OREGON ELAW

  • MENTAL COMMITMENT
    4.8.1 PURPOSE
    • This order outlines the procedure officers are to follow when assisting persons in crisis.

    4.8.2 RELATED ORS STATUTES

    A. 426.005 (http://www.leg.state.or.us/ors/426.html)

    B. 426.228 (    http://www.leg.state.or.us/ors/426.html)

    4.8.3 DEFINITIONS

    • “Mentally ill person” means a person who, because of a mental disorder, is one or more of the following:

    • Dangerous to self or others.

    • Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.

    • “Facility” means a state mental hospital, community hospital, residential facility, detoxification center, day treatment facility, etc.

    4.8.4 PROCEDURE


    • A police officer may take into custody a person who that officer has

    probable cause to believe meets one of the following criteria:

     1. The person has indicated by word or conduct that they are a danger to
    themselves or to any other person; and

     2. The person is in need of immediate care, custody or treatment for mental illness.

      • Officers may consult the organization(s) identified in Special Order 4.8.1-02
    when the person in crisis does not meet the criteria for a police hold. The Crisis Line may dispatch a team of workers, The Mobile Crisis Team, to a scene to assist, at their discretion.

    C. While The Mobile Crisis Team has the authority to make transports of
    persons in crisis, they do not have a secure means of transporting potentially
    violent persons. Under these conditions, the person may be restrained and
    transported in the officer’s vehicle or as directed by the Community Mental
    Health and Developmental Disabilities Director (see ORS 426.228).

    D. Custody

    1. Officers who take persons in crisis into custody will transport the person to the nearest Emergency Room for evaluation and possible treatment.

    E. Transports - Persons in crisis may be handled via any of the following methods:

    1. Officers will transport the affected individual they have taken into custody.

    2. Officers will transport the affected individual as directed by the Community Mental Health and Developmental Disabilities Program Director.

    3. The Mobile Crisis Team may be dispatched to transport a person who has been taken into custody by one of their agents or by a police officer.

    4. The person in crisis may be transported by ambulance if the officer has probable cause to believe he is in need of medical attention due to a serious physical injury or illness. If the person in crisis is transported by ambulance, they will be taken to Portland Adventist Hospital emergency room for treatment, unless a more urgent need exists and then they will be transported by ambulance to the medical facility deemed most appropriate by on site medical personnel.

    • After receipt of treatment by an emergency room, and when practical (i.e., when the person in crisis is being referred from an emergency room), the referring emergency room physician will speak with the crisis triage center staff psychologist about the referral prior to the patient being transferred. Patients will not be transferred from an emergency room without the approval of a crisis triage center staff psychologist.

    4.8.5 DOCUMENTATION REQUIREMENTS

    A. The following documentation will be completed for emergency mental commitments:

    • Gresham Police Department “Incident Report” with narrative; and

    2. “Report of Peace Officer Custody of an Allegedly Mentally Ill Person” form (See Appendix 4.8A).

    Copies of each of these documents will be left with personnel at the emergency room prior to the officer’s departure from that site.
    B. The officer will then return to the Department and immediately submit the completed documents for report processing.



    Carla C. Piluso
    Chief of Police


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