Statewide Policies Relating To Pre-Arrest Diversion And Crisis Response

Crisis response is usually considered a local affair – what are the town police department, hospital, or social services agencies doing? But what these various officials are allowed to do and whether they are likely to be successful at it is influenced at the state level through laws and rules about issues such as civil custody, immunity relating to overdoses, and even where ambulances are permitted to take individuals.

Over the last decade, lawmakers have advanced crisis response measures across the country that generally expand the options and authorities available to law enforcement and other first responders. In particular, responses to crises involving drugs have captured legislative attention, resulting in near universal adoption of Good Samaritan laws and a growing number of states authorizing civil protective custody for drug impairment. Significant room for improvement remains, however, especially with the continued use of jails and police stations as detention sites for civil custody in many states.

Nearly every state has adopted some form of the same set of crisis response laws, including civil custody for substance abuse and mental health crises as well as Good Samaritan protections at drug overdoses. Yet the details of these laws vary tremendously, with significant differences in how states treat everything from who can use these procedures to where an individual can be taken or for how long.