HCSD — Standard Operating Procedures

430.1 PURPOSE AND SCOPE

This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. Interaction with such individuals has the potential for miscommunication and violence. It often requires a deputy to make difficult judgments about a person’s mental state and intent in order to effectively and legally interact with the individual.

430.1.1 DEFINITIONS

Definitions related to this policy include:

Person in crisis — A person whose level of distress or mental health symptoms have exceeded the person's internal ability to manage his/her behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; non-compliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment.

Special Relationship — A special relationship, between a member of the HCSD and the public, is created when either of the following occurs:

• A Deputy makes a representation (express or implied) that is detrimentally relied upon and causes a foreseeable harm.

• A Deputy engages in an affirmative act that increases the foreseeable risk of harm to an individual.

430.2 POLICY

The Hartwell County Sheriff’s Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. The Office will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved.

430.3 SIGNS

Members should be alert to any of the following possible signs of mental health issues or crises:

• A known history of mental illness
• Threats of or attempted suicide
• Loss of memory
• Incoherence, disorientation or slow response
• Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas
• Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt
• Social withdrawal
• Manic or impulsive behavior, extreme agitation, lack of control
• Lack of fear
• Anxiety, aggression, rigidity, inflexibility or paranoia Members should be aware that this list is not exhaustive. The presence or absence of any of these should not be treated as proof of the presence or absence of a mental health issue or crisis.

430.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS

The Sheriff's designee will collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources, to guide office interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis.

Deputies will involve our Mobile Intervention Services Team (MIST) whenever practical and appropriate. If MIST is not available, details of the incident should be forwarded to them for follow up.

430.5 FIRST RESPONDERS

Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to deputies; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit a deputy’s authority to use reasonable force when interacting with a person in crisis.

Deputies are reminded that mental health issues, mental health crises and unusual behavior alone are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.

A deputy responding to a call involving a person in crisis should:

• Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor.
• Request available backup deputies and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate.
• If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens.
• Attempt to determine if weapons are present or available.

1. Prior to making contact, and whenever possible and reasonable, conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System (CLETS) to determine whether the person is the registered owner of a firearm (Penal Code § 11106.4).

• Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the deputy.
• Secure the scene and clear the immediate area as necessary.
• Employ tactics to preserve the safety of all participants.
• Determine the nature of any crime.
• Request a supervisor, as warranted.
• Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions.
• If circumstances reasonably permit, consider and employ alternatives to force.

430.6 DE-ESCALATION

Deputies should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis.

Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally:

• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person's name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non-threatening manner.
• Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person's verbal communication).
• Provide for sufficient avenues of retreat or escape should the situation become volatile.

Responding deputies generally should not:

• Use stances or tactics that can be interpreted as aggressive.
• Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal.
• Argue, speak with a raised voice or use threats to obtain compliance.

**Deputies may choose not to make personal contact with someone in crisis, or to strategically disengage from a crisis situation where contact has already been made, when it is determined the primary concern is self-harm, and the subject has not committed a serious offense, and/or created an imminent deadly threat to the public, and that the risk of responding at the time, to all involved, is likely to lead to a violent confrontation.. This requires supervisor approval, and documentation in a written report.

In the event that a supervisor approves for Deputies to not make personal contact with someone in crisis, or to strategically disengage from a crisis situation where contact has already been made, they shall make sure Deputies still make all reasonable attempts to connect the subject in crisis to resources, including MIST and/or County Mental Health. Additionally, Deputies and/ or a Supervisor should explain the reasoning for this decision to family and/or neighbors that are affected. Deputies shall be cognizant of not creating any special relationships during dialogue with someone in crisis, and/or in dialogue with family members and/or neighbors.

If a supervisor elects to not have Deputies respond in person to attempt contact with a subject in crisis, deploying a drone to scout the location and/or attempt radio contact with the subject is strongly encouraged.

In addition to documenting a situation involving any of these circumstances in a written report, the approving Supervisor should consider a Disengagement/Reingagment plan, which includes notification to Administration, the Dispatch, and the oncoming Watch Commander.

430.7 INCIDENT ORIENTATION

When responding to an incident that may involve mental illness or a mental health crisis, the deputy should request that the dispatcher provide critical information as it becomes available. This includes:

• Whether the person relies on drugs or medication, or may have failed to take his/her medication.
• Whether there have been prior incidents, suicide threats/attempts, and whether there has been previous sheriff's response.
• Contact information for a treating physician or mental health professional.

Additional resources and a supervisor should be requested as warranted.

430.8 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to the scene of any interaction with a person in crisis. Responding supervisors should:

• Attempt to secure appropriate and sufficient resources.
• Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with timely access to medical care (see the Handcuffing and Restraints Policy).
• Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring.
• Ensure that all reports are completed and that incident documentation uses appropriate terminology and language.
• Conduct an after-action tactical and operational debriefing, and prepare an after-action evaluation of the incident to be forwarded to the Division Commander.

Evaluate whether a critical incident stress management debriefing for involved members is warranted.

430.9 INCIDENT REPORTING

Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances.

Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to office reporting procedures or other official mental health or medical proceedings.

430.9.1 DIVERSION

Individuals who are not being arrested should be processed in accordance with the Mental Illness Commitments Policy.

430.10 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS

Non-sworn members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request, and animal control issues.

• Members should treat all individuals equally and with dignity and respect.
• If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner.
• Members should be aware and understand that the person may make unusual or bizarre claims or requests.

If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the member to believe that the person may be harmful to him/herself or others, a deputy should be promptly summoned to provide assistance.

430.11 EVALUATION

The Division Commander designated to coordinate the crisis intervention strategy for this office should ensure that a thorough review and analysis of the office response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, deputies or incidents and will be submitted to the Sheriff through the chain of command.

430.12 TRAINING

In coordination with the mental health community and appropriate stakeholders, the Office will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis.

This office will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, welfare checks and crisis intervention (Penal Code § 11106.4; Penal Code § 13515.25; Penal Code § 13515.27; Penal Code § 13515.30).

430.13 CRISIS INTERVENTION TEAM

The Office utilizes Mobile Intervention Services Team (MIST) to increase how we effectively and compassionately respond to individuals experiencing mental health or behavioral crises. The Sheriff shall appoint a CIT/MIST coordinator who is responsible for developing written procedures and protocols including but not limited to

• Deployment protocols that detail when and how MIST is activated, including roles during crisis incidents and documentation requirements.
• Provision and maintenance of necessary equipment and resources to support crisis response and safe interactions.
• Initial and ongoing CIT training for Deputies.

1. All training and readiness exercises shall be documented.

• Operational procedures that include command structure, interagency coordination, communication protocols, and integration with other response units.
• Partnership and collaboration with mental health providers, social services, and community organizations.
• Post-incident debriefing and review to assess performance and identify lessons learned.

Public Recording of Law Enforcement Activity