Purpose:
This policy explains the procedure for initiating a Transport Hold for individuals in need of a mental health evaluation and who are in danger of harming themselves or others if not immediately detained.
Statutory Authority:
Police officers have authority to take an individual into custody for medical treatment, if they are in need of a mental health evaluation and are in danger of harming themselves or others if not immediately detained, under Minnesota Statutes section 253B.05, subdivision 2.
To exercise hold authority, officers should establish probable cause to believe that the person has the prerequisite mental state and is in danger of injuring self or others if not immediately detained. Minn. Stat. 253B.05 Subd.2(a). This means that a substantial likelihood of physical harm must be demonstrated by a known or reasonably believed overt act, such as a recent attempt or threat to harm self or others. Speculation as to whether the person may, in the future, attempt to threaten to harm self or others is not sufficient to justify a seizure of the person for examination – there must be a known or reasonably believed mental state and demonstrated imminent danger.
Officers must exercise judgment and discretion to decide whether to take an individual into custody for evaluation or treatment. The language of the statute indicates the officer “may” take a person into custody; it is not a directive for action.
Transport Hold Form:
Upon initiating a hold on an individual, the detaining officer must complete the Transport Hold Form (in the medical field this form is referred to as a Peace or Health Officer Authority Form or PHOA). The form should be given to the ambulance crew or medical facility depending on transportation method.
Transportation:
Mental health disorders are a medical condition. Therefore, the preferred method of transportation is by ambulance. Officers have discretion to provide transportation based on the totality of the circumstances, including the best interests of the individual in crisis.
Reports:
It is important that the department captures relevant data regarding the use of the transport authority by officers. Any officer initiating a Transport Hold on an individual must also complete a Crisis Response Report or offense incident report prior to the end of their tour.
Notifications:
Statute requires the listing of information that identifies anyone, other than the individual in crisis, who may be in specific danger relating to the reason for the Transport Hold. This may be the person that called the police for assistance. There is a line on the Transport Hold Form that requires officers to identify the name and contact number of that person potentially in danger.
The medical facility is required to notify the police agency in the event a held patient is released prior to 72 hours. This notification will be made by the medical facility to the Mental Health Unit through e-mail to SPPD-mentalhealth@ci.stpaul.mn.us or by telephone at (651) 266-5840.
The notification will be monitored by the department’s Mental Health Unit Coordinator. Any further notifications to be made will be completed at their discretion based on risk factors. These risk factors may include, but are not limited, to the following:
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Circumstances of the initial police contact
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Circumstances of the Transport Hold
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Relationship between the endangered person and the individual in crisis
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Criminal history of the individual in crisis.
Revised May 10, 2019