Emergency Detention

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008
Policy Number
Policy 10-7
Reevaluation Date
2011
No. of Pages
8
Subject
EMERGENCY DETENTION
Special Instructions:
Replaces current policy Section III, Chapter III, dated 07-28-03

  1. PURPOSE

    The purpose of this policy is to establish guidelines when a citizen in need of protective services requires involuntary placement in a facility.

  2. POLICY

    It is the policy of the Fox City Police Department to respond to the needs of those citizens requiring protective services.

  3. DEFINITIONS

  4. Mental Illness:
    A substantial disorder of thought, mood, perception, orientation, or memory, which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism

    Drug Dependant:
    Persons who use one or more drugs to the extent of substantially impairing their health or considerably disrupting their economic functioning

    Developmental Disablity:
    A disability attributable to brain injury, autism, Prader-Willi syndrome, mental retardation or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual; “developmental disability” does not include senility, which is primarily caused by the process of aging or the infirmities of aging.

    EM-1:
    An official document used for emergency detentions, also known as “Officer’s Statement of Emergency Detention”

    Incapacitated By Alcohol:
    A person who, because of the use of or withdrawal from alcohol, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of making a rational decision; this can be evidenced objectively by such indicators as extreme physical debilitation, physical harm or threats of harm to himself or herself or to any other person, or to property

    Intoxicated Person:
    A person whose mental or physical functioning is substantially impaired because of the use of alcohol

  5. EMERGENCY DETENTION (EM-1) PROCEDURES

    1. Justification for Emergency Detention

      Emergency detention of individuals is allowable under provisions of Sec. 51.15, Wisconsin State Statutes. Law enforcement officers may place a person under an emergency detention if they believe an individual is mentally ill, drug dependent, and/or developmentally disabled, and any of the following is evident:

      1. Recent threats of or attempts at suicide, or serious bodily harm that manifests a substantial probability that a person may cause physical harm to himself/herself.

      2. Recent behavior that is violent or homicidal that manifests a substantial probability that a person may cause physical harm to another.

      3. Persons are in reasonable fear of violent behavior and serious physical harm from another as indicated by a recent overt act, attempt, or threat to do serious physical harm.

      4. The eventuality of death or serious physical debilitation or disease is quite probable unless the person receives prompt and adequate treatment for his/her condition.

    3. Chronic or Non-Urgent Situations

      Officers may be called to assist in handling a problem that involves a mentally ill, drug dependent, and/or developmentally disabled person who does not present an immediate threat. Before affecting an emergency detention, officers should consider:

      1. If reasonable provisions for the individual’s treatment and protection are available in the community.

      2. If the individual can receive protection placement under Wisconsin State Statute 55.06, Protective Services for Adults.

      3. If the individual is a minor, he/she is appropriate for services under:
        1. Section 48.13(4) Wis. State Statutes - Parents Unable to Provide Control or Necessary Care or Treatment for a Child; or
        2. Section 48.13(11) Wis. State Statutes - Severe Emotional Damage and Parent Unwilling to Provide Treatment.


      5. If the individual’s condition is likely due to intoxication alone, an emergency detention is not warranted. Officers should proceed as specified in Paragraph V.B.– Alcohol Holds.

    5. No Justification for Emergency Detention

      1. If an officer conducts an investigation and determines that there are no grounds for an emergency detention, the officer may do any of the following in an attempt to assist or provide services:
        1. Put the subject in contact with or transport the subject to the Crisis Center.
        2. Recommend another agency to assist the subject.
        3. Make appropriate referral to Foxmoore County Human Service by means of a report.


      3. No individual will be detained or forcibly transported to the Crisis Center if an officer does not have grounds for an emergency detention.

    7. Officer Has Determined Emergency Detention (EM-1) Is Warranted

      1. Medical Attention Required
        1. If medical attention is necessary due to injury, physical illness, overdose, or intoxication, the person will be transported to a medical facility.
        2. Officers will complete form EM-1.
        3. Officers will remain at the hospital if there is danger to the hospital staff or if requested by hospital staff.
        4. An incident report is required; the subject is not listed as having been arrested, but a subject sheet will be completed. The complainant and any witnesses will be listed on the Victim/Witness Information form.
        5. The hospital will notify the police department when the subject is medically cleared, and an officer will transport the subject to the Crisis Center unless:
          1. The subject is combative or dangerous, in which case the subject will be transported to the Mental Health Center.


      3. No Medical Attention Needed
        1. If no medical attention is required and the subject is cooperative, officers should transport the subject to the Crisis Center.
        2. Officers should brief the Crisis Center staff as to the circumstances surrounding the officers’ contact with the subject and the reason for transport to the facility.
        3. Officers will remain at the Crisis Center if requested.
        4. If the Crisis Center concurs that the subject should be placed under emergency detention, officers will complete an EM-1 form, Officer Narrative of Emergency Detention, Victim/Witness form, and Suspect Information.


      5. Report and Paperwork Requirements
        1. An officer will complete all paperwork as soon as possible after doing an emergency detention. Although a detained person may be admitted to a hospital for medical clearance, the detaining officer must complete all paperwork.
        2. Complete form EM-1, Incident Report with documentation of the incident in the probable cause section of the Incident/Complaint form or Officer Narrative form, Victim/Witness form, and the Suspect information form for the person being detained.


  7. POLICE PROTECTIVE CUSTODY (ALCOHOL HOLD)

    1. Justification for Alcohol Hold

      1. According to 51.45(11)(b) Wisconsin State Statutes, a person who appears to be incapacitated by alcohol shall be placed under protective custody by a law enforcement officer. A person, as a result of use or withdrawal from alcohol, is deemed to be incapacitated by alcohol if any of the following exist:
        1. The person is unconscious.
        2. The person has impaired judgment such that he/she is incapable of making a rational decision as evidenced objectively by such indicators as extreme physical debilitation and/or physical harm or threats of harm to himself or herself or to any other person or to property.


      3. If an officer has established that a person is incapacitated by alcohol, the officer will take the person into protective custody.

      4. If there is no justification for the alcohol hold, the officer may attempt to assist the person by doing any of the following:
        1. Place the person with an alternative caregiver and provide any reasonable transport that may be required.
        2. Transport the person home.


    3. Officer Has Determined Protective Custody Is Warranted (Alcohol Hold)

      1. Medical Attention Required
        1. A subject may require medical attention due to injury, physical illness, unconsciousness, or inability to walk because of extreme intoxication; the person will be transported to the medical facility. Officers should immediately inform hospital staff of the officers’ intention to hold the subject on an alcohol hold.
        2. Officers will remain at the hospital if there is danger to the hospital staff or if so requested by hospital staff.
        3. An incident report is required.
        4. The hospital will notify the police department when the subject is medically cleared, and an officer will transport the subject to the Foxmoore County Mental Health Center.


      3. No Medical Attention Required
        1. Officers should telephone the nursing supervisor at Foxmoore County Mental Health Center and brief him/her as to the circumstances of the case
        2. If the Foxmoore County Mental Health Center nursing supervisor approves direct admission, officers will complete the required paperwork.


      5. Required Paperwork
        1. An officer will complete a case report and alcohol hold form as soon as possible after doing an alcohol hold. Although a detained person may be admitted to a hospital for medical clearance, the detaining officer must complete all paperwork.
        2. Alcohol Hold / Protective Custody Form: A copy is turned in with the case report
        3. Case Report: Detained subject is not listed as being arrested.
        4. Alcohol hold paperwork does not go in the EM-1 folder.





Fox City Medical Center

750 Stadium Drive
Fox City, WI 22222
999.533.1221
This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.