  3. A member’s ability to manage custody in a safe, constructive, and humane manner is of critical importance to the involved person, the involved person’s support system, community members, mental health providers, and the Police Bureau.  Members shall treat the individual with dignity and compassion at all times. 

Procedure:

1. Police Response to Civil Custody Requests:

1.1.   Community Mental Health Program Director's Custody:

1.1.1.    Members shall take a person into custody when the Community Mental Health Program Director, or designee, notifies the member that the Director has probable cause to believe that the person is dangerous to self or to any other person.

1.1.2.    When assisting a community mental health program director or designee as defined in ORS § 426.005 (1) (a) with taking a person into custody (Director's Custody), members shall:

1.1.2.1. Determine if taking civil custody of the person named on the Director's Custody Report may be achieved in a safe manner.  Delaying custody is a tactic that may be used if the member determines that taking the person into custody under present circumstances may result in an undue safety risk to members, the involved person, and/or others.  If delaying custody, members shall notify a supervisor and then develop a plan to determine a safer time and method to take the person into civil custody.  An appropriate police report shall be completed documenting the details of this decision.

1.1.2.2. If a member takes a person into custody, the member shall call AMR to transport to the Unity Center or hospital, unless extraordinary circumstances warrant police transport.

1.1.2.3. Members shall complete an appropriate police report and mental health mask documenting the civil custody or Director’s Hold. 

1.2.   Unlawful Elopement from a Mental Health Facility or Hospital:

1.2.1.    If a person is being held on a Notice of Mental Illness (NMI) and elopes without permission from a facility, they have unlawfully eloped and members may be contacted to bring that person back to the facility. ORS § 426.070.

1.2.2.    If a person is on commitment status (e.g., Order of Commitment) and elopes without permission from a facility, they have unlawfully eloped and members may be contacted to bring that person back to the facility. ORS § 426.223.

1.2.3.    In the above circumstances, members shall:

1.2.3.1. Verify that the NMI or Order of Commitment exists.  The facility should have a copy of the Order on location; otherwise, members may verify the NMI or Order with the Multnomah County Call Center.

1.2.3.1.1. Criteria for court ordered civil commitments are dictated by individual state laws.  If a patient has eloped from a mental health facility in another state, members should assess the person and take action in accordance with Directive 850.20, Police Response to Mental Health Crisis and/or Directive 850.21, Peace Officer Custody (Civil).  Members should contact the reporting facility and notify them of the disposition.

1.2.3.2. Determine if taking civil custody of the person named on the Order of Commitment may be achieved in a safe manner.  Delaying custody is a tactic that may be used if the member determines that taking the person into custody under present circumstances may result in an undue safety risk to members, the involved person, and/or others.  If delaying custody, members shall notify a supervisor and then develop a plan to determine a safer time and method to take the person into civil custody.

1.2.3.3. Transport the named person back to the facility unless the member determines the person meets the criteria in Directive 850.21, Peace Officer Custody (Civil).

1.2.3.4. Complete the appropriate police report and mental health mask documenting the incident and submit the report to a supervisor before the end of shift. 

1.3.   Elopement from a Mental Health Facility:

1.3.1.    If a person is not on commitment status (e.g., Order of Commitment) and elopes without permission from a facility, that person is free to leave.

1.3.2.    If a person wishes to voluntarily return to the facility, members may transport that person to the facility.

1.3.3.    Should members receive a call alleging the eloped person is deemed to be dangerous to self or others, members must assess the person in accordance with Directive 850.20, Police Response to Mental Health Crisis and/or Directive 850.21, Peace Officer Custody (Civil). 

1.4.   Member -Supervisor Coordinated Response Required:

1.4.1.    Warrants of Detention/Trial Visitation: During pre-trial civil commitment processes, a person with an alleged mental illness may be released into the community and be monitored by a civil commitment investigator. A civil warrant of detention may also be issued by a judge to take a person with mental illness into custody.   Because the statutory authority to serve a warrant of detention rests with the Multnomah County Sheriff’s Office, members should not become involved in these activities unless called to an incident to assist a civil commitment investigator or civil deputy in fulfilling the investigator’s or deputy’s mission. 

2. Police Response to Criminal Custody Requests:

2.1.   Psychiatric Security Review Board (PSRB) Revocation Orders:

2.1.1.    Under ORS § 161.375(4), the Psychiatric Security Review Board (PSRB) has the authority to take PSRB supervised persons into custody on Revocation Orders, which are comparable to arrest warrants and subject to the same rules.

2.1.2.    A member shall typically be notified of a PSRB Revocation Order through a PSRB Law Enforcement Data Systems (LEDS) message reading: “No Criminal Warrant, PSRB order for mandatory return to Oregon State Hospital.”  Members shall then:

2.1.2.1. Take the person named in the Revocation Order into custody and notify a supervisor.

2.1.2.2. Ensure the Oregon State Hospital Communications Center is notified; the phone number can be found in the PSRB LEDS message.

2.1.2.3. Transport, with one other member, the person to the Oregon State Hospital Communication Center and notify a supervisor of the transport.

2.1.2.4. If additional verification of Revocation Order is needed, the PSRB Executive Director may be contacted.  The phone number can be found in the PSRB LEDS message.

2.1.2.5. Document the incident on an appropriate police report and mental health mask and submit to a supervisor before the end of shift. 

2.2.   Unlawful Elopement from PSRB:

2.2.1.    If a person is under the jurisdiction of the PSRB and elopes without permission from a facility, they have unlawfully eloped and members may be contacted to bring that person back to the facility.  ORS § 161.336(4)(a).  Under such circumstances, members shall:

2.2.1.1. Verify the person is under the jurisdiction of the PSRB.  The facility should have a copy of the Order on location; otherwise members may verify the Order within LEDS.

2.2.1.2. Determine if taking custody of the person named on the PSRB Order may be achieved in a safe manner.  Delaying custody is a tactic that may be used if the member determines that taking the person into custody under present circumstances may result in an undue safety risk to members, the involved person, and/or others.  If delaying custody, members shall notify a supervisor and then develop a plan to determine a safer time and method to take the person into custody.

2.2.1.3. Transport the named person back to the facility unless the member determines the person meets the criteria in Directive 850.21, Peace Officer Custody (Civil).

2.2.1.4. Complete the appropriate police report and mental health mask documenting the incident and submit the report to a supervisor before the end of shift. 

3. Police Response to Civil or Criminal Custody Requests: Escape from an Oregon State Hospital:

3.1.   If the superintendent of an Oregon state hospital issues an escape warrant for the apprehension and return of a person, members shall:

3.1.1.    Verify the identity of the person in LEDS.

3.1.2.    Take the named person into custody and notify a supervisor.

3.1.3.    Ensure the Oregon State Hospital Communications Center is notified; the phone number can be found in the LEDS message.

3.1.4.    Transport, with one other member, the person to the Oregon State Hospital Communications Center and notify a supervisor of the transport.

3.1.5.    Document the incident on an appropriate police report and mental health mask and submit to a supervisor before the end of shift. 

4. Supervisor Responsibilities:

4.1.   Supervisors shall ensure their members follow reporting requirements for the civil or criminal custody. 

History:

  • Originating Directive Effective: 05/02/17
  • Next Review Date:11/02/17