7-12 Handling Mentally Ill Subjects

Policy Type: Local

Responsible Office: Chief of Police, Virginia Commonwealth University Police Department

Initial Policy Approved: 6/17/2014

Current Revision Approved: 2/18/2019

General

It is VCU Police Department’s (VCUPD) policy to provide guidance to all sworn personnel regarding available procedures for handling a situation involving a mentally ill person. The purpose of this directive is to establish the department’s policy and procedures for the handling of mentally ill persons by sworn personnel, proper execution and enforcement of Emergency Custody Orders and Temporary Detention Orders, and any associated follow-up investigations.

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated.

In addition, it is the responsibility of the officer’s supervisor to have knowledge of the incident involving the mentally ill person and to provide necessary guidance, oversight and supervision, as required.

Procedures

Emergency Custody Orders, Generally

The criteria for establishing probable cause for issuance of an ECO is as follows:
1. Findings for Adults
  1. The person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future:
    1. Cause serious physical harm to themselves or others as evidenced by recent behavior, causing, attempting or threatening harm, and other relevant information, if any, or
    2. Suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs
  2. Is in need of hospitalization or treatment, and
  3. Is unwilling to volunteer, or incapable of volunteering, for hospitalization or treatment
2. Findings for Minors
  1. The minor has a mental illness and because of said mental illness, the minor either:
    1. Presents a serious danger to themselves or others of severe or irremediable injury is likely, or
    2. Is experiencing a serious deterioration of ability to care for themselves in a developmentally age-appropriate manner, as evidenced by one of the following:
      1. Delusional thinking or
      2. Significant impairment of functioning in hydration, nutrition, self-protection or self-control
3. Is in need of compulsory treatment for mental illness, and
4. Is reasonably likely to benefit from the proposed treatment
Paperless Emergency Custody (also referred to as an “Orderless ECO”)
1. The Code of Virginia § 37.2-808 (G) (for minors, see Va. Code § 16.1-340 (G)) provides that a law enforcement officer, based upon their observation or the reliable reports of others, has probable cause to believe that a person meets the criteria for emergency custody may take that person into custody and transport that person to an appropriate location to assess the need for hospitalization or treatment without prior authorization from a magistrate (See above ECO probable cause criteria described in section (A)(1)(a-b)).
2. The period of emergency custody shall not exceed eight (8) hours from the time the law enforcement officer takes the person into custody.
3. Once an officer has probable cause to believe that the person meets the criteria for emergency custody, the officer must adhere to the following procedures when initiating paperless emergency custody on either campus:
  1. If paperless emergency custody is initiated anywhere outside of VCU Medical Center’s Main Hospital, the officer must promptly notify VCUPD dispatch of the situation and provide them with the subject’s name, date of birth, the basis for initiating paperless emergency custody, and the name of the facility to which the officer is transporting the subject for a mental health evaluation.
  2. Dispatch shall immediately contact Richmond Behavioral Health Authority (RBHA) to advise that the officer initiated paperless emergency custody and provide them with the preceding subject information.
  3. Upon RBHA’s arrival at the evaluating facility, the officer must be prepared to communicate the observations that established probable cause to initiate paperless emergency custody.
    1. NOTE: There is nothing in this directive that limits an officer from taking an individual who meets the ECO criteria to the Crisis Intervention Unit at RBHA for a mental health evaluation.
  4. If paperless emergency custody is being initiated within VCU Medical Center’s Main Hospital, the officer must notify VCUPD dispatch of the situation and provide them with the subject’s name, date of birth, the doctor’s/nurse’s name who is requesting paperless emergency custody, and the subject’s exact location within the hospital. Dispatch shall immediately contact RBHA to relay this information. Upon RBHA’s arrival at the hospital, the officer must direct them to the doctor or staff member who requested initiation of paperless emergency custody.
4. The initiating officer shall complete an Administrative Report to include all information relevant to the circumstances that prompted the paperless emergency custody process.

Temporary Detention Orders, Generally

The criteria for establishing probable cause for issuance of a TDO is consistent with the requirements for issuance of an ECO, as described above in subsection (A)(1)(a) for adults and (A)(1)(b) for minors; however, a TDO can only be issued for a person after an evaluation is conducted in-person or by means of a two-way electronic video and audio communication system (see Va. Code § 37.2-804.1) by an employee or designee of the local community services board to determine whether the person meets the criteria for temporary detention.
1. EXCEPTION: A magistrate has discretionary authority to issue a TDO without prior evaluation by an employee/designee of a local community services board if the person has been personally examined within the previous 72 hours by an employee or designee of the local community services board or there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation (see Va. Code § 37.2-809(D)).
The duration of a TDO must be sufficient to allow for completion of the examination required by § 37.2-815, preparation of the preadmission screening report required by § 37.2-816, and initiation of mental health treatment to stabilize the person’s psychiatric condition to avoid involuntary commitment where possible; however, the duration of a TDO cannot exceed 72 hours (or the next business day) prior to a commitment hearing for involuntary admission.

Execution of Emergency Custody Orders and Temporary Detention Orders
1. Time Restrictions
  1. An ECO must be executed within eight (8) hours of its issuance. If an officer is unable to execute the ECO within 8 hours of issuance, the officer shall notify the RBHA Crisis Intervention Unit and return the order to the magistrate’s office.
  2. A TDO must be executed within twenty-four (24) hours of issuance, or within a shorter period as specified in the order. If the TDO is not executed within 24 hours of issuance, the order will be void for lack of timely execution and must be returned unexecuted as soon as practical to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the jurisdiction of the issuing court.
    1. EXCEPTION: A subsequent TDO may be issued upon the original petition within 96 hours after the petition is filed; however, a magistrate must again obtain the advice of an employee or designee of the local community services board prior to issuing a subsequent order upon the original petition. Any petition for which no TDO, or other process in connection therewith, is served on the subject of the petition within 96 hours after the petition is filed shall be void and shall be returned to the office of the clerk of the issuing court, or if closed, the applicable magistrate’s office (see Va. Code § 37.2-809(I)).
2. The VCUPD officer shall provide the respondent with a copy of the ECO or TDO paperwork.
Transportation and Custody of Respondents Under an ECO or TDO
1. Transportation of Respondents Under an ECO or TDO
  1. If a magistrate issues an ECO or TDO remotely, the officer may request another police unit to pick up the ECO or TDO from the issuing magistrate's office and take it to the designated facility so that the respondent can be admitted for evaluation.
  2. The transporting officer must search every respondent under an ECO or TDO prior to transport.
  3. If an ECO or TDO is not issued, the officer shall transport the subject back to the location where the officer initiated the original transport.
  4. The issuing magistrate must designate in the ECO the primary law enforcement agency for the jurisdiction served by the community services board that is performing the evaluation as the agency responsible for handling the custody and transport of the respondent.
    1. Upon request, magistrates have discretionary authority to designate an alternative transportation provider. Alternative transportation providers are only authorized in cases in which a respondent is at risk to suffer passive harm (i.e., they cannot protect themselves or cannot meet their basic human needs).
      1. If the magistrate designates an alternative transportation provider, they will attach the Order for an Alternative Transportation Provider to the ECO.
      2. VCUPD officers will still serve the order on the respondent, take them into custody, and transfer custody of the respondent to the alternative transportation provider identified in the order.
      3. In such cases, a copy of the ECO must accompany the respondent at all times and must be delivered by the alternative transportation provider to the community services board or its designee responsible for conducting the mental health or medical evaluation (see Va. Code § 37.2-808 (C-D) and § 16.1-340 for minors).
  5. Similarly, the issuing magistrate must identify within the TDO the law enforcement agency designated to execute the TDO and provide transportation of the respondent. Generally, the magistrate will select the primary law enforcement agency for the jurisdiction where the respondent resides to execute the TDO. The following exceptions apply to determining the law enforcement agency responsible for TDO execution and transport:
    1. If the nearest boundary of the jurisdiction where the respondent resides is more than 50 miles from the nearest boundary of the jurisdiction in which the respondent is currently located, the law enforcement agency of the jurisdiction where the respondent is presently located must execute the order and provide transportation of the respondent to the facility identified in the TDO (see Va. Code § 37.2-810).
    2. Magistrates have discretionary authority to designate an alternative transportation provider upon request. Alternative transportation providers are only authorized in cases in which a respondent is at risk to suffer passive harm (magistrates can still authorize an alternative transportation provider for a minor TDO in active harm cases as well – see Va. Code § 16.1-340.2).
    3. If the magistrate designates an alternative transportation provider, VCUPD officers will still serve the order on the subject, take them into custody, and transfer custody of the respondent to the alternative transportation provider identified in the order. In such cases, a copy of the TDO must accompany the respondent being transported at all times, and must be delivered by the alternative transportation provider to the community services board or its designee responsible for conducting the mental health or medical evaluation (see Va. Code § 37.2-810 (B)).
    4. VCU Police will not execute a TDO that is written to another facility.
  6. If the mentally ill person reports sickness or injury, based on its nature, the transport officer should have emergency medical technicians on the scene or hospital personnel examine them. The officer shall document the occurrence and any action taken within the narrative section of the Administrative Report.
  7. If the mentally ill person is suspected of carrying a communicable disease, such as AIDS or hepatitis, the transport officer shall adhere to the department’s prescribed protective procedures for infectious diseases delineated in Written Directive 6-10 Infectious Diseases.
  8. Restraining a Mentally Ill Custodial Arrestee
    1. The same procedures that pertain to the transport of a custodial arrestee apply to the transport of a mentally ill arrestee (see Written Directive 6-7 Handling and Transporting Custodial Arrestees for additional guidance).
    2. Mentally ill persons in VCUPD custody pursuant to an ECO or TDO shall be transported by a caged patrol vehicle or a police wagon. If neither is available, the officer may use their discretion in using another available patrol vehicle.
    3. The transporting officer shall ensure that the vehicle is thoroughly searched before and after transport, and that the arrestee is carefully patted down for any instruments that could possibly be used to inflict personal harm to the subject. Officers should use their best judgment when securing mentally ill persons in their custody.
      1. EXCEPTION: Subjects may be transported by ambulance when medically necessary; however, officers shall maintain custody under the ECO or TDO.
2. Custody of a Respondent Under an ECO or TDO
  1. While a respondent is in the custody of a VCUPD officer, the officer shall continuously monitor the respondent to ensure their safety and the safety of others. VCUPD officers must maintain visual contact with the respondent at all times.
    1. During this time, VCUPD officers shall limit their cell phone usage. Brief phone usage is acceptable; however, officers must remain attentive to the safety of the respondent and ensure the safety of others.
    2. VCUPD officers are prohibited from watching videos, playing games, or utilizing tablets, books or any other form of entertainment while a respondent is in their custody.
  2. A respondent shall remain in the custody of law enforcement until custody has been accepted by the facility designated in the TDO.
    1. Should an officer encounter an issue with delivering a respondent to the facility designated in a TDO, the officer shall consult with RBHA personnel for further guidance.
Interview and Interrogation of Mentally Ill Persons
1. Interviews and interrogations of persons believed to be mentally ill who are suspected of committing a criminal offense are to be conducted in the same manner as with all other suspects. A person who is determined to be mentally ill can still have the ability to knowingly and voluntarily provide a reliable statement.
2. In order to assist in the prosecution of such a subject, the officer/detective conducting the interview or interrogation shall pay specific attention to and take note of whether the subject answers basic questions appropriately, remains alert at the time that questioning occurs, and whether the subject demonstrates any indication of confusion or mental incapacity.
3. If an officer/detective believes that the subject’s mental state outweighs the seriousness of any applicable criminal charges, a mental health evaluation may be sought in accordance with the aforementioned ECO procedures.
Mentally Ill Students
1. Dependent students being treated for mental illness are governed by the VCU’s policy Parental Notification for Dependent Students Receiving Mental Health Treatment.
Mentally Ill Juveniles
1. All juvenile complaints of mental illness shall be transported to the pediatric emergency room at the Children’s Hospital of Richmond at VCU for evaluation. Parents or legal guardians or Child Protective Services staff must be available for all hospitalizations.
2. Juveniles under the age of 14 do not need an ECO or TDO to be placed into a mental health facility. The parents or legal guardians have the authority to place their own child into the facility. An ECO or TDO may be issued for juveniles under the age of 14 in instances in which the juvenile is beyond the control of the parent or guardian, and transportation of the juvenile might put the safety of involved individuals at risk.

Required Training

Sworn personnel shall receive entry-level and refresher training, at least biennially, on the procedures for handling mentally ill individuals, to include guidelines for recognizing indicators of mental illness and procedures for accessing on and off campus mental health resources.

Forms

Emergency Custody Order
Temporary Detention Order

Revision History

This policy supersedes the following archived policies:

6/17/2014 - 7-12 Handling Mentally Ill Subjects