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TUCSON POLICE DEPARTMENT LESSONS IN BEHAVIORAL HEALTH COLLABORATION Arizona Problem Solving Courts Conference Prescott, Arizona April 28, 2015

TUCSON POLICE DEPARTMENT · 2019-12-19 · TUCSON POLICE DEPARTMENT Captain Paul Sayre 27 years law enforcement experience Oversee TPD’s Central Investigations Division Helped develop

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TUCSON POLICE DEPARTMENTLESSONS IN BEHAVIORAL HEALTH COLLABORATION

Arizona Problem Solving Courts

Conference

Prescott, Arizona

April 28, 2015

TUCSON POLICE DEPARTMENT

Captain Paul Sayre

27 years law enforcement experience

Oversee TPD’s Central Investigations Division

Helped develop MHIST team, currently oversee MHIST Unit

Prior SWAT Commander

Sergeant Jason Winsky

10 years law enforcement experience

Supervises the Mental Health Investigation and Support Team (MHIST)

LAW ENFORCEMENT LINK TO BEHAVIORAL HEALTH SYSTEM

Kate Lawson

Criminal Justice Manager Team assists individuals in crisis and/or with

mental health disorders, wherever they are in the criminal justice system: court, jail, prison, probation, etc – including law enforcement

12 years experience in intersection of criminal justice and mental health

BIG PICTURETOPICS COVERED IN TODAY’S PRESENTATION

Concept: How can law enforcement, within it’s scope and mandate of community protection, work with individuals in crisis or with a mental

health disorder to improve public safety?

Catalyst for Change: Legal Issues Impacting Law Enforcement Interactions with Individuals with Behavioral Health Concerns

…Resulted in: Mental Health Investigative Support Team (MHIST) – Tucson Police Department

…And how it Fits into the larger continuum of Crisis and Behavioral Health Systems Crisis Intervention Team (CIT) Training vs. Mental Health First Aid (MHFA) Training

COURT RULINGS Regarding Law Enforcement and

“Emotionally Disturbed Persons”

EMOTIONALLY DISTURBED PERSON (EDP)

EDPCourt’s language

Terminology for anyone who has a mental illness or is in some other way inhibited/incapacitated by crisis

GLENN V. WASHINGTON COUNTY (2011)

Hillsboro, Washington County – 2006

18 year old Lukus Glenn, a popular high school athlete, was intoxicated and distraught over a recent break-up Returned home at 0300

Angry, intent on riding his motorcycle

Parents would not let him leave the house

He began damaging property, including doorway that led out to the garage

Prior to this event, Glenn had no history of violence or criminal activity

GLENN V. WASHINGTON COUNTY

Glenn held a 3 inch pocketknife to his neck and threatened to kill himself

Mom called 911believing that “the police would have the expertise and experience to deal with an emotionally distraught teenager.”

Call was dispatched as an armed domestic violence incident.

GLENN V. WASHINGTON COUNTY

Based on dispatch of “armed DV situation” Deputy goes directly to the house without conferring with other officers on scene or en route

Deputy finds family sitting with Glenn, who still has knife at his neck

Mother tells dispatcher “Don’t let him shoot him… They’re going to shoot him.”

Second deputy arrives and begins shouting at Glenn, like first deputy, “Drop the knife or you’re going to die!”

Second deputy also presented as “frantic and excited” and “only pursuing a course of screaming commands at Luke”.

GLENN V. WASHINGTON COUNTY

Family implored deputies to calm down

Deputies ordered family to go back inside the house

Sergeant radioed deputies to say “Remember your tactical breathing”

Ordered a officer from neighboring department to “beanbag him” Lucas defensively retreats from direction of

beanbag fire

GLENN V. WASHINGTON COUNTY

Deputies had independently determined if Glenn moved towards the house they would use deadly force Glenn (taking cover from bean bags) ran from

garage towards only exit—the house

Because he was headed toward house, where the other family members had been told to go, officers used deadly force

Deadly force occurred less than four minutes after the first deputy

arrived on scene

Seconds before he was fired upon, Glenn said “Why are you yelling?” and “Please tell them

to stop screaming at me!”

GLENN V. WASHINGTON COUNTY

Glenn bled out and died on the family porch within minutes.

In 2007, Washington County Sheriff Rob Gordon released their results of their shooting board and determined

No policies had been violated and

“WCSO deputies involved in this incident performed as trained, followed established policies, and acted in a professional manner.”

GLENN V. WASHINGTON COUNTY

Court’s decision….

“…we have made it clear that the desire to quickly resolve a potentially dangerous situation is not the type of governmental interest…that justifies the use of force that may cause serious injury (Deorle).”

“We also recognized in Deorle, that when dealing with EDP’s who is creating a disturbance or resisting arrest, as opposed to a dangerous criminal, officers typically use less forceful tactics.” (notice the change in language)

GLENN V. WASHINGTON COUNTY

Ruling, continued:

“The facts in this case, viewed in the light most favorable to the plaintiff, bear this out: Lukus did not respond positively to the officers’ forceful tactics, and just before officers fired the beanbag gun, Lukus pled, “Tell them to stop screaming at me’” and “why are you yelling?”

The Court now expects a differentiated

response from law enforcement.

Or…

“No excuse now – train your officers”

LESSONS LEARNED FROM GLENN

The Family hired a Subject Matter Expert, a former Bellevue, Washington Chief of Police. His professional opinion forms the basis for what should be our response to these situations with EDPs:

1. Slow it down,

2. Do not increase the subject’s level of anxiety or excitement,

3. Attempt to develop a rapport,

4. Time is on the side of the police

SHEEHAN AND HAYES

9th Circuit Opinions

Duty to Care-Now Extends to Actions PRIOR to critical incident

ADA Application-If Upheld, Will Change American Policing Forever

SO – ON ONE HAND WE HAVE NEW EXPECTATIONS ON USE OF FORCE…

BUT – ON THE OTHER HAND, GROWING PUBLIC SAFETY CONCERNS…

CREATION OF THE MENTAL HEALTH INVESTIGATIVE SUPPORT TEAM

MHIST

Public Safety

Community Service

TYPICALLY POLICE HAVE TO BALANCE THE TWO...

…MHIST SEEKS TO FIND SOLUTIONS FOR BOTH

Community Safety

Accountability

Treatment

Recovery

CREATION

Pima County Sheriff’s Department – 2013

Tucson Police Department –2013

Teams:

Sergeant

Detective(s)

Patrol Officers (Transport)

WHY

Law enforcement recognized the need to take a different approach to mental health issues related to law enforcement

The wave of mass shootings and the increased mental health related calls served as a catalyst for taking a fresh look

PURPOSE

Public Safety

Community Service

Risk Management

But also…

It’s the right thing to do.

FUNCTION

Mental Health Court Order Transports

“Title 36” in Arizona

Specialized training to avoid going hands-on

Locate/transport before order expires

Investigations

Circumstance code

Patterns of behavior

Problem-solving with mental health treatment

Title 36 petitions

MHIST = CIT PHILOSOPHY IN ACTION

Has to be a better way to approach problem

Need to

Decrease risk to officers/deputies

Decrease risk to community

Decrease waste of taxpayer dollars

BREAK THE CYCLE

Many people suffering from mental health issues fall between the cracks of the system

They always become the burden of law enforcement

MHIST AREA OF INTERVENTION

MHIST

Law Enforcement

Behavioral Health

Justice System (Courts)

OUT WITH THE OLD…

Old Way

Patrol Officers Serving COE Orders Court Ordered Evaluations orders served

before expiring = 30%

Patrol officers would look for the quickest, easiest solution to a situation with a mental health nexus Often resulting in arrest and incarceration

As a result, the Pima County Jail is now the largest behavioral health facility in southern Arizona

The problems continue

New Way

100 % service rate on mental health orders

Mental health facilities and providers communicating with law enforcement

One central location for patrol to go to for answers to problems

Law enforcement talking to law enforcement

CALL TRIAGE

Calls where there is not a threat to public safety (danger to self) are handled as they always have been-referred to the appropriate mental health provider

Voluntary committal

Involuntary committal

Referral to various providers

Calls for service where there is a criminal component, and the person is a threat to others (public safety)

Routed to the MHST Unit for follow up

A full criminal/mental health investigation is conducted where appropriate

A unique 2-pronged process is initiated

MHST INVESTIGATION

“Jose”

Jose is a Marine veteran and a student at Pima Community college

Jose perceived he was assaulted in the school library (unfounded)

He began making threats towards PCC personnel

Outcome Kept out of jail

Compliant with treatment

SUCCESSES

SUCCESSES

“Maria”

Young woman in her 20s, lives at home with her parents

Tucson City Court – Mental Health Court Diversion (misdemeanor charges)

Repeatedly calls 911 requesting transport to the Crisis Response Center Find that she is bored and wants out of the house

TPD participate in Adult Recovery Team (ART) meeting, along with treatment provider

Develop crisis plan that includes TPD differentiated response

WITH A CIT TRAINING PROGRAM +A MENTAL ILLNESS/CRISIS RESPONSE PROTOCOL

A Best Case Scenario

Officer is able to de-escalate the situation

Person is taken to crisis center and/or referred to community treatment “Breaking the Cycle” – avoid future interactions

Positive Community Policing

Financial Savings Officer time

Jail Days

Criminal Case Proceedings

Avoid going “hands on” Improved liability

Improved safety

But If the Outcome Is Bad Anyway…

Officer should be able to say:

“I am knowledgeable of and considered use of de-escalation techniques and community resources.

I still could not have handled the situation any other way.”

PREPARING ALL OFFICERS FOR SOMEPREPARING SOME OFFICERS FOR ALL

Ensuring behavioral health and

crisis training needs are met for

public safety

AUDIENCE POLL

How familiar are you with CIT?

Do you have a CIT program in your community?

Who facilitates?

How long is the training?

How familiar are you with Mental Health First Aid (MHFA) training?

CONTINUUM OF MENTAL HEALTH TRAINING

CIT & MHFA

PHILOSOPHY

All Officers receive basic mental health training (Example: MHFA)

De-Escalation & Crisis

Intervention

Mental Health Basics & Community

Resources

Some officers receive intermediate (Example: CIT)

Voluntary Participation

Aptitude for the Population

Specialized Units – Advanced Training

SWAT Negotiators MHIST Teams

COMPARING MHFA & CIT –TRAINING FOR EVERY STAGE

CIT

“Advanced” Training

Officers with 18+ months patrol

Relies on experience on the street to provide context

Voluntary

No history of discipline related to excessive force within last three years

40 hours

MHFA

Introductory

Appropriate for academy and new officers

Can be made mandatory training for all officers and employees

Certified instructors through National Council required

8 hours

CORE ELEMENTS

Voluntary

Not “charm school”

No history of excessive force within 3 years

Some patrol experience

18 months+ recommended

No academy/post-academy

MHFA

Fidelity to Memphis Model

IS OBJECTIVE OF CIT TO ALWAYS USE DE-ESCALATION?

No, purpose of CIT is to give experiencedofficers:

TOOLS FOR

THE TOOL BOX

Objective:

Provide skills to be able to de-escalate individuals and situations, when appropriate

Does not override tactical training

Officer and citizen safety is always paramount

MENTAL HEALTH FIRST AID (MHFA)

Established in 2001 in Australia

Like CPR, designed to be quick response for emergent situations

“First responder”

8 hours

Includes certification

Specialized modules

Law Enforcement

Veterans

Spanish

RESULTS SUMMARY

Law Enforcement Training

Specialized LE Teams (MHST)

A responsive Crisis System Facility

24/7/365 phone line

MAC teams

Communication between Law Enforcement, Criminal Justice System & Mental Health Treatment

Support & Buy-In from Consumers & Advocates (NAMI)

WORKING AT AN INTERSECTION –NOT A PARALLEL

Behavioral Health working with

Law Enforcement to Achieve

Better Outcomes for Clients

WHOSE GOAL – TREATMENT, OR POLICE?

Engaged in TreatmentProductive Citizen

CHANGING OPINIONS - CHANGING LIVES

“If a mentally ill person has done something

wrong, they should go to jail”

“When a mentally ill person is arrested, it

represents a failure of the mental health system.”

“I’m not going to help the police catch my client.”

GOALS OF BEHAVIORAL HEALTH TREATMENT NOT AT ODDS WITH JUSTICE SYSTEM

“Accountability is therapeutic” -Kate Lawson

Involvement with the justice system can be the point of intervention for client

With the right interventions, and the right collaborations with the justice system, justice contact can become the support system needs to obtain recovery

Goals of the CJ Team

1. Improve client’s lives

2. Save taxpayer dollars

3. Improve public safety

Seq

uent

ial In

terc

ep

t M

od

el

Arrest

• Coordination with Law Enforcement, MHIST

• CPSA Criminal Justice team: Contact at Initial Appearance, Notify Provider & Jail Healthcare, Identification & notification to treatment providers, release planning, communication with court

Court

• Treatment provider – send med sheet and case management notes to jail

• Jail – bridge medications, identify SMI, housing

• CPSA – Assign to Mental Health Court or Docket

Remedy

• Mental Health Courts – Diversion Eligible? Coordinated Probation?

• Treatment – monitoring treatment compliance, additional support

• CPSA – MHC coordination, treatment advocacy, Court liaison

Recovery

• Community Re-Integration (Coordinated Jail and Prison Releases)

• Other Supports: NAMI, Family reunification, other support systems

• Continued coordination with Probation or Parole

HO

PE

QUESTIONS – DISCUSSION – DANCE OFF?

[email protected]@tucsonaz.gov

[email protected]