Gavin Howe
Mental health issues and law enforcement often intersect, with police officers being the first and sometimes the only community resource called to respond to emergencies involving individuals with mental illness. In such situations, officers must decide whether the person needs treatment or if their illegal activity necessitates an arrest. This decision can be challenging, as officers may not have sufficient training to recognize mental illness, especially when it manifests differently from what a mental health professional might expect. Additionally, the presence of violence or substance use during an encounter can further complicate the situation. While some people with mental illness end up in the criminal justice system, others are diverted to mental health courts or treatment facilities. In cases where there is a threat of violence or harm, calling 911 and requesting officers with crisis intervention training (CIT) is advised. Understanding the legal standards for emergency mental health seizures and arrests is crucial for both law enforcement and those affected by mental health issues.
| Characteristics | Values |
|---|---|
| Law enforcement's role in mental health crises | Law enforcement officers are often the first and only community resource called to respond to urgent situations involving individuals with mental illness. |
| Police agencies are increasingly reluctant to respond to mental health crises unless there is a crime involved. | |
| In some jurisdictions, there are efforts to reduce the role of law enforcement in mental health crises and instead connect individuals to outpatient care and safety plans. | |
| Law enforcement officers may assume the role of "street-corner psychiatrists" and decide whether an individual with mental illness enters the mental health or criminal justice system. | |
| Law enforcement officers are not trained mental health professionals. | |
| Alternatives to arrest for individuals with mental illness | In some cases, police officers are authorized to take individuals with mental illness to crisis stabilization units or 23-hour crisis relief centers as alternatives to arrest. |
| Some jurisdictions have crisis-informed teams or programs where crisis responders ride along with law enforcement to assist in mental health crises. | |
| There are specialty mental health courts that may be considered for defendants who are deemed "competent" and willing to accept treatment. | |
| Legal standard for mental health seizure | Law enforcement must have probable cause to determine that an individual with mental illness poses a danger to themselves or others before taking them for an emergency mental health evaluation. |
| The "reason to believe" standard has been interpreted as probable cause by some courts. |
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What You'll Learn
- Police are often the first responders to mental health emergencies
- Mental health patients may be arrested and taken to jail if they are deemed a threat
- Law enforcement may have to make a judgement call between health and criminal systems
- Mental illness can be mistaken for intoxication, and signs may be missed
- Police training varies, and some officers are reluctant to act as 'street-corner psychiatrists'
Police are often the first responders to mental health emergencies
Police officers are frequently the first responders to mental health emergencies. They are often the first and only community resource that is called upon to respond to urgent situations involving individuals with mental illness. This puts them in the role of "street-corner psychiatrists", where they must decide whether the person needs treatment or if their illegal activity is the primary concern. This decision can have significant implications, as it determines whether the individual will enter the mental health system or the criminal justice system.
The police's involvement in mental health emergencies is complex and multifaceted. On the one hand, they have the power and authority to protect the safety and welfare of the community, including individuals with mental illnesses. They can connect people with proper treatment resources and play a crucial role in ensuring the safety of all involved.
However, there are also challenges associated with police response to mental health crises. Firstly, police officers are not trained mental health professionals. They may lack the specialized knowledge and skills needed to effectively handle these situations. This can lead to misunderstandings and inappropriate responses, such as criminalizing mental illness or using force during a mental health call.
Additionally, there is ambiguity in the legal standards for mental health seizures by law enforcement. While some jurisdictions require probable cause to determine that an individual is mentally ill and poses a danger, the specific criteria for justifying a seizure can vary, with some cases suggesting that reasonable belief may be sufficient. This ambiguity can make it difficult for officers to make informed decisions and may result in legal complications.
Furthermore, the presence of violence or signs of drug and alcohol intoxication during an encounter with law enforcement can complicate the recognition and response to mental illness. Signs of mental illness may go unnoticed, and individuals may be charged and taken to jail instead of receiving appropriate mental health interventions.
In recent years, there has been a push to reduce the role of law enforcement in behavioral health crises and prioritize alternatives to arrest. Some jurisdictions are exploring crisis intervention programs, civilian crisis teams, and diversion programs to address mental health emergencies without relying solely on law enforcement. These initiatives aim to provide more appropriate responses and reduce the criminalization of mental illness.
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Mental health patients may be arrested and taken to jail if they are deemed a threat
In some cases, mental illness may appear to police officers as alcohol or drug intoxication, especially if the person has been using substances at the time of arrest. Additionally, the occurrence of violence during an arrest increases the likelihood that a mentally ill individual will be incarcerated. Law enforcement officers may also be more inclined to charge individuals with mental illness and take them to jail if they believe there are no appropriate alternatives available.
In certain jurisdictions, there are alternatives to arrest for individuals with mental disorders. For example, in Washington, if a police officer has reasonable cause to believe that an individual with a mental disorder has committed a crime, they are authorized to take the individual to a crisis stabilization unit or a 23-hour crisis relief center instead of arresting them.
Despite these alternatives, there is still ambiguity in the legal standard for mental health seizures. The Eighth Circuit has established that probable cause is the required legal standard for emergency mental health seizures, meaning law enforcement must have probable cause to determine that an individual is mentally ill and poses a danger to themselves or others. However, other case law has suggested that "reasonable belief" may be sufficient to justify some seizures.
Due to the complex nature of mental health issues and the potential for criminalization, it is important for law enforcement officers to have adequate training and resources to respond appropriately to individuals in crisis.
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Law enforcement may have to make a judgement call between health and criminal systems
Law enforcement officers are often the first and only community resource that responds to emergencies involving individuals with mental illnesses. They are responsible for either connecting the person with the proper treatment resources or arresting them if they have committed a crime. This puts law enforcement in the role of "street-corner psychiatrist", deciding whether the mental health or criminal justice system can best meet the needs of the individual.
In the case of Ms Graham v The City, the court ruled that law enforcement must have probable cause to determine that an individual is mentally ill and poses a danger to themselves or others before taking them for an emergency mental health evaluation. This ruling established probable cause as the standard for emergency mental health seizures in the Eighth Circuit.
Despite their practical experience, police officers often lack sufficient training in dealing with individuals with mental illnesses. Mental illness may go unnoticed by law enforcement, especially in situations where the individual is also under the influence of drugs or alcohol. Additionally, the occurrence of violence during an arrest increases the likelihood that a person with mental illness will be taken to jail.
Some jurisdictions, such as Sacramento County, are working to reduce the role of law enforcement in behavioural health crises and instead connect individuals to outpatient care. However, law enforcement will always be critical to the "system level response", especially in situations where individuals in crisis have weapons or are particularly volatile.
When responding to a mental health crisis involving a potential crime, law enforcement must make a judgement call between the health and criminal systems. They must determine whether the individual's illegal activity is the primary concern or whether their mental health needs take precedence. This decision can have significant consequences for the individual, potentially leading them into the criminal justice system instead of receiving necessary treatment.
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Mental illness can be mistaken for intoxication, and signs may be missed
Mental health issues and substance abuse are closely linked, and there is a complex interplay between the two. Mental illness can often be mistaken for intoxication, and the signs of a mental health crisis may be missed. This is a challenging situation for law enforcement, who have to make quick decisions about the appropriate course of action.
Intoxication can present in many different ways, and it can be hard to distinguish from certain mental health issues. For example, a person suffering from acute alcohol intoxication may exhibit slurred speech, aggressive or bizarre behaviour, or even be unresponsive. These symptoms are also common in several mental health disorders, such as schizophrenia or severe depression, which can cause altered cognition and behaviour. In such cases, it may be challenging for law enforcement to determine whether the cause is intoxication or a mental health crisis.
In the case of Ms Graham, officers entered her home and arrested her, believing she posed a threat to herself or others. She later brought a suit against the officers and the City, alleging that her First and Fourth Amendment rights had been violated. The district court granted the officers qualified immunity, agreeing that they had not violated any established constitutional rights and had acted in good faith. This case highlights the complex nature of mental health seizures and the potential for ambiguity in existing case law.
To address this challenge, certain jurisdictions have established specific guidelines. For instance, the Eighth Circuit Court has ruled that probable cause is required for emergency mental health seizures, indicating that law enforcement must have a valid reason to believe that an individual is a danger to themselves or others due to mental illness. This ruling provides a clearer standard for officers to follow when faced with situations involving mental health concerns.
Furthermore, alternatives to arrest are also being considered for individuals with mental disorders or substance use disorders. For example, in Washington, if a police officer has reasonable cause to believe that an individual with a known history of mental disorder has committed a crime, they are authorized to take that person to a crisis stabilization unit or a 23-hour crisis relief center instead of arresting them. Such alternatives aim to better serve the needs of individuals with mental illness by providing them with treatment and support while also addressing public safety concerns.
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Police training varies, and some officers are reluctant to act as 'street-corner psychiatrists'
Police officers are often the first and only community resource that responds to emergencies involving individuals with mental illnesses. They are responsible for either connecting these individuals with the proper treatment resources or arresting them if they have committed a crime. This dynamic has positioned police officers as the primary "gatekeepers" who determine whether an individual with acute psychiatric problems enters the mental health system or the criminal justice system.
Police training varies, and some officers are reluctant to act as "street-corner psychiatrists". This is evident in the case of Ms. Graham, who sued law enforcement officers under 42 U.S.C. § 1983, alleging that they violated her First and Fourth Amendment rights by conducting an unreasonable search and seizure. The officers entered her home, and although the appeals court doubted their contention, they ruled that the officers had a reasonable belief that there was a mental health emergency and were acting in good faith. This case established probable cause as the standard for emergency mental health seizures, requiring law enforcement to determine that an individual is mentally ill and poses a danger to themselves or others.
Officers may be reluctant to take on the role of "street-corner psychiatrists" due to the potential risks and complexities involved. Sheriff Cooper highlighted that any level of force on a non-criminal mental health call could lead an officer to ruin. For instance, if an individual needs to be restrained and suffers a cardiac arrest as a result, the officer could lose qualified immunity and face legal consequences.
Additionally, there is ambiguity and confusion in case law regarding the legal standard for mental health seizures, which can make it challenging for officers to navigate these situations effectively. While some jurisdictions, like Sacramento County, are trying to reduce the role of law enforcement in behavioral health crises, law enforcement will likely always play a critical role in responding to emergencies involving individuals with mental illnesses.
To address these challenges, some police departments have implemented programs where crisis responders with mental health expertise ride along with law enforcement officers. This allows for a more specialized response to mental health crises while still ensuring the safety of all parties involved.
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Frequently asked questions
Yes, law enforcement officers may arrest someone for a mental health crisis. They are often the first and only community resource called on to respond to such situations. However, they may also direct the person to treatment resources instead.
When a person with severe mental illness (SMI) is arrested, they become part of the "forensic system". Treatment in this system is known as "forensic mental health".
Families can call 988 for mental health crisis support. Some police departments also have crisis intervention training (CIT) officers or programs where crisis responders ride along with law enforcement.
Yes, the Privacy Rule permits hospitals to disclose certain protected health information in response to a law enforcement official's request. This includes the date and time of admission and discharge for the purpose of locating or identifying a suspect, fugitive, material witness, or missing person.
Yes, law enforcement must have probable cause to determine that an individual is mentally ill and poses a danger to themselves or others.
