Mental Health
Policy text
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Source file: 1.13 Mental Health.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 1.13
Subject:
MENTAL HEALTH
Issuing Authority: Effective Date: Review Date:
Chief of Police 01/01/14 06/29/2023
References:
Review
Revision 10/26/2014
Reissued 02/07/2015
Dates: 02/01/2017
1/13/2019
5/19/2020
6/01/2022
CALEA STANDARDS
41.2.5 41.2.7
GENERAL CONDITIONS AND GUIDELINES
Reaction to those suffering from mental health issues covers a wide range of human response.
People afflicted with mental illness are ignored, laughed at, feared, pitied and often mistreated by
the public. Unlike the general public, however, a police officer cannot permit personal feelings
to dictate his/her reaction to those suffering from a mental health issue. His/her conduct must
reflect a professional attitude and be guided by the fact that mental illness, standing alone, does
not permit or require any particular police activity. Individual rights are not lost or diminished
merely by virtue of a person's mental health condition. These principles, as well as the following
procedures, must guide an officer when his/her duties bring him/her in contact with a person
experiencing a mental health issue.
POLICY
It is the policy of the Canton Police Department that:
1. Officers shall afford all persons, including those experiencing a mental health issue, all
the individual rights to which they are entitled; and
2. Officers shall attempt to protect those experiencing a mental health issue from harm and
shall refer them to our agency’s mental-health clinician or to agencies or persons able to
provide services where appropriate.
3. Entry-level training of all agency personnel, including civilian personnel when
applicable, in handling those experiencing a mental health issue shall be provided. 41.2.7
(2E)
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4. Refresher training of all sworn personnel, and civilian personnel when applicable, in
handling those experiencing a mental health issue shall be provided at least every two (2)
years. 41.2.7 (2F)
PROCEDURES
I. Recognition and Handling 41.2.7 (2A)
A. An officer must be able to recognize an individual who is experiencing a mental
health issue if (s)he is to handle a situation properly.
1. Factors that may aid in determining if a person is suspected of suffering
from a mental illness are:
a. Severe changes in behavioral patterns and attitudes;
b. Unusual or bizarre mannerisms and/or appearance;
c. Distorted memory or loss of memory;
d. Hallucinations or delusions;
e. Irrational explanation of events;
f. Hostility to and distrust of others;
g. Fear of others such as paranoia;
h. Marked increase or decrease in efficiency;
i. Lack of cooperation and tendency to argue;
j. One-sided conversations; and
k. Lack of insight regarding his/her mental illness;
2. These factors are not necessarily, and should not be treated as, conclusive.
They are intended only as a framework for proper police response. It
should be noted that a person exhibiting signs of an excessive intake of
alcohol or drugs may also be mentally ill.
B. If an officer believes (s)he is faced with a situation involving a person
experiencing a mental health issue, (s)he should not proceed in haste unless
circumstances require otherwise. When dealing with persons they suspect are
experiencing a mental health issue during contacts on the street, a sworn officer
should: 41.2.7 (2C)
1. Be deliberate and take the time required for an overall look at the
situation. De-escalate the situation and calm things down when
circumstances allow;
2. Ask questions of persons available to learn as much as possible about the
individual. It is especially important to learn whether any person, agency
or institution presently has lawful custody of the individual, and whether
the individual has a history of criminal, violent or self-destructive
behavior.
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3. Call for and wait for a back-up officer. This includes calling dispatch for
a response from our agency’s in-house mental health clinician. It is
advisable to seek the assistance of professionals such as doctors,
psychologists, psychiatric nurses and clergy, if needed. The officers
should have telephone numbers and locations of crisis centers accessible.
4. It is not necessarily true that those experiencing a mental health issue will
be armed or resort to violence. However, this possibility should not be
ruled out and because of the potential dangers, the officer should take all
precautions to protect everyone involved.
C. It is not unusual for such persons to employ abusive language against others. An
officer must ignore verbal abuse when handling such a situation.
D. Avoid excitement. Crowds may excite or frighten those experiencing a mental
health issue. Groups of people should not be permitted to form or should be
dispersed as quickly as possible.
E. Reassurance is essential. An officer should attempt to keep the person calm and
quiet. (S)he should attempt to show that (s)he is a friend and that (s)he will
protect and help. It is best to avoid lies and not to resort to trickery.
F. An officer should at all times act with respect towards the individual experiencing
a mental health issue. Do not “talk down” to such a person or treat such a person
as “child-like.” A person experiencing a mental health issue may be both highly
intelligent and acting irrationally.
II. Taking a person experiencing a mental health issue into Custody
A. A person experiencing a mental health issue may be taken into custody if:
1. (S)he has committed a crime.
2. The officer has reasonable belief, under the circumstances, that (s)he poses a
substantial danger of physical harm to himself/herself or other persons.
Threats or attempts at suicide should never be treated lightly.
3. (S)he has escaped or eluded the custody of those lawfully required to care for
him/her.
B. At all times, an officer should attempt to gain voluntary cooperation from the
individual.
C. Chapter 123, Section 12 Petitions: 41.2.7
1. In an emergency situation, if a physician or qualified psychologist is not
available, a police officers, who reasonably believes under the circumstances
that failure to hospitalize a person would create a likelihood of serious harm
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by reason of a mental health issue, may restrain such person and apply for the
hospitalization of such person for a three-day period at a public facility or a
private facility authorized for such purpose by the Massachusetts Department
of Mental Health. In such cases, the Canton Fire Department would be
notified for transport of the individual. A Canton Police officer will ride in
the ambulance with the individual when possible.
2. Although “any person”, including a police officer, may petition a district court
to commit a person experiencing a mental health issue to a facility for a three-
day period if failure to confine that person would cause a likelihood of serious
harm, generally, a police officer should be the last person to initiate such
proceedings. Three-day commitment proceedings under Section 12 of
Chapter 123 should be initiated by a police officer only if all the following
procedures have been observed:
a. Determination has been made that there are no outstanding commitment
orders pertaining to the individual; and
b. Every effort has been made to enlist an appropriate physician, psychiatrist,
psychologist, social worker or family member to initiate the commitment
proceedings; and
c. The officer has received approval from a Shift Supervisor.
3. Officers may affect a warrantless entry to execute a Section 12 application for
temporary hospitalization provided:
a. They are in possession of the Section 12;
b. The entry is of the residence of the subject of the Section 12 paper;
c. The Section 12 paper was issued by a qualified physician, psychologist, or
psychiatric nurse in an emergency situation and where the subject refused
to consent to an examination; and
d. The warrantless entry is made within a reasonable amount of time after the
Section 12 paper has been issued.
NOTE: If any of the above criteria are not met and unless exigent
circumstances are present, a warrant shall be obtained prior to any entry for a
residence to execute a Section 12 paper.
D. Taking into Custody on a Section 12
1. Whenever police take a person experiencing a mental health issue into
custody on a Section 12, the appropriate mental health officials should be
contacted. They should be informed of the individual’s condition and their
instructions sought on how to properly handle and, if necessary, restrain the
individual and to what facility (s)he should be taken.
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2. If an officer makes an application to a hospital or facility and is refused, or if
(s)he transports a person with a commitment paper (Section 12 paper) signed
by a physician, and that person is refused admission, (s)he should ask to see
the administrative officer on duty to have him/her evaluate the patient. If
refusal to accept the person continues, the officers shall not abandon the
individual, but shall take measures in the best interests of that person and, if
necessary, take person to the police station. Notification of such action shall
immediately be given to the officer-in-charge/Lieutenant, who can notify the
Department of Mental Health.
3. Transportation to a hospital shall be by ambulance. The individual is not to be
transported in a department cruiser.
4. Police officers are immune from civil suits for damages for restraining,
transporting, applying for the admission of or admitting any person to a
facility if the officer acts pursuant to the provisions of Chapter 123.
E. Escapes from Mental Health Facilities
1. If a patient or resident of a facility of the Massachusetts Department of Mental
Health is absent without authorization, the superintendent of the facility is
required to notify the state and local police, the local district attorney and the
next of kin of such patient or resident.
2. Such persons who are absent for less than six months may be returned by the
police. This six-month limitation does not apply to persons who have been
found not guilty of a criminal charge by reason of insanity nor to persons who
have been found incompetent to stand trial on a criminal charge.
F. Interviewing or Interrogating Persons experiencing a mental health issue
41.2.7 (2D)
1. Whenever a person with a known mental health condition or disability is
being interviewed, sworn police officers must be particularly careful in
ensuring that individual’s rights aren’t violated. It is always best to have a
family member or friend present that can appreciate the individual’s needs and
circumstance.
2. Whenever a person with a mental health condition or disability is a suspect
and is taken into custody for questioning, sworn police officers must be
particularly careful in advising the subject of his/her Miranda rights and
eliciting any decision as to whether (s)he will exercise or waive those rights.
It may not be obvious that the person does not understand his/her rights. The
departmental policy on Interrogating Suspects and Detainees #1.20 should
be consulted.
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3. Before interrogating a suspect who has a known or apparent mental condition
or disability, police should make every effort to determine the nature and
severity of that condition or disability, the extent to which it impairs the
subject’s capacity to understand basic rights and legal concepts such as those
contained in the Miranda warnings and whether there is an appropriate
“interested adult,” such as a legal guardian or legal custodian of the subject,
who could act on behalf of the subject and assist the subject in understanding
his/her Miranda rights and in deciding whether or not to waive any of those
rights in a knowing, intelligent and voluntary manner.
G. Confidentiality
Any officer having contact with a mentally ill person shall keep such matter
confidential except to the extent that revelation is necessary for conformance with
departmental procedures regarding reports or is necessary during the course of
official proceedings.
H. Lost or Missing 41.2.7
If a person experiencing a mental health issue is reported lost or missing, police
should treat this as an At Risk priority case. See the department’s policy on
Missing Persons #2.03 41.2.5 (3F)
The family should be provided with the telephone number of the National
Alliance for the Mentally Ill (NAMI);Homeless or Missing Persons Service.
NAMI is a national organization staffed by volunteers whose mission is to aid the
mentally ill and their family members. Officers should be aware that NAMI
offers assistance to the family and friends of a mentally ill person who may be
lost, missing or in need of special services through their national network. They
can be reached at the following numbers or via the internet at NAMI.org:
National Number: 1-800-950-NAMI (6264)
NAMI Massachusetts: 1-781-938-4048
I. Complaints with no Immediate Threat Present
An officer who receives a complaint from a family member of a person
experiencing a mental health issue who is not an immediate threat or is not likely
to cause harm to himself or others, shall refer the family member to our agency’s
in-house mental health clinician who will be able to provide appropriate
resources.
J. Accessing Community Mental Health Resources 41.2.7 (2B)
The following is a list of contact numbers for Mental Health Resources in the
area. A complete list can be located in the virtual folder, ‘Resources & Contact
Numbers’, located in the CPD Bulletin Board on every desktop. Accessible in the
cruisers. They are also located on our web site.
1. Riverside Community Health
Trauma Center: 800-851-2451
Adult Hotline#: 800-529-5077
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Child & Family: 800-529-5077
Riverside Community Health is available for community services as well.
This is a great contact number to use if an organization, school or business in
the community is experiencing a traumatic event such as a sudden death,
serious accident, natural disaster, etc.
2. High Point Treatment Center
In-patient: 508-224-7701
Out-patient: 508-224-7705
This is a great facility for those looking for help with treatment for mental
health matters as well as those individuals suffering from drug dependency.
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