My young friend and colleague, Bradford Crockard, has written an excellent summary relating to civil commitments in the latest issue of the Prosecutor.
One related issue has to do with HB 1738, which changed significantly the authority of a peace officer in warrantless apprehensions of mentally ill persons. No “Peace Officer’s Application for Detention”, requiring a magistrate to issue an Emergency Detention Order is now required. Rather, when a peace office has executed a warrantless apprehension of a mentally ill person and transports the person to a mental health facility, the officer issues a “Notification of Detention” to the facility. The facility may not require any other form as a “predicate to accepting for temporary admission a person under 573.001.” In short, the Notification in this circumstance serves as an Emergency Detention Warrant and officers are not obliged to seek out a magistrate to execute such an order.
I am not sure that folk in all 254 counties are aware of the relief granted by this change.
