[§334-42]  Emergency transportation initiated by a law enforcement officer.  (a)  When a law enforcement officer has a reasonable suspicion that an individual is imminently dangerous to self or others and needs to be detained for emergency examination, the law enforcement officer shall contact a mental health emergency worker; provided that the law enforcement officer may temporarily detain the individual if the law enforcement officer:

     (1)  Is unable to reach a mental health emergency worker telephonically after three attempts;

     (2)  Has reason to believe that the situation requires immediate intervention to prevent harm to the individual or others;

     (3)  Contacts a mental health emergency worker at the earliest time possible; and

     (4)  Documents the reasons why the situation necessitated that the individual be detained.

     If the mental health emergency worker determines that the individual is mentally ill or suffering from substance abuse and is imminently dangerous to self or others, the law enforcement officer shall detain the individual for transportation to a facility for an emergency examination.

     (b)  When a crisis intervention officer has probable cause to believe that an individual is mentally ill or suffering from substance abuse and is imminently dangerous to self or others, the crisis intervention officer shall detain the individual for transportation to a facility for an emergency examination.  The crisis intervention officer shall contact a mental health emergency worker to determine the type of facility where the individual shall be transported.

     (c)  Any individual detained under this section shall be transported directly to a psychiatric facility or other facility designated by the director, as determined by a mental health emergency worker; provided that if a medical emergency occurs during transport, the individual shall be transported to the nearest emergency department.  A law enforcement officer shall make an application for the emergency examination of the individual.  The application shall state in detail the circumstances under which and reasons why the individual was taken into custody.  The application shall be transmitted with the individual to the psychiatric facility or other facility designated by the director and be made a part of the individual's clinical record.

     (d)  For the purposes of this section, "crisis intervention officer" has the same meaning as defined in section 353C-1. [L 2025, c 219, pt of §3]