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STOCKTON POLICE DEPARTMENT <br /> GENERAL ORDER <br /> MENTALLY ILL <br /> SUBJECT <br /> DATE: March 1,2005 NO: D-11 <br /> FROM CHIEF THOMAS T. MORRIS TO:ALL PERSONNEL <br /> INDEX: Mentally III <br /> Handling the Mentally III <br /> I. POLICY <br /> Sworn personnel will take into custody persons falling within the provisions of Welfare and Institutions Code <br /> (W&I)Section 5150. <br /> It. LAW <br /> A. State law determines that the San Joaquin county Mental Health Service is responsible for care of <br /> the mentally ill. <br /> B. Section 5150 W&I states in part: <br /> 1. When any person,as a result of mental disorder,is a danger to others,or to himself or <br /> herself,or gravely disabled,a peace officer, member of the attending staff,as defined by <br /> regulation,of an evaluations facility designated by county,designated members of a <br /> mobile crisis team provided by Section 5651.7 W&I,or other professional persons <br /> designated by the county may, upon probable cause,take,or cause to be taken,the <br /> person into custody and place him/her in a facility designated by the county and approved <br /> by the State Department of Mental Health as a facility of 72 hour treatment and evaluation. <br /> C. Section 5150.1 W&I states: <br /> 1. No peace officer seeking to transport,or having transported a person to a designated <br /> facility for assessment under Section 5150 S&I shall be instructed by mental health <br /> personnel to take or keep the person at a jail solely because the unavailability of an acute <br /> bed, nor shall the peace officer be forbidden to transport the person directly to the facility. <br /> No mental health employee from any agency,state,city,or private agency providing <br /> Short-Doyle psychiatric emergency service shall interfere with a peace officer performing <br /> duties under Section 5151 W&I by preventing the peace officer from entering designated <br /> facilities with the person to be assessed, nor shall any employee of such an agency <br /> require the peace officer to remove the person without assessment as a condition of <br /> allowing the peace officer to depart. "Peace Officer"for the purpose of this section also <br /> means a jailer seeking to transport or who are transporting a person in custody to a <br /> designated facility for assessment consistent with Section 4011.6 or 1011.9 of the Penal <br /> Code and Section 5150 W&I. <br /> D. Section 5150.2 W&I states: <br /> 1. In each county whenever a peace officer has transported a person to a designated facility <br /> for assessment under Section 5150 W&I,that officer shall be detained no longer than the <br /> time necessary to complete documentation of the factual basis of the detention and a safe <br /> and orderly transfer of physical custody of the person. The documentation shall include <br /> detailed information regarding the factual circumstances and observations constituting <br /> probable cause for the peace officer to believe that the individual required psychiatric <br /> evaluation under the standards of Section 5150 W&I. Each county shall establish <br /> disposition procedures and guidelines with local law enforcement agencies as necessary <br /> to relate to persons not admitted for evaluation and treatment and who decline alternative <br /> mental health services and to relate the safe and orderly transfer of physical custody of <br /> persons under Section 5150 W&I, including those who have a criminal detention pending. <br /> Ill. PROCEDURE <br /> D-11 <br /> Page 1 of 5 <br />