GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: PATROL OPERATIONS
TITLE: INVOLUNTARY COMMITTMENTS
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
Embedded Files
INVOLUNTARY COMMITTMENTS
410.1 PURPOSE AND SCOPE
This policy provides guidelines for when officers may place a person in involuntary commitment.
410.2 POLICY
It is the policy of the Lincoln Police Department to protect the public and individuals through legal and appropriate use of the involuntary commitment process.
410.3 AUTHORITY
An officer who has probable cause to believe a person poses a real and present threat of substantial harm to themselves or to others and has a mental illness shall contact a community health officer to respond to the scene. If the community health officer determines that the person appears to have a mental illness and poses a real and present threat of substantial harm to themselves or others, the officer shall take the person into custody and, together with the community health officer, deliver the person directly to an approved mental health facility (Ala. Code § 22-52-91; Ala. Code § 22-52-92). If the officer is told that the facility has determined that the person is not in need of emergency care or treatment for mental illness, then the officer shall cause the person to be released unless there is probable cause to detain the person other than the person's mental condition. If the person is released and requests transport, the officer shall bring the person to the person's residence or other place of abode if it is within the county (Ala. Code § 22-52-91).
410.3.1 VOLUNTARY EVALUATION
If an officer encounters an individual who may qualify for an involuntary commitment, he/she may inquire as to whether the person desires to be voluntarily evaluated at an appropriate facility. If the person so desires, the officer should:
(a) Transport or try to facilitate the transport of the person to an appropriate facility that is able to conduct the evaluation and admit the person.
If at any point the person changes his/her mind regarding voluntary evaluation, the officers should contact a community health officer to respond to the scene, if appropriate.
410.4 CONSIDERATIONS AND RESPONSIBILITIES
Any officer handling a call involving a person who may qualify for detention for the purpose of an involuntary commitment should consider, as time and circumstances reasonably permit:
(a) Available information that might assist in determining the possible cause and nature of the person's action or stated intentions.
(b) Community or neighborhood mediation services.
(c) Conflict resolution and de-escalation techniques.
(d) Community or other resources that may be readily available to assist with mental health issues.
While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others.
Involuntary commitments should be preferred over arrest for people who have mental health issues and are suspected of committing minor crimes or creating other public safety issues.
410.5 TRANSPORTATION
When transporting any individual for an involuntary commitment, the transporting officer should have Communications notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual, and whether any special medical care is needed (Ala. Code § 22-52-10.7).
Officers may transport individuals in the patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Watch Commander approval is required before transport commences.
410.6 TRANSFER TO APPROPRIATE FACILITY
Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. The officer should remain present to provide clarification of the grounds for detention, upon request.
Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officermay assist with transferring the individual to facility restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints.
410.7 DOCUMENTATION
The officer should complete a report of the incident.
The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention.
410.8 CRIMINAL OFFENSES
Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken into custody through an involuntary commitment should resolve the criminal matter by issuing a warning or a citation, as appropriate.
When an individual who may qualify for an involuntary commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should:
(a) Arrest the individual when there is probable cause to do so.
(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the detention.
(c) Facilitate the individual’s transfer to jail.
(d) Thoroughly document in the related reports the circumstances that indicate the individual may qualify for an involuntary commitment.
In the supervisor’s judgment, the individual may instead be evaluated by a community health officer for transport to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard), and other relevant factors in making this decision.
410.9 FIREARMS AND OTHER WEAPONS
Whenever a person is taken into custody for an involuntary commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent).
Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful warrantless entry has already been made (e.g., exigent circumstances, consent). A warrant may also be needed before searching for or seizing weapons.
The handling officer should further advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody.
410.10 TRAINING
This department will endeavor to provide department-approved training on interaction with mentally disabled persons, involuntary commitments, and crisis intervention.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
Page updated
Google Sites
Report abuse