PLEASE NOTE: The following questions and answers are general information only and do not fully address each concern. This information is not intended to be legal advice. For further inquires, please contact the local court of jurisdiction and/or a legal professional.
Q: My loved one has a mental illness and will not consent to treatment; can the police arrest them so they can be treated?
A: The question of arrest is a complex matter. An arrest by a peace officer (constable/ deputy sheriff/ police officer) would have to be applicable to a criminal offense that has probable cause for an arrest (taken to jail). If no criminal law has been allegedly violated, then the peace officer does not have the authority to conduct an arrest. An individual that is suffering from a mental health condition and refusing treatment alone has not committed an alleged criminal law infraction that is subject to a criminal arrest. The responding peace officer does not have the authority to arrest this person and take them jail. A jail or detention facility is not intended to be a treatment facility for a person living with a mental health condition. A jail or detention facility is intended to detain individuals that are alleged to have a committed a criminal law violation. The responding peace officer does have the authority to bring a person suffering from a mental health crisis to a medial/ mental health professional for an evaluation if certain criteria are met, but treatment cannot be mandated by a peace officer. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: The medication that is taken for my loved one's mental health condition makes them appear to be intoxicated, can they be arrested for driving while intoxicated?
A: The criminal offense of driving while intoxicated/driving under the influence encompasses alcohol, controlled substances, drugs and dangerous drugs. If a prescribed medication taken inhibits the normal use of mental or physical faculties while operating a motor vehicle, an arrest for driving while intoxicated could be conducted. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: What is a mental illness warrant?
A: A Mental Health Warrant authorizes law enforcement to take a person into custody who shows symptoms of immediate and serious need for mental help for a mental illness and who also is at immediate and serious risk for harm to self or others. The warrant is approved through your local judge/magistrate. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Who can get a mental illness warrant?
A: A mental health warrant request would have to be presented to a judge or magistrate. In some cases, the judge/magistrate (court) conducts hearings only on mental health related matters. The application would have to be filed by an adult who has witness or can offer information regarding the person's mental capacity. The information would be reviewed by a judge/magistrate and an order for emergency detention would be reviewed for reasonable cause and is not automatically granted for apprehension by peace officer with a warrant. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: I've heard of an "OPC" and an "APOWW", what are they and what is the difference?
A: An OPC stands for Order of Protective Custody. This is common terminology used for a judge or magistrate's order for emergency apprehension and detention. This is an apprehension of an individual, by warrant, that meets the criteria for an immediate apprehension and detention for a mental health evaluation issued by a judge or magistrate.
An APOWW stands for Apprehension by Peace Officer Without Warrant. This is an apprehension of an individual, without a warrant that meets the criteria for a peace officer (constable, deputy sheriff, police officer) to take the person into custody for a mental health evaluation.
For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Can a person with a mental health condition legally purchase and/or own a firearm?
A: This question is complex as it has multiple responses depending on the scenario. There are applicable laws in statewide, and federally, that describe when a person can legally purchase and/or own a firearm with a mental health condition. This question cannot be answered entirely due to the multitude of laws and specifics that can be ruled upon. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: If I am in a mental health crisis, can I request a Crisis Intervention Trained officer?
A: Yes, you can make this request. Depending on the area that you live, the local constable, police department, and sheriff's office can have a Crisis Intervention Team either on duty or on an "on-call" status. However, due to the size of some departments/offices, they may not have a crisis intervention team available. In this case, Texas peace officers are required to attend the training course of Crisis Intervention Training (CIT) and a majority of agencies across the state will have an officer that has successfully completed this training on duty. Also through mutual aid, a nearby/surrounding agency can have a trained officer that can assist with this request as well. Please review our 911 Mental Health Checklist if you have questions about what to say during a 911 call. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: My loved one has a mental health condition and takes medication. Why don't the sheriff's office/jail accept their medication when I bring them to detention facility/jail?
A: The response to the question is primarily based upon the agencies policy and procedures that is detaining this individual. Some agencies have an outside medical company that is providing mental health services, other have internal companies, some agencies utilize local hospitals, and so forth providing mental health care while a person is being detained. A specific answer to this question cannot be provided due to various agency policies and procedures, as well as protected information between the client and patient. For further information, please contact the local court of jurisdiction and/or a legal professional; as well as the specific agency detaining the individual.
Q: My loved one has a mental health condition and when they committed an alleged offense they were off their medication. Why won't the jail release them so they can be treated for the illness?
A: Scenario 1: The agency that is detaining an individual for an alleged criminal violation may not be the arresting agency or original jurisdiction in which the person was apprehended. If this is the case, then this agency would not have the authority to release this individual. The agency of the original jurisdiction would have to drop the alleged charges for the individual to be released.
Scenario 2: If the detaining agency is the same agency that made the arrest they may drop the alleged charges. The district attorney's office or a judge/magistrate may drop the alleged charges prior to trial.
A jail or detention facility is primarily for pre-trial detainees (a justice of the peace, county court, state court, and possibly federal court that has not been assigned or heard the alleged criminal law infraction). A jail or detention facility can conduct releases with bonds, court orders, etc. Notification of a mental health condition being the cause of the criminal law violation would not warrant an individual's release by a jail or detention facility. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Why won't the jail force my loved one to take their medication while they are in police custody?
A: A jail or detention facility does not have the ability to conduct "forced medication" without a directive (order) from a judge. This order requires a hearing in front of a judge and/or jury in order to be made through due process of the individual being detained. An individual does have the ability to refuse treatment /medication while being detained. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Why does it take so long to be transferred to a mental health treatment facility from jail?
A: The transfer from a jail or detention facility to a mental health treatment facility is based upon the time frame from a judge's order to the detention facility and coordination to a mental health treatment facility. The mental health treatment facility would need to be provided the proper documentation and have the available space for treatment in compliance with the order. The lack of available space at the treatment facility can cause a delay in a transfer. For further information, please contact the local court of jurisdiction and/or a legal professional; as well as the specific agency detaining the individual.
A: The question of arrest is a complex matter. An arrest by a peace officer (constable/ deputy sheriff/ police officer) would have to be applicable to a criminal offense that has probable cause for an arrest (taken to jail). If no criminal law has been allegedly violated, then the peace officer does not have the authority to conduct an arrest. An individual that is suffering from a mental health condition and refusing treatment alone has not committed an alleged criminal law infraction that is subject to a criminal arrest. The responding peace officer does not have the authority to arrest this person and take them jail. A jail or detention facility is not intended to be a treatment facility for a person living with a mental health condition. A jail or detention facility is intended to detain individuals that are alleged to have a committed a criminal law violation. The responding peace officer does have the authority to bring a person suffering from a mental health crisis to a medial/ mental health professional for an evaluation if certain criteria are met, but treatment cannot be mandated by a peace officer. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: The medication that is taken for my loved one's mental health condition makes them appear to be intoxicated, can they be arrested for driving while intoxicated?
A: The criminal offense of driving while intoxicated/driving under the influence encompasses alcohol, controlled substances, drugs and dangerous drugs. If a prescribed medication taken inhibits the normal use of mental or physical faculties while operating a motor vehicle, an arrest for driving while intoxicated could be conducted. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: What is a mental illness warrant?
A: A Mental Health Warrant authorizes law enforcement to take a person into custody who shows symptoms of immediate and serious need for mental help for a mental illness and who also is at immediate and serious risk for harm to self or others. The warrant is approved through your local judge/magistrate. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Who can get a mental illness warrant?
A: A mental health warrant request would have to be presented to a judge or magistrate. In some cases, the judge/magistrate (court) conducts hearings only on mental health related matters. The application would have to be filed by an adult who has witness or can offer information regarding the person's mental capacity. The information would be reviewed by a judge/magistrate and an order for emergency detention would be reviewed for reasonable cause and is not automatically granted for apprehension by peace officer with a warrant. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: I've heard of an "OPC" and an "APOWW", what are they and what is the difference?
A: An OPC stands for Order of Protective Custody. This is common terminology used for a judge or magistrate's order for emergency apprehension and detention. This is an apprehension of an individual, by warrant, that meets the criteria for an immediate apprehension and detention for a mental health evaluation issued by a judge or magistrate.
An APOWW stands for Apprehension by Peace Officer Without Warrant. This is an apprehension of an individual, without a warrant that meets the criteria for a peace officer (constable, deputy sheriff, police officer) to take the person into custody for a mental health evaluation.
For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Can a person with a mental health condition legally purchase and/or own a firearm?
A: This question is complex as it has multiple responses depending on the scenario. There are applicable laws in statewide, and federally, that describe when a person can legally purchase and/or own a firearm with a mental health condition. This question cannot be answered entirely due to the multitude of laws and specifics that can be ruled upon. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: If I am in a mental health crisis, can I request a Crisis Intervention Trained officer?
A: Yes, you can make this request. Depending on the area that you live, the local constable, police department, and sheriff's office can have a Crisis Intervention Team either on duty or on an "on-call" status. However, due to the size of some departments/offices, they may not have a crisis intervention team available. In this case, Texas peace officers are required to attend the training course of Crisis Intervention Training (CIT) and a majority of agencies across the state will have an officer that has successfully completed this training on duty. Also through mutual aid, a nearby/surrounding agency can have a trained officer that can assist with this request as well. Please review our 911 Mental Health Checklist if you have questions about what to say during a 911 call. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: My loved one has a mental health condition and takes medication. Why don't the sheriff's office/jail accept their medication when I bring them to detention facility/jail?
A: The response to the question is primarily based upon the agencies policy and procedures that is detaining this individual. Some agencies have an outside medical company that is providing mental health services, other have internal companies, some agencies utilize local hospitals, and so forth providing mental health care while a person is being detained. A specific answer to this question cannot be provided due to various agency policies and procedures, as well as protected information between the client and patient. For further information, please contact the local court of jurisdiction and/or a legal professional; as well as the specific agency detaining the individual.
Q: My loved one has a mental health condition and when they committed an alleged offense they were off their medication. Why won't the jail release them so they can be treated for the illness?
A: Scenario 1: The agency that is detaining an individual for an alleged criminal violation may not be the arresting agency or original jurisdiction in which the person was apprehended. If this is the case, then this agency would not have the authority to release this individual. The agency of the original jurisdiction would have to drop the alleged charges for the individual to be released.
Scenario 2: If the detaining agency is the same agency that made the arrest they may drop the alleged charges. The district attorney's office or a judge/magistrate may drop the alleged charges prior to trial.
A jail or detention facility is primarily for pre-trial detainees (a justice of the peace, county court, state court, and possibly federal court that has not been assigned or heard the alleged criminal law infraction). A jail or detention facility can conduct releases with bonds, court orders, etc. Notification of a mental health condition being the cause of the criminal law violation would not warrant an individual's release by a jail or detention facility. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Why won't the jail force my loved one to take their medication while they are in police custody?
A: A jail or detention facility does not have the ability to conduct "forced medication" without a directive (order) from a judge. This order requires a hearing in front of a judge and/or jury in order to be made through due process of the individual being detained. An individual does have the ability to refuse treatment /medication while being detained. For further information, please contact the local court of jurisdiction and/or a legal professional.
Q: Why does it take so long to be transferred to a mental health treatment facility from jail?
A: The transfer from a jail or detention facility to a mental health treatment facility is based upon the time frame from a judge's order to the detention facility and coordination to a mental health treatment facility. The mental health treatment facility would need to be provided the proper documentation and have the available space for treatment in compliance with the order. The lack of available space at the treatment facility can cause a delay in a transfer. For further information, please contact the local court of jurisdiction and/or a legal professional; as well as the specific agency detaining the individual.
