Your Department Needs a Mental Health Response Policy – Here’s Why

A NAMI resource guide for those
experiencing a mental health crisis.

In 2020, Minnesota enacted new legislation under Minn. Stat., § 609.066, subd. 1a (4) restricting the circumstances under which peace officers may use deadly force and, along the way, instructed that peace officers should use “special care” when interacting with individuals with known physical, mental health, developmental, or intellectual disabilities as an individual's disability may affect their ability to understand or comply with commands from peace officers. 

At present, many law enforcement agencies are experiencing high demand for crisis services but have no clear answers for what to do about it. The statistics are concerning: One-fifth of adults and nearly one-half of adolescents in the United States live with a mental illness.                                                       

Additionally, estimates hold that between 6% and 10% of all police calls involve someone with a serious mental illness. These calls all too often end in tragedy — approximately 23% of those killed by officers in 2015 had a mental illness.       

Best Practices in Law Enforcement Responses to Mental Health Crisis

A Responses to Mental Health Crises
guide for law enforcement agencies.

The League of Minnesota Cities Insurance Trust (LMCIT) partnered with the Minnesota Chiefs of Police Association (MCPA), the Minnesota Sheriffs’ Association (MSA), the National Alliance on Mental Illness (NAMI), and numerous statewide stakeholders to develop a best practice guide and model policy for law enforcement personnel responding to mental health crisis calls.

The guide chronicles current response challenges faced by agencies and identifies realistic solutions and approaches for addressing those challenges based on a set of mutually agreed-upon guiding principles. The best-practices guide explains why a mental health crisis became a police matter, the response goals, guiding principles, and what cities can do to assess their own needs and develop a local approach using Minnesota examples and initiatives.  

The differences in resources from one place to another in Minnesota can be vast. Law enforcement managers using this guide are encouraged to consider whether there are gaps or needs for improvement in the services currently being provided in their community, and to explore whether it is possible to address them through additional resources, collaboration, or training.

Download the guide, “Best Practices in Law Enforcement Responses to Mental Health Crises” (PDF).

Mental Health Crisis Data

In 2022, Minnesota lawmakers amended sections of the Data Practices Act and the Health Records Act to provide law enforcement with clearer access to mental health information about persons in active crisis. When responding to a mental health crisis, Minnesota law now allows law enforcement agencies to obtain limited but private mental health information about the person in crisis to aid in managing the situation safely. Agencies that seek or use this sensitive information are required to have a written policy establishing privacy safeguards. 

View the informational memo and download the model policy, “Mental Health Crisis Data” (PDFs).

Use LMC’s model policy to get started

LMCIT has also created a model policy so agencies can point toward a tool that will help keep their officers and the community safe.  The model policy establishes guidelines for officers responding to mental health crisis situations and supplements the information provided in the best practices guide.  

A link to the LMC model “Responding to Mental Health Crisis Calls” Policy can be found below and addresses several key areas:

• The purpose of the policy.
• The priorities and objectives established within the policy, including providing for the safety of all concerned.
• The use of mobile crisis response teams and/or an embedded mental health professional or social worker including referrals to services and treatment.
• The appropriate response, discretion, and disengagement in a crisis call.
• Use of transport holds under Minn. Stat., § 253B.051. 
• Required incident or admission reports.
• The crisis intervention and mental illness training requirements of Minn. Stat., § 626.8469.

Download the model policy, “Responding to Mental Health Crisis Calls” (PDF).

Benchmark Analytics Research Study

LMCIT recently completed the first year of a research study with Benchmark Analytics to utilize predictive analysis to identify key risks facing Trust member law enforcement agencies and to provide evidence-based recommendations for approaches most likely to address these risks. 

One of the identified evidenced-based practices focused on how an agency managed their response to mental health related calls. The research showed a moderate correlation to a reduction in liability claims for agencies that had a specific policy on identifying and engaging individuals in mental health crisis, and/or had extensive training for responding to mental health crises calls in their community. 

If you have any questions or would like to have a summary copy of the Benchmark Analytics research study referenced above, please contact me at tstille@lmc.org or (651) 215-4051.

Remember:  Responder Safety = Public Safety

In the meantime, stay safe and be careful.

Tracy

Your Department Needs a Law Enforcement Emergency Vehicle Operations Policy – Here’s Why

Law Enforcement in the United States is experiencing immense change through various police reform practices and policies.  Emergency vehicle operations are an integral part of law enforcement’s commitment to public safety. Minnesota law states that law enforcement agencies shall make reasonable efforts to guide their officers in the safe and responsible performance of their emergency response duties. The law does not protect the driver of an authorized emergency vehicle from the consequences of a reckless disregard for the safety of others.

Officers must exercise sound professional judgment in the operation of emergency vehicles, mindful of our overarching duty to protect public safety as it involves increased risks to persons and property. By state statute, officers must balance these risks against the need for a prompt response, while also driving with due regard for the safety of persons using the street.  

While state statutes and rules provide the foundation for the conduct of officers, it is also important for law enforcement agencies to implement guidelines, policies, and continuous and effective training to ensure proper action during emergency vehicle operations. By statute, this training must be designed to give officers both skills and decision-making ability so that emergency vehicle operations can be resolved safely and successfully.

Benchmark Analytics Research Study

The League of Minnesota Cities Insurance Trust (LMCIT) recently completed the first year of a research study with Benchmark Analytics to utilize predictive analysis to identify key risks facing Trust member law enforcement agencies and to provide evidence-based recommendations for approaches most likely to address these risks. One of the identified evidenced-based practices focused on how an agency managed emergency call response. The research showed a strong correlation to a reduction in liability claims for agencies that had an emergency vehicles operation policy for responding to incidents such as medicals, crimes in progress, and fire calls.

We recommend all law enforcement agencies consider adopting a specific emergency vehicle operations policy, like the one created by the Trust (see model policy below), in addition to the vehicle pursuits policy required by law. Officers are also mandated to train in emergency vehicle operations and in the conduct of police pursuits when the chief law enforcement officer determines that the officer may be involved in a police pursuit of a vehicle being operated in violation of Minn. Stat. § 609.487 given the officer’s responsibilities. This training shall consist of at least eight hours of classroom and skills-based training every five years.

Use LMC’s model policy to get started

LMCIT has created a model policy so agencies can point toward a tool that will help keep their officers safe and fulfill the statutory obligation of Minn. Stat. § 626.8458, subd. 1 and Minn. Stat. § 169.17.  

This LMC Model Law Enforcement Emergency Vehicle Operations Policy addresses:

• The purpose of the policy
• When officers are expected to use their sound professional judgment in the operation of emergency vehicles
• When officers should discontinue an emergency response
• What vehicle equipment must be activated when operating in emergency status
• Exemptions that exist for emergency vehicles under Minnesota’s traffic code
• Training requirements 

The policy developed by LMCIT does not encompass the mandatory statewide policy governing the conduct of peace officers who are in pursuit of a vehicle that is being operated by someone who is fleeing a police officer. Agencies can find a model policy and more information about that requirement through the Board of Peace Officer Standards and Training (POST) and at Minn. Stat. § 626.8458, subd. 3. 

Remember:  Responder Safety = Public Safety

In the meantime, stay safe and be careful.

Tracy 

Applications Open for the Firefighter Turnout Gear Washer/Extractor 2023 Award Program

A guest post by LMCIT Public Safety Specialist Troy Walsh                                                   

Since 2015, the first year of the Turnout Gear Washer/Extractor Program, the Department of Public Safety has awarded more than $2.1 million to 265 Minnesota fire departments for the purchase of turnout gear washers/extractors and/or gear dryers. Individual awards will again be granted in amounts up to $10,000 for gear washer/extractors and up to $8,000 for gear dryers.

Apply by April 14

Applications are now available for the 2023-2024 firefighter washer/extractor award program. If you have any questions, please contact Nolan Pasell at (651) 201-7218. A complete application packet must be received by 4 p.m. Friday, April 14, preferably by email to nolan.pasell@state.mn.us. 

Download the application packet. 

If you have any questions or comments, please contact me at twalsh@lmc.org or (651) 281-1231. 

Remember:   Responder Safety = Public Safety

In the meantime, stay warm and be safe!

Troy