Judges: JAMES D. \"BUDDY\" CALDWELL, Attorney General
Filed Date: 2/2/2009
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Stanley:
Your request for an Attorney General's opinion has been referred to me for research and reply. Specifically, you ask whether pursuant to La.R.S.
La.R.S.
L.(1) A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a person into protective custody and transport him to a treatment facility for a *Page 2 medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the person is a proper subject for involuntary admission to a treatment facility because the person is acting in a manner dangerous to self or others, is gravely disabled, or is in need of immediate hospitalization to protect such a person or others from physical harm. The person may only be transported to one of the following:
(a) A community mental health center.
(b) A public or private general hospital.
(c) A public or private mental hospital.
(d) A detoxification center.
(e) A substance abuse clinic.
(f) A substance abuse in-patient facility.
(2) Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the person shall be immediately examined by a physician, preferably a psychiatrist, who shall determine if the person shall be voluntarily admitted, admitted by emergency certificate, or discharged.
(3) In the case of a person suffering from substance abuse and where any of the above facilities are unavailable, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the person suffering from substance abuse until such time as any of the above facilities become available. In taking a person into protective custody the peace officer and emergency medical service technician may take reasonable steps to protect themselves. A peace officer or emergency medical service technician who acts in compliance with this section is acting in the course of his official duty and cannot be subjected to criminal or civil liability as a result thereof.
The above provisions are part of Louisiana's Mental Health Law, La.R.S.
In State of Louisiana v. Derrick Allen, 07-1688 (La.App. 1 Cir. 2/20/08), officers were dispatched to the intersection of Winbourne Avenue and Plank Road because of a report that a male suspect was in the street. When the officers arrived at the scene, they discovered Allen wearing only boxer shorts and rolling around on the side of the road. According to one of the officers, Allen was babbling incoherently and acting in a bizarre manner. EMS was summoned because of the possibility that Allen had sustained an injury in an earlier traffic accident and needed a medical evaluation.
The court in Allen noted that because the defendant became combative and uncooperative with the EMS paramedics attempting to evaluate him for injury, the police properly placed the defendant in protective custody in accordance with La.R.S.
Based on the law and the foregoing information, it is the opinion of this office that when a peace officer takes a person into protective custody for medical evaluation under La.R.S.
We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.
Very truly yours,
JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL
BY: __________________________
Claudeidra Minor
Assistant Attorney General
JDC:CM:Irs