AB 367

Under current law, a law enforcement officer or certain other individual may

take a person into custody if the officer or other individual has cause to believe that

the person is mentally ill, drug dependent, or developmentally disabled and the

person shows one of the following: a substantial probability of physical harm to

himself or herself; a substantial probability of physical harm to other persons;

evidence that others are placed in reasonable fear of violent behavior and serious

physical harm; a substantial probability of physical impairment or injury to himself

or herself due to impaired judgment; or behavior manifested by a recent act or

omission that, due to mental illness or drug dependency, he or she is unable to satisfy

basic needs of nourishment, medical care, shelter, or safety without prompt and

adequate treatment so that a substantial probability exists that death, serious

physical injury, serious physical debilitation, or serious physical disease is imminent

without intervention. The law enforcement officer or certain other individual must

provide a statement with details of the recent act, attempt, threat, or omission on

which the belief that the individual must be taken into custody is based.

This bill allows a law enforcement agency of a jurisdiction in which a person was

taken into custody to request the law enforcement agency of the jurisdiction in which

the person in custody committed the act, attempt, threat, or omission to investigate

the act, attempt, threat, or omission and initiate and complete the emergency

detention, if the act, attempt, threat, or omission occurred in a jurisdiction that is

different than the one in which the person was taken into custody. The bill also

requires the law enforcement agency in the jurisdiction in which the act, attempt,

threat, or omission occurred to comply with a request to investigate, initiate, and

complete the emergency detention.