20-47-808. Determination of need to initiate crisis intervention protocol.

20-47-808. Determination of need to initiate crisis intervention protocol. (a)(1) If a crisis intervention team officer determines that an individual with a behavioral health impairment demonstrates a substantial likelihood of committing bodily harm to himself or herself or to another person, the crisis intervention team officer may take the individual into custody for the purpose of transporting the individual to the designated crisis stabilization unit serving the crisis stabilization unit catchment area in which the officer has jurisdiction. (2) The crisis intervention team officer shall certify in writing the reasons for taking the individual into custody. (b)(1) Only a crisis intervention team officer with jurisdictional authority to operate within a crisis stabilization unit catchment area may determine whether a person in custody should be transported to the crisis stabilization unit for that crisis stabilization unit catchment area. (2) However, any law enforcement officer may transport the person to the crisis stabilization unit for that crisis stabilization unit catchment area when the determination under subdivision (b)(1) of this section has been made. (c)(1) An individual transported by a crisis intervention team officer to the crisis stabilization unit or an individual referred by the community mental health center under the guidelines of a collaborative agreement under § 20-47-806(a) shall be examined by a physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional. (2) If the individual does not consent to voluntary evaluation and treatment and the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual is an individual with a behavioral health impairment, the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional shall then determine if that individual may be held under the crisis intervention protocol as set out in this subchapter. (3) If the physician, psychiatric nurse practitioner, psychiatric physician assistant, or mental health professional determines that the individual demonstrates a substantial likelihood of committing bodily harm against himself or herself or against another person because of a behavioral health impairment caused by alcohol or a controlled substance and that there is no reasonable less restrictive alternative, the individual may be held at the crisis stabilization unit until the behavioral health impairment has resolved and the individual no longer demonstrates a substantial likelihood of committing bodily harm to himself or herself or against another person.