POLICY NO: O-202 LONDONDERRY POLICE DEPARTMENT POLICIES AND PROCEDURES DATE OF ISSUE: February 1, 1997 EFFECTIVE DATE: February 1, 1997 REVISED DATE: October 15, 2012 SUBJECT: INVOLUNTARY EMERGENCY ADMISSIONS PAGE: 1 of 5 BY AUTHORITY OF: William R. Hart Chief of Police CALEA # 1.2.5 NEW AMENDS RESCINDS POLICY #: O-202 Dated: 12/01/99 I. PURPOSE A. To establish a policy and procedure to assist the Londonderry Police Department in enabling the Department of Health and Welfare, Division of Mental Health to guarantee humane treatment of the mentally ill (mental, emotional, and/or behavioral), and to enable the afflicted persons to obtain needed care and rehabilitation. [1.2.5] II. DISCUSSION III. POLICY A. The police personnel will attempt to lessen any traumatic effects on the mentally ill subject by continuing to encourage an integrated system of mental health care. It is declared to be the policy of this State that mental illness in and of itself is insufficient to commit any individual involuntarily. [1.2.5] B. Involuntary commitments should only be utilized when other treatment would not be in the best interest of the patient and community, and the person's liberty is to be curtailed only to the extent necessary to protect the person and the community. [1.2.5] A. The policy of the Londonderry Police Department in responding to Involuntary Emergency Admissions is to de-escalate violent situations; to prevent police officer's injury in violent incidents; to reduce repeat calls; to assist mentally ill persons; to refer mentally ill persons to the proper facilities and physician, to provide emergency care or assistance to a mentally ill person, including transportation to medical facilities; and if necessary to take into custody on an involuntary basis a mentally ill person for the safety of the person and/or the community. [1.2.5] IV. DEFINITIONS The definitions are as indicated under RSA 135-C:2, unless the context specifically indicates otherwise. [1.2.5]
Page 2 of 5 A. Mental Illness - Means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by: (a) epilepsy; (b) mental retardation; (c) continuous or non-continuous periods of intoxication caused by substances such as alcohol or drugs; or (d) dependence upon or addiction to any substance such as alcohol or drugs. [1.2.5] B. Physician - Means a medical doctor licensed to practice in New Hampshire. C. Treatment - Means examination, diagnosis, training, rehabilitation therapy, pharmaceutical, and other services provided to clients in the mental health services system. Treatment shall not include examination or diagnosis for the purpose of determining the need for involuntary emergency admissions pursuant to RSA 135-C:27-33 or involuntary admissions pursuant to RSA 135-C:34-54. D. Jurisdiction - For proceedings brought under this chapter, jurisdiction is vested in the probate court in the county where the person sought to be committed resides. V. PROCEDURES [1.2.5] The procedures of the Londonderry Police Department for I.E.A.'s are as follows: A. RSA 135-C:27 - Involuntary Emergency Admission Criterion The criterion to be used by a court, physician, psychiatrist or police officer in determining whether a person should be admitted for in-patient treatment on an involuntary basis shall be whether the person sought to be admitted for in-patient treatment on an involuntary basis is in such a mental condition as result of mental illness as to create a potentially serious likelihood of danger to themselves or to others. B. RSA 135-C:28 - Involuntary Admission - Petition must be filed as follows: The petition shall also include a certificate from a physician who has examined the person sought to be admitted, such person satisfies the criterion of RSA 135-C:27 (see attached). RSA 135-C:28 II - Upon request for involuntary emergency admission by a petitioner, police officer or otherwise, if the person sought to be admitted refuses to consent to a mental examination, the petitioner, police officer or otherwise may sign a complaint which shall be sworn to before a justice of the peace. The complaint shall be submitted to the justice of the peace with the petition. The petition shall state in detail the acts or actions of the person sought to be admitted which the petitioner has personally observed or which have been personally reported to him/her and his/her opinion requires a compulsory mental
Page 3 of 5 examination. If the justice of the peace finds that a compulsory mental examination is necessary, the justice may order this examination. [1.2.5] RSA 135-C:28 III - When a peace officer observes a person engaging in behavior which gives the peace officer reasonable suspicion to believe that the person may be suffering from a mental illness and probable cause to believe that unless the person is placed in protective custody the person poses an immediate danger of bodily injury to himself or others, the police officer may place the person in protective custody. Any person taken into protective custody under this paragraph shall be transported directly to an emergency room of a licensed general hospital or to another site designated by the community mental health program serving the area, for the purposes of determining if an involuntary emergency admission shall be ordered or at the end of 6 hours, whichever event occurs first. [1.2.5] C. Law Enforcement Officers - Custody of Person - Minus exigent circumstances, upon completion of the "Petition For Involuntary Emergency Admission" certificate form by the petitioner and upon order of a justice of the peace as indicated by his/her signature on the "Complaint (Petition and Certificate), and Prayer for Compulsory Mental Examination Pursuant to RSA 135-C:28 II form, and after also when possible contacting the mental health facility, a law enforcement officer shall take into custody the person named in the complaint and transport him/her to a pre-arranged approved mental health receiving facility which has been identified in the certificate where a compulsory mental examination shall be performed or in the alternative the officer shall transport the person so named to the police facility where an approved mental health physician shall be notified and a determination made s to the location of the compulsory mental examination. [1.2.5] D. Examination by Physician - The detention of any individual for emergency diagnosis can be ordered upon the certificate of a physician who has examined the person sought to be detained for diagnosis within 3 days of the request for detention, and finds that the person meets the criterion of RSA 135-C:27. Such a certificate hall state in detail the specific acts or actions of the person sought to be detained which the physician has personally observed or which have been reported to him/her by a reliable witness and which in his/her opinion satisfy the criteria set forth under RSA 135-C:27. If the person sought to be detained for emergency diagnosis refuses to consent to an examination, the physician may sign a complaint by which a law enforcement officer shall arrange for an examination of the person sought to be detained for emergency diagnosis; and such complaint shall state the specific acts or actions which the physician has observed and
Page 4 of 5 considers as satisfying the criteria of RSA 135-C:27. An emergency clinician may complete the initial diagnosis. [1.2.5] If an emergency diagnosis detention certificate is completed and signed by the physician who examined the person sought to be detained for diagnostic detention in accordance with RSA 135-C:27, RSA 135-C:28 any law enforcement officer is empowered and directed to take custody of such person and immediately transport him/her to the nearest and most appropriate mental health facility designated for emergency diagnostic detention. [1.2.5] Also refer to RSA 135-C:62 for further actions and behavior that someone may also be taken into custody and transported for. [1.2.5] E. Notification of Representatives - Notify a representative (parents, sibling, etc.) of the fact that the subject was taken into custody and transported to New Hampshire Hospital Concord, N.H., or other receiving facility. [1.2.5] F. Voluntary Admissions Criteria - When the criteria of Involuntary Admission is not possible the police officer may assist the petitioner by informing concerned subjects of Voluntary Admission. [1.2.5] A person applying for admission for in-patient care on a voluntary basis shall be admitted by the admitting physician at the facility applied to if such physician is of the opinion that the following two criteria are met: [1.2.5] i. There is reasonable cause to believe that the applicant would benefit from in-patient treatment by the facility; and [1.2.5] ii. The community or special facility applied to is the in-patient facility most suited to providing treatment to the applicant. (refer to RSA 135-C:34 for more information if necessary) [1.2.5] G. The following locations are mental health receiving facilities: [1.2.5] Manchester Mental Health 401 Cypress Street - Manchester, N.H. Telephone Number: 668-4111 Full-time Physician is Dr. Politz (9:00 am - 5:00 pm) Back-up Physicians are: Dr. Patil, and Dr. Potnza.
Page 5 of 5 New Hampshire State Hospital 250 Pleasant Street - Concord, N.H. Telephone Number: 224-6531 Catholic Medical Center 100 McGregor Street - Manchester, N.H. Telephone Number: 668-3545 Full-time Physician is Dr. Bulmer Back-up Physician is: Dr. Cosi Elliot Hospital 955 Auburn Street - Manchester, N.H. Telephone Number: 669-5300 Elliot uses the same Doctors as Manchester Mental Health Emergency Admissions for adults. Full-time Physician is: Dr. John Szlyk (adults) Lake Shore Hospital will process Involuntary and Voluntary Emergency Admissions for Juveniles Full time Physician is: Dr. Reimherr (Juveniles) H. The law enforcement officer will call the receiving facility and request the Emergency Service Clinician (Monday-Friday). They in turn will contact the Physician. The petition and Certificate (I.E.A.), and Prayer for Compulsory Mental Status Exam will be filed. (Refer to the policies and procedures) [1.2.5] I. RSA 135-C:63 - Duty To Transport - Upon request, the office of the sheriff of the county in which any person is located who is to be taken into custody in accordance with RSA 135-C:62 shall take said person into custody and transport that person to the appropriate destination. [1.2.5] VI. These policies and procedures replace and supersede all policies, procedures, rules, regulations, and written directives regarding INVOLUNTARY EMERGENCY ADMISSIONS.