513 – Mental Health Diversion Center
I. Purpose
To provide department personnel with guidelines for using the Judge Ed Emmett Mental Health Diversion Center.
II. Policy
To divert individuals to the Diversion Center when circumstances meet the criteria outlined in this policy.
III. Definitions
Active Aggression – A threat or overt act of an assault (through physical or verbal means) coupled with the present ability to carry out the threat or assault that reasonably indicates that an assault or injury to any person is imminent.
Developmental Disabilities – Severe and chronic disability that is attributable to a mental or physical impairment that begins before an individual reaches adulthood. These disabilities include intellectual disability, cerebral palsy, epilepsy, autism, and disabling conditions closely related to intellectual disability or requiring similar treatment.
Health Insurance Portability & Accountability Act (HIPAA) – Congress passed HIPAA in 1996. Among other requirements, HIPAA requires the protection and confidential handling of protected health information.
Neurocognitive Disorder – A general term that describes decreased mental function due to a medical disease other than a psychiatric illness. It replaces the term “dementia” in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5).
Serious Mental Illness – mental, behavioral, or emotional disorder(s) resulting in serious functional impairment, which substantially interferes with or limits one or more major life activities, including but not limited to Schizophrenia, Schizoaffective Disorder, Bipolar Disorder, Major Depression, or Brief Psychotic Disorder.
Triage/Diversion Desk – Incorporated into the Joint Processing Center. Staffed 24/7 by jail diversion specialists from The Harris Center for Mental Health and Intellectual and Developmental Disabilities.
IV. Discussion
Diverting individuals with mental illness, developmental disabilities, neurocognitive disorders, and alcohol and substance use issues from incarceration into treatment is one of the most important issues facing criminal justice today. Harris County’s jail diversion strategy started with the opening of the Neuro-Psychiatric Center (NPC) in 1999. The NPC is a psychiatric crisis center for individuals in mental health crisis who are a danger to themselves or others. Law enforcement officers have diverted thousands of individuals from jail to the NPC.
A second milestone in Harris County’s jail diversion strategy was the opening of the Houston Recovery Center (hereinafter referred to as the Sobering Center) in May 2013. This facility for individuals with alcohol and substance use issues. Public intoxication jail admissions declined 98.7% from 2012 to 2021 because of this facility.
A third milestone in Harris County’s jail diversion strategy was the opening of the Judge Ed Emmett Mental Health Diversion Center (hereinafter referred to as the Diversion Center) in September 2018. It is one of the programs of the Respite, Rehabilitation and Recovery Center located at 6160 South Loop East Freeway, Houston, TX 77087. The Diversion Center offers alternative to the incarceration of people with mental illness, developmental disabilities, or neurocognitive disorders who have committed low-level offenses; defined generally as non-violent misdemeanors in which mental illness, a developmental disability, and/or a neurocognitive disorder is believed to be a contributing factor in the commission of the offense. This is a pre-arrest/pre-charge diversion program.
Examples of divertible offenses include the following:
A. A person who trespasses because he/she is homeless, mentally ill, and in need of a place to sleep.
B. A person who shoplifts because he/she has a neurocognitive disorder (dementia) and is not aware of his criminal behavior.
C. An autistic person who causes a disturbance by displaying aggressive behavior and having verbal outbursts that are a result of sensory dysfunction, an uncontrollable manifestation of the illness.
V. Diversion From the Field
When detaining a suspect for a low-level offense and the suspect is not in crisis and does not meet the criteria for emergency detention, but appears in need of psychosocial services and the offense appears to be a result of possible mental illness, developmental disability, or neurocognitive disorder, follow the steps below:
A. Call the Triage/Diversion Desk at 346-286-1299 to determine if the suspect has a mental health history and is a candidate for diversion. This is a law enforcement-only hotline and not for public release. (NOTE: Federal HIPAA laws prevent the jail diversion specialists from providing law enforcement personnel with the suspect’s specific mental health history.) Deputies who are participating in the department’s Clinician and Officer Remote Evaluation (CORE) Telehealth Program may utilize their iPad to contact a clinician instead of contacting the Triage/Diversion Desk.
B. If the suspect has no mental health history, advise the complainant but explain the suspect appears to be in need of psychosocial services (food, clothing, hygiene, mental health treatment, etc.). Discuss charging options, including the option to transport the suspect to the Diversion Center to receive services.
C. If the suspect has a mental health history, advise complainant but do not provide specifics. Discuss charging options to include the transportation of the suspect to the Diversion Center to receive services.
D. Call DA Intake and inform the assistant district attorney (ADA) of the totality of the circumstances, including mental health status and history and the charging option preferred by the complainant. The goal is to give the ADA as much information as possible to make an appropriate charging decision. The charging option preferred by the complainant will be considered by the ADA but will not be the deciding factor in the charging decision.
E. Transport the suspect to the Joint Processing Center (JPC) if charges are accepted.
F. Transport the person to the Diversion Center if charges are not accepted.
VI. Diversion at the Joint Processing Center (JPC)
Intake personnel check the mental health status of all suspects. If the suspect meets the criteria for possible diversion, intake personnel will direct the deputy to take his/her suspect to the Triage/Diversion Desk. A jail diversion specialist will conduct a brief review of the suspect’s mental health history and may conduct a brief assessment of the suspect.
A. The suspect is booked into the JPC if he/she is not a candidate for diversion as determined by the jail diversion specialist.
B. If the jail diversion specialist determines the suspect is a candidate for diversion, deputies will:
1. Advise the complainant of this if the complainant is available. Discuss charging options to include transportation of the suspect to the Diversion Center to receive services.
2. Call DA Intake and inform the ADA of the totality of the circumstances including the suspect’s mental health status (from the Triage/Diversion Desk, investigation, etc.). The goal is to give the ADA a much information as possible to make an appropriate charging decision.
3. Transport the person to the Diversion Center if charges are not accepted.
VII. Persons Not Eligible For the Diversion Center
The following persons are not eligible for the Diversion Center:
A. Individuals less than 18 years of age.
B. Individuals who are unconscious, bleeding from a head injury, or experiencing a serious medical condition.
C. Individuals displaying active aggression.
D. Individuals who meet the criteria for emergency detention (e.g., believed to be in a mental health crisis and pose a substantial risk of serious harm to self or others). Transport these individuals to the NPC or a hospital emergency department.
E. Individuals you cannot identify.
F. Individuals with a warrant.
G. Individuals suspected of driving under the influence of alcohol or other drugs.
H. Individuals arrested for the offense of public intoxication with no apparent mental health issues. Transport these individuals to the Sobering Center.
I. Individuals with an Immigration and Customs Enforcement detainer.
VIII. Confirming the Person’s Identity
Confirm the validity of the personal information provided by the person in custody via the department’s computer system, mobile computing device, etc.
IX. Search and Transport
Transport individuals to the Diversion Center in the same manner as prisoners (e.g., handcuff and search them). If you find illegal weapons, illegal narcotics, or contraband on the individual, contact the district attorney’s office and seek appropriate charges. Tag all firearms, illegal weapons, illegal narcotics, and contraband according to department policy.
X. Property
Diversion Center personnel are responsible for the inventory, safekeeping, and return of all property of individuals processed through the Diversion Center.
XI. Medical Screening
Individuals transported to the Diversion Center will receive a brief medical screening. Diversion Center personnel will assume custody of the individual and arrange for medical transport if the person has medical issues, including mental health issues, beyond the ability of the center’s services. Deputies are not required to wait while the center arranges medical transport.
XII. Documentation
Deputies will complete the Diversion Center’s one-page form and will make an incident report on all individuals taken to the center. Document the name of the person at the center who took custody of the individual, the name of clinicians consulted, and the property of the person in your incident report.
Revision
This policy has been revised on the below listed dates:
November 5, 2012
August 31, 2018
April 29, 2021
May 6, 2021
June 1, 2024