How to Improve Collaboration: How to Improve Collaboration: Using the right language when Using the right language when

enlisting the help of law enlisting the help of law enforcementenforcement

Jeanie Paradise, M.A., LPCThe Center for Health Care Services

Deputy Toni Stanfield-MimsBexar County Sheriff’s OfficeInternational CIT Conference

Vegas 2012

Reference: Texas Commission on Law Enforcement Officer Standards and Education

(TCLEOSE)

Every situation is different so these tips may Every situation is different so these tips may not resolve your current situation every time not resolve your current situation every time but may help you build a more collaborative but may help you build a more collaborative relationship with your law enforcement relationship with your law enforcement agency and in time improve your outcomes.agency and in time improve your outcomes.

Elements of Texas Jail Diversion H.B. 2292

Educate law enforcement personnel and the courts Develop the following: Crisis Intervention Training (CIT) A centralized location for mental health assessments in lieu of

arrest for individuals with non-violent criminal conduct Holding facilities providing structured treatment in lieu of arrest Linking and referral services Timely and effective screening process

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Required community support An identified method for addressing housing and needed

support services Pre-booking diversion occurs at first contact with law

enforcement, Prior to any formal charges CIT and Crisis Center Post booking divert consumers after they have been booked. A

plan is then created for implementation upon consumer’s release from jail.

Elements of Texas Jail Diversion H.B. 2292

People with mental illness who commit crimes with criminal intent, unrelated to symptoms of mental illness should be held accountable for their actions as would anyone else.

People with MI should not be arrested because of their mental disorder

They should not be detained in jails or prisons longer than others because of their illness.

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Jail Diversion Concepts Facts: Calls for police services in

which mental illness is a factor make up between 7% and 10% of all police contacts and continue to pose significant operational problems for the police

National analyses has demonstrated that diverted clients have significantly lower criminal justice costs than non-diverted clients.

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Jail Diversion Benefits:

Decriminalization of persons with mental illness

The problem of over representation of people with mental illness in the criminal justice system is addressed

Reduced hospitalization

Increased public safety

Length of stay in jails shortened in lieu of increased access to treatment

Violence and victimization is reduced

Costs incurred by taxpayers when a person with a mental illness is arrested, incarcerated, and/or hospitalized are addressed.

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Law Enforcement Mental Health

Works With: Perpetrators, Defendants Patients, Clients or Consumers and Offenders

Institutions: Jails and Prisons: Hospitals: pressure to reduceutilization and rely on communityresources

Emphasis: Public Safety Least Restrictive Alternative

Deals with…. Behavior Illness

Uses… Authoritarian and Adversarial Team Approach, not sure who is in charge

Deals with… Recidivism where common and Chronic illnesses where relapse isnot expected common

Views…. Mental Health Individuals as Law Enforcement individuals asodd autocratic

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Cont. Law Enforcement Mental Health

Views… Mental Health as fuzzy thinkers, Law Enforcement as world of too process oriented and takes rigid thinkers, make decisions too long to reach a conclusion. too quickly, see everything in Everything gray. Black and white, fail to

appreciate debilitating nature of MI.

Both look at Chaotic and impossible to Chaotic and impossible to Others worlds understand indecipherable understand and indecipherableAs……….. Jargon used to confuse other. jargon used to confuse the

other.

Feels……. Not appreciated for the pressure Unappreciated for pressure it is they are under to deal with the under to care for endless endless stream of perpetrators, stream of patients it is asked defendants and victims. To serve.

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Biases These biases interfere with

working together. But do we have more in common then we think?

Both care about the people we serve

want to live more productive and happier lives

to protect the world fear the newspaper headlines

involving one of their “customers”.

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It has been long recognized that Law Enforcement collaborative agreements with Mental Health agencies is the key approach in dealing with the national Mental Health service crisis.

There is a direct link between inadequate mental health services and the growing number of mentally ill who are incarcerated…CJ/MH consensus project

First step to successful collaboration:

Desire to work together on solutions.

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Collaboration:

Time CommitmentRisk

Perhaps the most difficult challenge is a willingness to give up some degree of control to allow for real collaboration.

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Re-enactment Training Re-enactment Training VideoVideo

Strategic Helpful Tip:Strategic Helpful Tip:

Ultimate goal: serving the Ultimate goal: serving the individual!individual!

Put the person’s needs Put the person’s needs before your own. before your own.

Once you have offended an Once you have offended an officer how likely is he/she going officer how likely is he/she going

to help?to help?

Set your own ego aside Set your own ego aside Ask for the Officer’s helpAsk for the Officer’s help Avoid telling an officer what to doAvoid telling an officer what to do Avoid talking down to an officer Avoid talking down to an officer Avoid using your credentials as a Avoid using your credentials as a

means to make them agreemeans to make them agree It’s best to use the art of It’s best to use the art of

suggestionsuggestion

Helpful Tip:Helpful Tip:

Always get the Officer’s name Always get the Officer’s name and badge number at the and badge number at the beginning of the conversation beginning of the conversation rather than after you’ve rather than after you’ve disagreed with him or her.disagreed with him or her.

What happens after you’ve What happens after you’ve argued and then ask for his/her argued and then ask for his/her

name?name? This usually implies that you intend to This usually implies that you intend to

file a grievance or complain on the file a grievance or complain on the officerofficer

Problem with starting off that way is Problem with starting off that way is this is the Officer’s assigned district this is the Officer’s assigned district and he/she will be the person you will and he/she will be the person you will need to call on for future assistanceneed to call on for future assistance

Developing a working relationship Developing a working relationship early on is what is most helpfulearly on is what is most helpful

Helpful Tips: Helpful Tips: Avoid buzz words that have a different Avoid buzz words that have a different

meaning for law enforcement.meaning for law enforcement.

““Transport” is usually referred to in a Transport” is usually referred to in a court order for transportation which in court order for transportation which in our county is done by the Sheriff’s Office. our county is done by the Sheriff’s Office.

If you feel it is unsafe for the consumer If you feel it is unsafe for the consumer to drive himself/herself to the hospital, or to drive himself/herself to the hospital, or for you to drive them, state the reasons for you to drive them, state the reasons clearly. Keep the focus on clearly. Keep the focus on SAFETYSAFETY

Helpful Tips:Helpful Tips: Give the officer the opportunity to interview Give the officer the opportunity to interview

the individual, doctor or other credible source the individual, doctor or other credible source if he/she feels it is necessaryif he/she feels it is necessary

In Texas, an officer can use a credible source In Texas, an officer can use a credible source to obtain the information necessary for an to obtain the information necessary for an Emergency Detention. If you are the credible Emergency Detention. If you are the credible source, you can not remain anonymoussource, you can not remain anonymous

Often the officer prefers to speak to the Often the officer prefers to speak to the consumer directlyconsumer directly

Unless unsafe, you should allow this to occurUnless unsafe, you should allow this to occur

Example: Example:

1. Thank the Officer for coming1. Thank the Officer for coming

Suggested:Suggested:

““Thank you so much for coming out here Thank you so much for coming out here Officer, I could really use your help.”Officer, I could really use your help.”

Discouraged: Discouraged:

““Gosh we’ve been waiting over 2 hours, Gosh we’ve been waiting over 2 hours, thank God you finally got here!”thank God you finally got here!”

Helpful Tips:Helpful Tips:

22. Introduce yourself and your role. Introduce yourself and your role

Suggested:Suggested:

““Hi my name is Jeanie Paradise. I’m the Hi my name is Jeanie Paradise. I’m the administrator in charge for the unit and administrator in charge for the unit and this is Sally. What was your name officer? this is Sally. What was your name officer? And can I please get your badge number And can I please get your badge number for my records?”for my records?”

Discouraged:Discouraged:

““You need to do an emergency detention on You need to do an emergency detention on her and transport her to the hospital it’s her and transport her to the hospital it’s 5:00 and we are about to close the clinic.”5:00 and we are about to close the clinic.”

Example:Example:Explain the situation and how you need his/her Explain the situation and how you need his/her

help. Be factual, concise and honest. Stay help. Be factual, concise and honest. Stay focused on the individual’s needs and acuity focused on the individual’s needs and acuity not who’s right or who’s wrong. not who’s right or who’s wrong.

Suggested: Suggested:

““I’m hoping you’ll consider an Emergency I’m hoping you’ll consider an Emergency Detention for Sally as I believe she is a Detention for Sally as I believe she is a danger to herself. She came in today and told danger to herself. She came in today and told me she wanted to kill herself. She said she me she wanted to kill herself. She said she would go home and take all of her medication would go home and take all of her medication which she has stored up for several months. which she has stored up for several months. Yesterday, her husband filed for divorce. I’m Yesterday, her husband filed for divorce. I’m worried about her safety and she does not worried about her safety and she does not want to go to the hospital.”want to go to the hospital.”

Example:Example:Suggested:Suggested:

““I’ve contacted the private hospital who I’ve contacted the private hospital who has agreed to evaluate the consumer. has agreed to evaluate the consumer. I’m just really concerned that she will not I’m just really concerned that she will not make it there. I’m worried she will wreck make it there. I’m worried she will wreck her car since she is so upset. I don’t her car since she is so upset. I don’t believe it is safe for me to drive her since believe it is safe for me to drive her since I’m worried she will try and jump out of I’m worried she will try and jump out of the car or that she will change her mind the car or that she will change her mind once we get there and not sign in.”once we get there and not sign in.”

Again, focus on acuity and the consumer’s Again, focus on acuity and the consumer’s needs. needs.

Hesitant Officer?Hesitant Officer?

Sometimes despite what you believe clinically, the Sometimes despite what you believe clinically, the officer may want to see the conduct for him or officer may want to see the conduct for him or herself.herself.

In Texas, only a licensed peace officer or a In Texas, only a licensed peace officer or a Magistrate Judge can issue an Emergency Detention Magistrate Judge can issue an Emergency Detention but they can use you as a credible source if they do but they can use you as a credible source if they do not see the behavior themselves. Ask the officer to not see the behavior themselves. Ask the officer to consider using you as the credible source for his consider using you as the credible source for his emergency detention.emergency detention.

Ask politely for the officer to consider consulting with Ask politely for the officer to consider consulting with their supervisor .their supervisor .

Asking for a supervisorAsking for a supervisor

Suggested:Suggested:

““Would you consider contacting your Would you consider contacting your supervisor on this to get his/her opinion supervisor on this to get his/her opinion on what we should do because I know on what we should do because I know I’m going to have to contact my I’m going to have to contact my supervisor? I’m just concerned about supervisor? I’m just concerned about the consumer’s safety.”the consumer’s safety.”

This is not the time to threaten to report This is not the time to threaten to report the officer. There is still time to use the officer. There is still time to use your negotiation skills.your negotiation skills.

If you still disagreeIf you still disagree Try asking to speak to the officer’s supervisor yourself. Try asking to speak to the officer’s supervisor yourself.

Tread lightly and continue to negotiate.Tread lightly and continue to negotiate.

Stay focused on the individual’s safety (acuity Stay focused on the individual’s safety (acuity symptoms) and not your own needs, (such as the office symptoms) and not your own needs, (such as the office is closing in 5 minutes, or your own ego).is closing in 5 minutes, or your own ego).

Document the outcome with the officer well. Inform Document the outcome with the officer well. Inform the officer that you may need to call the officer back or the officer that you may need to call the officer back or call the dispatch office back for further assistance. call the dispatch office back for further assistance.

Professionally inform the officer and his supervisor that Professionally inform the officer and his supervisor that

you will be documenting the outcome and that it did you will be documenting the outcome and that it did not support your clinical recommendation. not support your clinical recommendation.

Avoid getting to this point Avoid getting to this point

573.001. APPREHENSION BY PEACE OFFICER WITHOUT 573.001. APPREHENSION BY PEACE OFFICER WITHOUT

WARRANT.WARRANT. has reason to believe and does believe that: (A) the person is has reason to believe and does believe that: (A) the person is

mentally ill; and (B) because of that mental illness there is a mentally ill; and (B) because of that mental illness there is a substantial risk of serious harm to the person or to others substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (2) believes unless the person is immediately restrained; and (2) believes that there is not sufficient time to obtain a warrant before that there is not sufficient time to obtain a warrant before taking the person into custody. (b) A substantial risk of serious taking the person into custody. (b) A substantial risk of serious harm to the person or others under Subsection (a)(1)(B) may harm to the person or others under Subsection (a)(1)(B) may be demonstrated by: (1) the person's behavior; or (2) evidence be demonstrated by: (1) the person's behavior; or (2) evidence of severe emotional distress and deterioration in the person's of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain mental condition to the extent that the person cannot remain at liberty. (c) The peace officer may form the belief that the at liberty. (c) The peace officer may form the belief that the person meets the criteria for apprehension: (1) from a person meets the criteria for apprehension: (1) from a representation of a representation of a credible personcredible person; or (2) on the basis of the ; or (2) on the basis of the conduct of the apprehended person or the circumstances under conduct of the apprehended person or the circumstances under which the apprehended person is found. (d) A peace officer who which the apprehended person is found. (d) A peace officer who takes a person into custody under Subsection (a) shall takes a person into custody under Subsection (a) shall immediately transport the apprehended person to: (1) the immediately transport the apprehended person to: (1) the nearest appropriate inpatient mental health facility; nearest appropriate inpatient mental health facility; or (2) a or (2) a mental health facility deemed suitable by the local mental mental health facility deemed suitable by the local mental health authorityhealth authority, if an appropriate inpatient mental health , if an appropriate inpatient mental health facility is not available. (e) A jail or similar detention facility facility is not available. (e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency. may not be deemed suitable except in an extreme emergency. (f) A person detained in a jail or a nonmedical facility shall be (f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or kept separate from any person who is charged with or convicted of a crime. convicted of a crime.

Contact InformationContact Information

Jeanie ParadiseJeanie Paradise jparadise@chcsbc.org 210-225-5481210-225-5481