A. Sheriffs and peace officers may utilize telemedicine, when such capability is available and is in the possession of the local law enforcement agency, to have a person whom the officer reasonably believes is a person requiring treatment, as defined in Section 1-103 of this title, assessed by a licensed mental health professional employed by or under contract with a facility operated by, certified by or contracted with the Department of Mental Health and Substance Abuse Services. To serve the mental health needs of persons of their jurisdiction, peace officers shall be responsible for transporting individuals in need of initial assessment, emergency detention or protective custody from the initial point of contact to the nearest facility, as defined in Section 1-103 of this title, within a thirty (30) mile radius of the peace officer’s operational headquarters. If there is not a facility within a thirty (30) mile radius of the peace officer’s operational headquarters, transportation to a facility shall be completed by either the Department of Mental Health and Substance Abuse Services or an entity contracted by the Department for alternative transportation. For purposes of this section, “initial contact” is defined as contact with an individual in need of assessment, emergency detention or protective custody made by a law enforcement officer. Initial contact in this section does not include an individual self-presenting at a facility as defined in Section 1-103 of this title.
B. A municipal law enforcement agency shall be responsible for transportation as provided in this act for any individual found within such municipality’s jurisdiction. The county sheriff shall be responsible for transportation as provided in this act for any individual found outside of a municipality’s jurisdiction, but within the county.
C. Once an individual has been presented to the facility, as provided in subsection A of this section, by a transporting law enforcement officer, the transporting law enforcement agency shall be responsible for any subsequent transportation of such individual pending completion of the initial assessment, emergency detention, protective custody or inpatient services within a thirty (30) mile radius of the peace officer’s operational headquarters. All transportation over thirty (30) miles must be completed by either the Department of Mental Health and Substance Abuse Services or an entity contracted by the Department for alternative transportation.
D. Sheriffs and peace officers shall be entitled to reimbursement from the Department of Mental Health and Substance Abuse Services for transportation services associated with minors or adults requiring initial assessment, emergency detention, protective custody and inpatient services.
E. Any transportation provided by a sheriff or deputy sheriff or a peace officer on behalf of any county, city, town or municipality of this state, to or from any facility for the purpose of initial assessment, admission, interfacility transfer, medical treatment or court appearance shall be reimbursed in accordance with the provisions of the State Travel Reimbursement Act.
F. Nothing in this section shall prohibit a law enforcement agency or the Department of Mental Health and Substance Abuse Services from entering into a lawful agreement with any other law enforcement agency to fulfill the requirements established by this section or from contracting with a third party to provide the services established by this section provided the third party meets minimum standards as determined by the Department.
G. A law enforcement agency shall not be liable for the actions of a peace officer commissioned by the agency when such officer is providing services as a third party pursuant to subsection F of this section outside his or her primary employment as a peace officer.
Added by Laws 1998, c. 384, § 2, emerg. eff. June 9, 1998. Amended by Laws 2000, c. 326, § 1, eff. July 1, 2000; Laws 2002, c. 488, § 4, eff. Nov. 1, 2002; Laws 2003, c. 46, § 5, emerg. eff. April 8, 2003; Laws 2005, c. 195, § 4, eff. Nov. 1, 2005; Laws 2015, c. 326, § 1, eff. Nov. 1, 2015; Laws 2016, c. 374, § 1, eff. Nov. 1, 2016; Laws 2021, c. 39, § 1, eff. Nov. 1, 2021.