A fundamental duty of law enforcement officers
is to safeguard lives and protect individuals’
rights. The guidelines established in this
directive shall be followed in determining the
appropriate response to people who may be
imminently dangerous to self or others as a
result of a mental illness or substance use.
DEFINITIONS
A. Dangerous to others: a person who is likely
to do substantial physical or emotional injury to
another, as evidenced by a recent act, attempt, or threat.
B. Dangerous to self: a person who recently has
threatened or attempted suicide or serious bodily
harm or recently has behaved in such a manner as
to indicate that the person is unable, without
supervision and the assistance of others, to
satisfy the need for nourishment, essential
medical care, shelter or self-protection; so
that it is probable that death, substantial
bodily injury, or serious physical debilitation
or disease will result unless adequate treatment is afforded.
C. Imminently dangerous to self or others:
without intervention, a person likely to
become dangerous to self or others within
the next forty-five days as defined in
Section 334-1, Hawaii Revised Statutes.
D. Mental health emergency worker (MHEW):
a person designated by the Department of Health,
State of Hawaii, to provide crisis intervention
and emergency stabilization services and to assist
in determining whether a mentally ill person is
likely to meet the criteria for civil commitment.
E. Mentally ill person: a person having a
psychiatric disorder or other disease, which
substantially impairs the person’s mental health
and necessitates treatment or supervision.
F. MH-1: the Application by Police
Officer for Emergency Examination and Treatment form.
G. Person suffering from substance abuse:
a person who uses narcotic, stimulant, depressant, or
hallucinogenic drugs or alcohol to an extent which
interferes with the person’s personal, social, family,
or economic life.
h. Police psychologist: A clinical psychologist currently
employed and/or authorized by the Honolulu Police
Department.
PEOPLE WHO HAVE NOT COMMITTED AN OFFENSE
A. A police officer may take into custody
any person the officer has probable cause
to believe is imminently dangerous to self
or others based on the totality of
circumstances and observations of behaviors
believed to be associated with mental illness
or substance use.
B. The officer shall call for assistance
from the MHEW.
The officer shall provide information
that is personally observed about the person’s
psychological state to the MHEW.
C. If the MHEWdetermines that the person is
imminently dangerous to self or others, the
MHEW shall inform the officer to transport
the person to a designated licensed
psychiatric facility (see the attachment
for the list of designated facilities).
The MHEW may request a crisis mobile outreach
worker or the person’s assigned mental health
caseworker to come to the scene and assist the
person in receiving voluntary services provided
by the State of Hawaii. It is at the supervisor’s
discretion whether the officer shall remain with
the person until the crisis worker or mental health
caseworker arrives.
D. If a person is threatening or attempting
suicide and the MHEW is not available after
three documented attempts, the officer shall
contact the police psychologist for an MH-1
evaluation.
E. The officer shall make application for the examination
of the person in custody by filling out an MH-1 form:
1. The application shall state or shall
be accompanied by a statement of the circumstances and reason
under which the person was taken into custody, including the
name of the MHEW/police psychologist making the determination;
2. The MH-1 form shall be presented by the officer
with the person in custody to the designated, licensed
psychiatric facility; and
3. The goldenrod copy of the MH-1 form shall be left
with the facility personnel.
F. A Miscellaneous Public (MH-1) report shall be
initiated to document the facts and circumstances
establishing probable cause that the person was an
imminent danger to self or others.
The white original MH-1 form shall be attached to the report.
PEOPLE WHO HAVE COMMITTED NONFELONY OFFENSES
A. An officer should initiate the MH-1 process
when the officer has probable cause to believe
the person is imminently dangerous to self or
others based on the totality of circumstances
and observation of behaviors believed to be
associated with mental illness or substance use.
If probable cause for a criminal offense exists,
the person should be arrested for the offense.
Regardless of the arrest, a criminal case shall
be initiated and the proper reports generated.
B. The officer shall call for assistance
from the MHEW.
The officer shall provide information
that is personally observed about the
person’s psychological state to the MHEW.
C. If the MHEW determines that the person
is imminently dangerous to self or others,
the MHEW should inform the officer to
transport the person to a designated,
licensed psychiatric facility. The officer
shall then ensure transport of the person
by suitable means to the designated,
licensed psychiatric facility.
D. Notification shall be made to the officer
in charge of the assigned receiving desk for the
district in which the arrest occurred to initiate an absentee booking.
E. After arriving at the designated facility,
the transporting officer shall obtain the information
needed to complete the required reports.
F. The officer shall make application for the
examination of the person in custody by filling out an MH-1 form:
1. The MH-1 form shall accompany the person in
custody to the designated, licensed psychiatric facility; and
2. The goldenrod copy of the MH-1 form shall be left with the facility personnel.
G. The officer shall complete the arrest report and the applicable incident reports:
1. A Miscellaneous Public (MH-1) report shall also be
initiated to document the facts and circumstances
establishing probable cause that the person was an
imminent danger to self or others; and
2. The white original MH-1 form shall be attached to the MH-1 report.
H. If the examining physician determines that
hospitalization is not necessary, the person shall
be returned to the custody of the officer for
disposition of the criminal charges.
I. If the person taken into custody is hospitalized,
the person shall be released on own recognizance (ROR) on
the arrest report with the approval of the officer in charge
of the receiving desk for the district in which the arrest occurred.
The person shall be assigned a court date for their case.
The person shall sign the Released on Own Recognizance,
HPD-457 form, to acknowledge receipt of the court date.
The original shall be submitted to the Central Receiving
Division and a copy shall be given to the hospitalized
person. The cases (including copies of all reports) shall
be forwarded to the Department of the Prosecuting Attorney.
PEOPLE WHO HAVE COMMITTED FELONY OFFENSES
A. If probable cause exists, the person shall be
arrested for the offense and taken to the appropriate
station for booking.
B. If an officer has probable cause to believe the
person is imminently dangerous to self or others
based on the totality of circumstances and observation
of behaviors believed to be associated with mental
illness or substance use, the officer shall call the assigned
investigator from the responsible investigative division
(i.e., Criminal Investigation Division, Narcotics/Vice
Division, or Traffic Division) and brief them.
C. The assigned investigator shall then contact the
police psychologist.
D. The police psychologist should perform a
face-to-face assessment of the suspect.
If the police psychologist is unable to
perform a face-to-face assessment, the officer and/or the
assigned investigator shall provide information that is
personally observed about the person’s behaviors or speech
to the police psychologist via telephone.
E. The police psychologist shall
consult with the assigned investigator when determining
whether a person presents issues beyond the capabilities
of the Central Receiving Division. In those cases where
the person needs an emergency evaluation, it will be done
so only after agreement between the police psychologist
and the assigned investigator.
F. Upon agreement that the person needs an emergency
evaluation, the assigned investigator shall ensure the
initiation of the MH-1 process and have the person
transported by suitable means to the designated, licensed
psychiatric facility (see the attachment).
G. After arriving at the designated facility,
the transporting officer shall obtain the information
needed to complete the required reports.
H. The investigator shall ensure that the MH-1
application for the examination of the person
in custody is completed and submitted:
1. The MH-1 form shall accompany the person in custody
to the designated, licensed psychiatric facility; and
2. The goldenrod copy of the MH-1 form shall be left
with the facility personnel.
I. The officer shall complete the arrest report
and the applicable incident reports:
1. A Miscellaneous Public (MH-1) report shall also be
initiated to document the facts and circumstances establishing
probable cause that the person was an imminent danger
to self or others; and
2. The white original MH-1 form shall be attached to the MH-1 report.
J. If the examining physician determines that
hospitalization is not necessary, the person shall
be returned to the custody of the officer for
disposition of the criminal charges.
K. If the person taken into custody is hospitalized,
the person may be released pending investigation (RPI) on
the arrest report with the approval of the assigned investigator.
L. The police psychologist shall be
consulted to assess the need for an MH-1 application prior
to any release of the person by the assigned investigator
during the investigation.
TRANSPORTING PERSONS IN CUSTODY FOR EMERGENCY EXAMINATION AND HOSPITALIZATION
If an officer takes a person into custody for an
emergency medical examination and hospitalization, the officer shall:
A. Use only restraining devices issued or approved by
the department (e.g., handcuffs, body cuffs, flex cuffs,
leg irons, etc.);
B. Restrain the hands of the person in custody.
Handcuffs should be used whenever possible.
1. The person in custody shall be handcuffed with
both hands behind his or her back unless facts or
circumstances indicate otherwise.
2. Handcuffs shall be secured and double-locked
without causing the person in custody any unusual injury, pain, or discomfort.
3. Circumstances where alternate, approved restraining
devices may be used instead of handcuffs include:
a. The person in custody is injured, and the process of
handcuffing could inflict additional physical trauma to the person;
b. Physical characteristics (e.g., size and missing
limbs) of the person in custody prevents the use of handcuffs; and
c. Handcuffing the person in custody would be an
excessive measure of restraint (e.g., the arrestee’s
age, physical health, or condition).
In all instances restraints shall be used to facilitate
the safe transport of the person in custody;
C. Immediately pat down the person in custody for
any weapons, means of escape, and contraband. The
appropriate reports shall be initiated;
D. Place the person in custody in the back seat
of the city-owned vehicle and properly secure the seat
belt and any other restraint device; and
E. Ensure that male officers only transport females
in custody in the presence or with the escort of another officer.
OFFICERS AT THE PSYCHIATRIC FACILITY
Once an officer delivers the person to a
facility under an MH-1 application and gives the
MH-1 form to the emergency room charge nurse, the officer
may leave except under the following conditions:
A. If the person is extremely combative, the officer
shall stay and render assistance in restraining the person
until he or she is restrained by hospital staff;
B. If the facility does not have room to immediately
evaluate the person, the officer shall stay with the
person for up to 60 minutes.
If the facility is requesting assistance from the
officer after 60 minutes, the officer shall contact their
supervisor for further direction. The supervisor in turn may call
the police psychologist for assistance; and
C. If the person is under arrest.
MINORS
A. MH-1 cases involving minors shall generally
be handled in the same manner as adults; however,
minors can only be transported to the Queen’s
Medical Center for emergency psychiatric care.
B. If the minor’s parents or legal guardian cannot be
contacted and the minor is not admitted to the designated
facility, the officer shall maintain custody in accordance
with Part IV, Chapter 571, Hawaii Revised Statutes.
The officer shall submit an incident report that shall
include the attempts made to contact the minor’s parents or legal guardian.
C. If the minor is confined at the facility or
released to a parent or guardian, the officer shall
submit an incident report and attach the white original
MH-1 form.
D. The arrest, custody, detention, and hospitalization
of the minor and the notification to parents/guardian shall
be in accordance with Policy 4.33, HANDLING JUVENILES.
COURT-INITIATED EMERGENCY EXAMINATIONS AND AUTHORIZATION BY TELEPHONIC ORAL ORDER
A. A law clerk or judge will call the watch commander
or designee to notify the department that an ex parte order
has been issued authorizing an emergency examination and treatment of someone.
B. The law clerk or judge will provide identification
(which may be verified through the state attorney
identification code number) to confirm the order and identify
the facility to which the subject of the order is to be taken.
C. The watch commander or designee shall complete an
incident report explaining the facts provided by the law
clerk or judge. An officer shall be assigned to pick
up the subject of the order.
D. When the subject of the order is taken into custody,
the officer shall transport the person to the designated facility.
The officer shall also obtain the necessary information and
complete the arrest and incident reports.
E. If the subject cannot be located, the watch
commander shall be notified. The commander of the next
watch shall initiate additional checks to locate the
subject. The officer assigned to the case shall submit
a follow up report.
ARREST FOR OTHER OFFENSES
The guidelines outlined in this directive are not
designed to preclude arrests in situations where
violations of state laws or city ordinances have
occurred (e.g., Operating a Vehicle Under the
Influence of an Intoxicant, consumption of liquor
in public places, etc.).