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E.P.P. 023 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 23 SUBJECT: CRISIS INTERVENTION PROCEDURES EFFECTIVE: SEPTEMBER 12, 2018 REVISED: MAY 1, 2024 ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 1 of 13 I. PURPOSE: The purpose of this policy is to establish uniform procedures and guidelines for members to respond to and investigate persons in crisis. II. SCOPE: It is the policy of the Longwood Police Department to train its members in Crisis Intervention and outline specific training and deployment procedures for the response to involuntary examinations for mental illness and protective custody for substance abuse services in accordance with Florida State Statutes (394.) Florida Mental Health Act, (397.) Substance Abuse Act and (790.401) regarding Risk Protection Orders. III. DEFINITIONS: A. Crisis Intervention Team (CIT) – Sworn officers specially trained and designated to manage situations involving the mentally ill in crisis. B. Mental Illness – A range of conditions, each with its own specific characteristics including, but no limited to: 1. Schizophrenia 2. Bipolar and related disorders 3. Depressive disorders 4. Post-traumatic stress disorder (PTSD) 5. Other personality disorders. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 2 of 13 6. Other mental illnesses as defined in the DSM-V (Diagnostic and Statistical Manual of Mental Disorders 54th Edition) as published by the American Psychiatric Association) that can cause disturbances in the thinking, feeling and relating with others or the environment. C. Service Provider - a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital, as defined by F.S.S. Chapter 397 IV. CRISIS INTERVENTION TEAM (CIT) TRAINING: CIT Team members and school resource officers will attend the basic 40-hour CIT training. All sworn members will attend crisis intervention training approved by the chief of police. V. UTILIZATION OF A CIT TRAINED MEMBERS: A. When possible, a CIT trained officer shall be dispatched to calls or incidents involving a confirmed or suspected mentally ill person in crisis. A crisis could consist of a person having delusions, refusing to take prescribed medications, erratic behavior, causing a disturbance, threats or occurrence of self-injury, threats or occurrence of injury to another, talking to themselves or other activity or behavior that causes alarm or concern to the average person. B. Unless the call is a high-risk incident, the first CIT officer on the scene shall be responsible for the entire call or incident, to include dialogue with the mentally ill person and determining appropriate action to be taken. Other officers on the scene shall provide backup as needed. The CIT officer shall maintain responsibility of the call or incident until completed or relieved by a supervisor. C. If a mentally ill person meets the criteria and is taken into custody for involuntary examination (F.S.S. 394.463) or protective custody (F.S.S. 397.677), the officer will take that person into custody pursuant to the directives in this policy. D. In the event the person being transported to jail has made threats to harm themselves or another, a mental health referral form shall be completed and submitted to the booking officer along with the arrest affidavit. VI. INVOLUNTARY EXAMINATIONS: It is the policy of the Longwood Police Department to transport individuals to mental health facilities for evaluations when the responding officer determined that the individual meets the criteria set forth in Florida State Statute 394.463-Involuntary Examination. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 3 of 13 VII. PROCEDURES FOR INVOLUNTARY EXAMINATIONS: Members shall adhere to the following procedures as they relate to the criteria and transportation of individuals for the purpose of an Involuntary Examination. A. Members shall utilize the following criteria to determine if an individual is in need of an Involuntary Examination: 1. The member has reason to believe that the individual is mentally ill and because of his/her mental illness: a. the person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or b. the person is unable to determine for him or herself whether examination is necessary. 2. Without care or treatment, the person is likely to suffer from neglect or refuse to care for him or herself. Such neglect or refusal poses a real and present threat of substantial harm to his or her well-being, and it is not apparent such harm may be avoided through the help of willing family members or friends or the provision of other services; or 3. There is substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior. NOTE: Anti-social behavior, developmental disabilities, substance abuse and intoxication are not mental illnesses, and the observations of these alone will not be the sole basis for an involuntary examination. B. Members shall take a person who appears to meet the criteria for Involuntary Examination into custody and deliver the person or have him or her delivered to the appropriate receiving facility for examination. The appropriate receiving facility is that facility closest in proximity to Longwood Police Department jurisdiction. C. Persons who are physically aggressive and who are considered to be dangerous to themselves or others shall be followed to the appropriate receiving facility by the investigating member if the person is transported by other means (i.e. ambulance). D. At the appropriate receiving facility, the investigating member shall turn the person over to the facility staff and complete all necessary reports and forms. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 4 of 13 E. Members accompanying persons who are being admitted to a hospital emergency room under Involuntary Examination shall remain with the person until the person is secured in the appropriate treatment area or the member is released by the attending physician. F. Members shall be responsible for furnishing the appropriate paperwork for persons admitted under officer initiated Involuntary Examination. G. Members shall obtain a copy of the Involuntary Examination paperwork for report purposes. VIII. JUVENILE PROCEDURES FOR INVOLUNTARY EXAMINATION: A. Members will make reasonable effort to notify a parent or guardian prior to taking a juvenile into custody for an involuntary examination and allow the parent or guardian the opportunity to permit voluntary examination. IX. INVOLUNTARY EXAMINATION REPORTS: A. To admit an individual for Involuntary Examination a member is required to complete State Form 3052A detailing the circumstances under which the person was taken into custody. The form is then made a part of the person’s clinical record. B. Members shall also complete a Cafe CIT Intelligence (IT) report and submit a copy of the completed Form 3052A to records. C. State Form 3052 is a confidential portion of the patient’s medical record and will not be released to the public. Police reports are public records and must be reviewed and redacted as required by public record laws prior to release. D. If the individual being committed is making threats to harm themselves or others, and the officer believes they possess or have access to firearms, the officer will document those circumstances with specificity in the police report. Additionally, if witnesses are providing information regarding the threats, the officer shall attempt to gain sworn witness statements from those individuals documenting the threats and access to firearms. E. Police reports of individuals making threats to harm themselves or others, with possession or access to firearms, will be forwarded up the chain of command for review and consideration for a Risk Protection Order. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 5 of 13 X. REQUESTS FOR INVOLUNTARY COMMITMENT BY MEDICAL PROFESSIONALS OR EXCECUTING EX PARTE ORDERS: A. If an officer responds to a medical office/facility and the attending physician, clinical psychologist, psychiatric nurse, or clinical social worker is recommending the initiation of an Involuntary Examination, the officer may initiate an Involuntary Examination on the person only if the officer makes their own determination the behavior meets the criteria for an Involuntary Examination. B. A physician, clinical psychologist, psychiatric nurse, or clinical social worker may execute a certificate stating he or she has examined the person within the preceding 48 hours and finds the person appears to meet the criteria for Involuntary Examination and stating the observations upon which that conclusion was based. Officers will transport those who are involuntarily committed by certificate of a medical professional. It is the officer’s responsibility to document the incident on the officer’s call screen. The documentation must include a reason for the individual being transported including the name and authority of the physician or other individual requesting the transport. C. Municipal police agencies do not have the authority to serve or transport a mental health patient based on a Court’s ex parte order. Transportation of a mental health (and a substance abuse) ex parte order must be served by the Sheriff’s office. D. When the agency is requested to serve an ex parte order under F.S. 394 or F.S. 397, agency members shall refer and/or transfer the caller/requestor to the Seminole County Sheriff’s Office. Officers should not serve the order or transport that person as it is outside of the agency’s legal authority. XI. COLLECTION AND RELEASE OF FIREARMS COLLECTED DURING AN INVOLUNTARY EXAMINATION: A. Collection of firearms during an Involuntary Examination investigation. 1. Pursuant to F.S.S. 394.463(2)(d), a law enforcement officer taking custody of a person for an Involuntary Examination, may seize and hold a firearm(s) or any ammunition the person possesses, if at the time of the taking them into custody: a. The person poses a potential danger to himself/herself or others; and b. The person has made a credible threat of violence against another person. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 6 of 13 2. If the above criteria are not met, the officer may only collect a firearm(s) from the individual’s possession under another theory of law (consent, evidence of a crime, etc.) 3. If a firearm is present and the criteria to seize the firearm are not met, the officer should ask for consent to see if the individual will voluntarily surrender the firearm(s). The officer may choose to also ask if the individual would be willing to give the firearm(s) to a third party who is legally able to possess a firearm. 4. If the individual refuses, and there is not a safe location to leave the firearm (i.e.: on the side of the road), then the officer may keep the firearm(s) for safekeeping. 5. Under no circumstance, will individuals be permitted to transport firearms on their person within a squad car or introduce the firearm into the receiving facility. B. Release of firearms taken during an Involuntary Examination investigation. If a request is made to return a firearm or weapon to a person who has been taken into custody in an Involuntary Examination investigation under F.S.S. 394, the custodian of Property and Evidence will conduct a full background check to determine if the weapon or firearm may be released under State and Federal Law. At the completion of the background check, the findings will be presented to the Criminal Investigations supervisor to ensure that any potential release complies with State and Federal Laws. Once approved, the firearm(s) and any ammunition, if applicable, will be returned to the owner as stated in E.P.P. 11- the Evidence Collection policy. XII. PROTECTIVE CUSTODY FOR SUBSTANCE ABUSE SERVICES Officers shall adhere to Chapter 397 of the Florida State Statutes (The Hal S. Marchman Alcohol and Other Drug Services Act of 1993) when implementing protective custody measures for any adult or minor who appears to meet the criteria for substance abuse impairment as outlined in this chapter. XIII. PROCEDURES FOR INTOXICATED PERSONS Members of the Longwood Police Department coming in contact with any person appearing to be substance abuse impaired and in the need of assistance shall: A. Remove the subject from any danger, i.e., roadway, etc. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 7 of 13 B. Search the subject for any identifying device indicating any medical disabilities, i.e., Medic-alert bracelets or necklaces, etc. 1. If the subject has a disability related to medical problems, take immediate steps to insure proper medical treatment. 2. Have Fire/Rescue respond, if needed. Fire/Rescue will determine if the individual requires transportation to a medical facility. C. Determine whether or not the subject has committed any criminal acts. D. If the subject has committed a criminal act: 1. Arrest and have the subject medically cleared. 2 Transport the prisoner to the Seminole County Jail. E. When the subject has not committed a criminal act and he/she consents, the subject may be transported (by cab or a responsible person) to: 1. The subject’s home. 2 A service provider/receiving facility. XIV. PROTECTIVE CUSTODY FOR SUBSTANCE ABUSE SERVICES When the subject is incapacitated or refuses consent, the subject may be admitted involuntarily if the following criteria established in F.S.S. 397.675 is met. A. The person has lost the power of self-control with respect to substance use; and either: 1. Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on him/herself or another; OR 2. Is in need of substance abuse services and, by reason of substance abuse impairment, his/her judgment has been so impaired the person is incapable of appreciating his/her need for such services and of making a rational decision in regard thereto; however, mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his/her need for services. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 8 of 13 B. The subject shall be transported to: 1. A Hospital. 2. A service provider. 3. The Seminole County Jail. 4. If necessary, and for medical reasons only, members may take a subject into protective custody under the provisions of Involuntary Examination (F.S.S. 394.463) if those criteria are also met. C. The member taking an adult into protective custody involuntarily shall notify the nearest relative, unless the adult requests that there be no notification. XV. RISK PROTECTION ORDER A. The purpose of the Risk Protection Order (RPO) section is to ensure all officers understand and follow the requirements placed on them by the Risk Protection Order Act (F.S.S. 790.401). All officers shall understand this act was created to temporarily prevent individuals who are at high risk of harming themselves or others from accessing firearms or ammunition by allowing law enforcements officers to obtain a court order prohibiting such access. The petition for a Risk Protection Order must show there is demonstrated evidence that a person poses a significant danger to himself/herself or others, including significant danger as a result of a mental health crisis or violent behavior. 1. All members shall receive initial training in reference to the policy and procedures pertaining to Risk Protection Orders. 2. A law enforcement officer or law enforcement agency may file a petition for an RPO. An action under Section 790.401, Florida Statutes must be filed in the county where the petitioner’s law enforcement office is located or the county where the respondent resides. Such petition for an RPO does not require either party to be represented by an attorney. 3. A petition must: a. Allege that the respondent poses a significant danger of causing personal injury to himself/herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 9 of 13 give rise to a reasonable fear of significant dangerous acts by the respondent. b. Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent’s current ownership, possession, custody, or control. c. Identify whether there is a known existing protection order governing the respondent under Sections 741.30, 784.046, or 784.0485, Florida Statutes, or any other applicable statute. 4. Once an RPO is issued and served upon a respondent, the respondent is prohibited by law from having firearms or any ammunition in his/her custody or control, and from the purchase, possession, or receipt of any firearm or ammunition. A violation of the RPO after knowledge that the respondent is subject to an RPO is a third degree felony and violation of Section 790.401(11)(b), Florida Statutes. B. If an officer determines that a Risk Protection Order might be appropriate, the officer shall contact the on-duty patrol supervisor to initiate the following response: 1. The responding officer shall collect affidavits from witnesses, setting forth the supporting basis for an RPO petition, (which must be based on firsthand knowledge) utilizing the RPO forms accessible through SCSOnet. 2. The petitioning officer must make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an RPO or has already done so and must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice. C. The Seminole County Sheriff’s Office shall provide the following services outlined in the Risk Protection Order Filing Agreement: 1. File all Petitions for Risk Protection Orders including requests for Temporary Risk Protection Orders (TRPO), handle all legal aspects including hearings, Motions to Extend, Motions to Vacate, and all appeals from matters arising from the filing of an RPO. 2. Maintain all template forms for use in the Risk Protection Order process. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 10 of 13 3. Serve all required Notices of Hearing, Petitions, TRPOs and RPOs on the respondent, enter all orders into required databases, file all returns and surrender receipts with the court. 4. Notify Longwood Police Department when a Risk Protection Order is no longer in effect. D. Surrender of Firearms/Ammunition 1. Once a TRPO or RPO has been issued by the court, the following shall occur: a. Longwood Police officers shall escort SCSO’s Civil Process Division to serve the order. b. The respondent is required to immediately surrender all firearms and ammunition in his or her custody, control, or possession and any license to carry a concealed weapon or firearm issued under Section 790.06, Florida Statutes. c. The escorting officer shall take into possession any firearms, ammunition, concealed weapon permit surrendered by the respondent and submit into Property and Evidence. d. The officer should provide the respondent with a receipt for his or her firearms, ammunition, and license to carry a concealed weapon or firearm, if applicable. A copy should be given to the SCSO process server to be filed with the Clerk of Court. e. Once a respondent is made aware that he/she is the subject of an RPO, it is a third degree felony to possess firearms and/or ammunition. If the respondent is not cooperative after being advised that he/she is the subject of an RPO, officers should determine whether they have probable cause to believe the person is in possession of firearms or ammunition. f. If the officer has probable cause to believe there are firearms or ammunition owned by the respondent in his/her custody, control, or possession which have not been surrendered, the patrol supervisor shall be notified to initiate seeking a search warrant. 2. There may be situations where immediate surrender of firearms and ammunition is impossible, such as when the respondent is in jail or a patient at a treatment facility. Regardless of the situation making it ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 11 of 13 impossible for a person to immediately comply with an RPO, he/she is still responsible for complying with the RPO as soon as possible once the condition prohibiting their immediate compliance ends (i.e. the respondent is released from jail or treatment facility). In these situations, the RPO will direct the respondent to surrender their firearms and ammunition at the local law enforcement agency in the jurisdiction where the respondent resides. 3. If an individual makes contact in the field or arrives at the police department to surrender their firearms and ammunition, officers shall be dispatched to accept the surrender. The officers accepting the surrender shall: a. Identify the respondent by government issued photo identification. b. Complete a property receipt, and provide a copy of the receipt to the respondent. c. Email a copy of the receipt to RPOrequest@seminolesheriff.org E. Transfer of Firearms and Ammunition 1. A respondent may elect to transfer all firearms and ammunition owned by the respondent that have been surrendered or seized by law enforcement to another person who is willing to receive the respondent’s firearms and ammunition. The agency must allow such a transfer only if it is determined that the chosen recipient: a. Currently is eligible to own or possess a firearm and ammunition under federal and state law after confirming through a background check; b. Attests to storing the firearms and ammunition in a manner such that the respondent does not have access to or control of the firearms and ammunition until the RPO is vacated or ends without extension; and c. Attests not to transfer the firearms or ammunition back to the respondent until the RPO against the respondent is vacated or ends without extension. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 12 of 13 F. Return and Disposal of Firearms and Ammunition 1. Any firearms or ammunition seized or surrendered under this policy, must be made available for return to the subject no later than 24 hours after the person can document that they are no longer subject to involuntary examination and have been released or discharged from any inpatient or involuntary outpatient treatment program ordered, unless: a. An RPO directs the Longwood Police Department to retain the firearm and ammunition seized or surrendered for a longer period, or b. The person is subject to a firearm purchase disability under Section 790.065(2), Florida Statute, or firearm possession or firearm ownership disability under 790.064, Florida Statute. c. The actual return of the firearms or ammunition must not take more than seven (7) days. 2. If an RPO is vacated or ends without extension, a law enforcement agency holding a firearm or any ammunition owned by the respondent or a license to carry a concealed weapon or firearm held by the respondent, that has been surrendered or seized pursuant to Section 790.401, Florida Statutes, must return such surrendered firearm, ammunition, or license to carry, as requested by a respondent only after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition under federal and state law and after confirming with the court that the RPO has been vacated or has ended without extension. The department is not under an obligation to notify a respondent of an expired RPO. 3. Notice must be given to any family or household members of the respondent before returning any surrendered firearm and ammunition owned by the respondent. 4. Any firearm and ammunition surrendered by a respondent pursuant to an RPO which remains unclaimed for one year by the lawful owner after an order to vacate the RPO shall be disposed of in accordance with any existing policy. XVI. JUVENILES PROCEDURES A. In cases involving juveniles, members shall notify the parent, guardian or nearest relative of the child. Every effort should be made to have the child returned home to his/her parent or guardian. ENFORCEMENT POLICY AND PROCEDURE CRISIS INTERVENTION PROCEDURES EPP – 23 Page 13 of 13 B. If a juvenile is placed under arrest, he/she shall be transported to the Juvenile Assessment Center (JAC). If the juvenile is not under arrest, the juvenile may be taken to the appropriate receiving facility if a parent or guardian is unavailable. XVII. PROTECTIVE CUSTODY FOR SUBSTANCE ABUSE SERVICES REPORTING REQUIREMENT For all involuntary transports for protective services for substance abuse services, members shall prepare a Café CIT Intelligence (IT) report and include the protective custody for substance abuse services form, if applicable. XVIII. USE OF FORCE DURING PROTECTIVE CUSTODY AND INVOLUNTARY ADMISSIONS: If the individual who is being involuntarily committed or taken into protective custody under Involuntary Examination or protective custody for substance abuse services statutes is actively resisting being taken into custody, then the minimal amount of force necessary to take the person into custody should be used. If the subject of admission becomes a danger to the officer or others, and force is required, officers may use force in compliance with policy and law. If the subject is located within their own residence alone without anyone else in danger and has rejected assistance, the officer shall consider leaving the individual in their residence without forced entry if no other exigent circumstances exist. XIX. TRANSPORTATION OF PERSONS WHEN ADMISSION IS VOLUNTARY: A. The transportation of a person for voluntary admission to a treatment facility shall be accomplished by family members in a private vehicle, if possible. B. A private request for ambulance transportation should be considered as the most appropriate alternative. The relationship of the police officer in the case of voluntary admissions is advisory only. If family members are not available, the officer may provide transportation, with permission of a supervisor. C. Any doubts concerning the procedures specified in this policy should be resolved in favor of protection of life and property of citizens and members. XX. PROTECTION OF DEPARTMENT MEMBERS: Officers acting in good faith in compliance with the provisions of the Involuntary Examination statute or protective custody for substance abuse services are immune from civil or criminal liability for their actions in connection with the admission, diagnosis, treatment or discharge of a person to and from a facility.