(a) When a law enforcement officer or crisis intervention personnel has probable cause to believe that a person may be suffering from behavioral health challenge, mental health disorder, or substance use disorder and that due to that condition the person presents a threat of harm to himself or herself, other persons or property, the law enforcement officer or crisis intervention personnel shall take the person into protective custody immediately and deliver the person immediately for examination by a medical practitioner to a hospital or appropriate behavioral health treatment facility.
(b) When formulating probable cause, the law enforcement officer or crisis intervention personnel may rely, in part, upon information provided by a third-party, personal observations, or conversations with that person, to establish probable cause that the person presents a threat of imminent and physical harm to his person, other persons or property.
(c) The law enforcement officers or crisis intervention personnel detaining the person and taking the person to an approved public or private treatment facility is taking the person into protective custody. The officer shall make every reasonable effort to protect the person’s health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself or herself. This is not to be considered an arrest.
(d) When a person is taken into protective custody and the treating physician finds that the person is not in need of emergency commitment, the physician shall treat the person and shall:(1) Release the person from protective custody and refer that person to the Department of Health, Division of Behavioral Health; or(2) Release the person from protective custody and, with the person’s permission, return the person forthwith to the place where the person was taken into protective custody; or(3) If the person is also under arrest for a violation of the law, turn the person over to the authorities to proceed with the arrest.
(1) Release the person from protective custody and refer that person to the Department of Health, Division of Behavioral Health; or
(2) Release the person from protective custody and, with the person’s permission, return the person forthwith to the place where the person was taken into protective custody; or
(3) If the person is also under arrest for a violation of the law, turn the person over to the authorities to proceed with the arrest.
(e) When a person taken into protective custody and the treating physician finds that the person remains a threat to his person, others, or to property, the treating physician shall certify the person and keep that person for treatment.