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Mental health crisis response

Summary of the topic

Section 573.001 of the Health and Safety Code gives a peace officer a limited power to take a person into custody without a warrant. The officer must have reason to believe, and must believe, that the person has a mental illness and that, because of that illness, there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained. The officer must also believe that there is not enough time to obtain a warrant. All three parts must be present. The risk may be shown by the person's behavior, or by evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty. The officer may form the belief from a credible person's representation, or from the person's conduct or the circumstances in which the person is found.

The officer must immediately transport the person to the nearest appropriate inpatient mental health facility, or to another facility that the local mental health authority considers suitable. A jail or similar detention facility is not suitable except in an extreme emergency. The officer must tell the person orally, in simple terms, why the person is being detained and that facility staff will explain the person's rights within 24 hours after admission. The officer may seize a firearm found in the person's possession.

Section 573.002 requires the officer to file a notification of detention with the facility immediately after transport. It contains seven items: a statement of belief that the person has a mental illness, a statement of belief in a substantial risk of serious harm, a specific description of that risk, a statement that the risk is imminent unless the person is immediately restrained, a statement that these beliefs come from specific recent behavior, overt acts, attempts or threats, a detailed description of that behavior, and the name and relationship to the person of anyone who reported or observed it. A facility may not require any other form before accepting the person.

Under section 573.021, the facility may hold the person for not longer than 48 hours after presentation unless a written order for protective custody is obtained, and a physician must examine the person as soon as possible within 12 hours after apprehension. A separate warrant route runs through sections 573.011 and 573.012, where a magistrate issues a warrant for apprehension on an adult's written application. Chapter 574 is a different process. It begins with a sworn application, requires clear and convincing evidence at a hearing, and results in a court order for treatment instead of a short emergency detention.

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