(1) (a) When a person is under the
influence of or incapacitated by substances and is clearly dangerous to the health
and safety of the person's self or others, law enforcement authorities or an
emergency service patrol, acting with probable cause, shall take the person into
protective custody in an approved treatment facility. If no such facilities are
available, the person may be detained in an emergency medical services facility, or
jail, but only for as long as may be necessary to prevent injury to the person's self
or others or to prevent a breach of the peace. A law enforcement officer or
emergency service patrol officer, in detaining the person, is taking the person into
protective custody. In so doing, the detaining officer may protect the officer's self
by reasonable methods but shall make every reasonable effort to protect the
detainee's health and safety. Taking a person into protective custody pursuant to
this section is not an arrest, and an entry or other record shall not be made to
indicate that the person has been arrested or charged with a crime. Law
enforcement or emergency service personnel who act in compliance with this
section are acting in the course of their official duties and are not criminally or
civilly liable. Nothing in this subsection (1) precludes a person intoxicated by
alcohol, under the influence of drugs, or incapacitated by substances who is not
dangerous to the health and safety of the person's self or others from being
assisted to the person's home or like location by the law enforcement officer or
emergency service patrol officer.
(b) (Deleted by amendment, L. 2024.)
(c) A law enforcement officer or emergency service patrol officer who takes
a juvenile into protective custody pursuant to subsection (1)(a) of this section shall
not detain the juvenile in jail.
(2) A law enforcement officer, emergency service patrol officer, physician,
spouse, guardian, or relative of the person to be committed or any other responsible
person may make a written application for emergency commitment under this
section, directed to the administrator of the approved treatment facility. The
application must state the circumstances requiring emergency commitment,
including the applicant's personal observations and the specific statements of
others, if any, upon which the applicant relies in making the application. A copy of
the application must be furnished to the person to be committed.
(3) If the administrator approves the application, the administrator shall
commit, evaluate, and treat the person for a period not to exceed five days. A peace
officer, the emergency service patrol, or any interested person shall bring the
person to the facility. If necessary, the court may be contacted to issue an order to
the police, the peace officer's department, or the sheriff's department to transport
the person to the facility.
(4) If the administrator determines that the application fails to sustain the
grounds for emergency commitment as set forth in subsection (1) of this section,
the administrator shall refuse the commitment, immediately release the detained
person, and encourage the person to seek voluntary treatment, if appropriate.
(5) When the administrator determines that the grounds for commitment no
longer exist, the administrator shall discharge the person committed under this
section. A person committed under this section must not be detained in any
treatment facility for more than five days; except that a person may be detained for
longer than five days at the approved treatment facility if, in that period of time, a
petition for involuntary commitment has been filed pursuant to section 27-81-112. A
person must not be detained longer than ten days, excluding weekends and
holidays, after the date of filing of the petition for involuntary commitment unless a
valid medical reason exists for detaining a person longer.
(6) Whenever a person is involuntarily detained pursuant to this section, the
administrator shall, within twenty-four hours after detainment, advise the person
who is involuntarily detained, both orally and in writing, of the person's right to
challenge the detention by application to the courts for a writ of habeas corpus, to
be represented by counsel at every stage of any proceedings relating to
commitment and recommitment, and to have counsel appointed by the court or
provided by the court if the person wants the assistance of counsel and is unable to
obtain counsel.
(7) Any law enforcement officer, emergency service personnel, physician,
spouse, guardian, or relative of any person to be committed; any treatment facility
administrator or the administrator's designee; or any other employee or person
acting on behalf of an approved treatment facility, participating in or carrying out
the emergency commitment or treatment as described in this section, whether
acting individually or in his or her official capacity, is not criminally or civilly liable
therefor.
(8) (a) On or before July 1, 2024, and each July 1 thereafter, each local law
enforcement agency that has taken a person into protective custody pursuant to
this section shall provide an annual report to the BHA that includes only
disaggregated and nonidentifying information concerning persons who were taken
into protective custody in an approved treatment facility or detained in an
emergency medical services facility or jail. The report must comply with section 24-1-136 (9) and is exempt from section 24-1-136 (11)(a)(I). The report must contain the
following:
(I) The names and counties of the facilities and jails;
(II) The total number of persons taken into protective custody pursuant to
this section, including a summary of demographic information;
(III) A summary regarding the different reasons for which persons were
taken into protective custody pursuant to this section; and
(IV) The length of time each person was held under protective custody.
(b) Each emergency medical services facility that detains a person under
protective custody or detains or holds a person on an emergency commitment shall
provide a quarterly report to the BHA with the following information:
(I) The total number of persons detained under protective custody and the
total number of persons held in the emergency medical services facility on an
emergency commitment;
(II) The total number of days each person was detained or held;
(III) Whether each person was transferred to another facility, released, or
placed on an involuntary commitment; and
(IV) Whether the emergency medical services facility transferred each
person to the local jail to be detained under protective custody or for an emergency
commitment and the reason for the transfer.
(c) Any information disaggregated and provided to the BHA pursuant to this
subsection (8) is privileged and confidential. The BHA shall not make the
information available to the public except in an aggregate format that cannot be
used to identify an individual facility. The information is not subject to civil
subpoena and is not discoverable or admissible in any civil, criminal, or
administrative proceeding against an approved treatment facility, emergency
medical services facility, jail, law enforcement officer, or emergency service patrol
officer. The BHA shall only use the information to assess statewide behavioral
health services needs and withdrawal management needs and to plan for sufficient
levels of statewide behavioral health and withdrawal management services. In
collecting the data pursuant to the requirements of this subsection (8), the BHA
shall protect the confidentiality of patient records, in accordance with state and
federal laws, and shall not disclose any public identifying or proprietary information
of any approved treatment facility or emergency medical services facility. This
subsection (8)(c) does not apply to information that is otherwise available from a
source outside of the data collection activities required pursuant to subsection
(8)(a) of this section.