* § 9.41 Emergency assessment for immediate observation, care, and

treatment; powers of certain peace officers and police

officers.

** (a) Any peace officer, when acting pursuant to his or her special
duties, or police officer who is a member of the state police or of an
authorized police department or force or of a sheriff's department may
take into custody any person who appears to be mentally ill and is
conducting himself or herself in a manner which is likely to result in
serious harm to the person or others. Such officer may direct the
removal of such person or remove him or her to any hospital specified in
subdivision (a) of section 9.39 of this article, or any comprehensive
psychiatric emergency program specified in subdivision (a) of section
9.40 of this article, or pending his or her examination or admission to
any such hospital or program, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action.

** NB Effective until August 7, 2025

** (a) Any peace officer, when acting pursuant to their special
duties, or police officer who is a member of the state police or of an
authorized police department or force or of a sheriff's department may
take into custody any person who appears to be mentally ill and is
conducting themself in a manner which is likely to result in serious
harm to the person or others. Such officer may direct the removal of
such person or remove such person to any hospital specified in
subdivision (a) of section 9.39 of this article, or any comprehensive
psychiatric emergency program specified in subdivision (a) of section
9.40 of this article, or pending such person's examination or admission
to any such hospital or program, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action. Provided,
however, a peace officer or police officer directing the removal of a
person who is conducting themself in a manner which is likely to result
in serious harm as defined by paragraph three of subdivision (c) of
section 9.01 of this chapter, shall request the transport of such person
be conducted by emergency medical services, if practicable based on: the
person's potential medical needs and the capacity limits of the local
emergency medical services agencies, as determined by the local
emergency medical services agencies; and the safety of the person being
removed, as determined by the officer.

** NB Effective August 7, 2025

(b) A person otherwise determined to meet the criteria for an
emergency assessment pursuant to this section may voluntarily agree to
be transported to a crisis stabilization center under section 36.01 of
this chapter for care and treatment and, in accordance with this
article, an assessment by the crisis stabilization center determines
that they are able to meet the service needs of the person.

* NB Effective until July 1, 2027
* § 9.41 Emergency admissions for immediate observation, care, and

treatment; powers of certain peace officers and police

officers.

Any peace officer, when acting pursuant to their special duties, or
police officer who is a member of the state police or of an authorized
police department or force or of a sheriff's department may take into
custody any person who appears to be mentally ill and is conducting
themself in a manner which is likely to result in serious harm to
themself or others. Such officer may direct the removal of such person
or remove such person to any hospital specified in subdivision (a) of
section 9.39 of this article or, pending such person's examination or
admission to any such hospital, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action. Provided,
however, a peace officer or police officer directing the removal of a
person who is conducting themself in a manner which is likely to result
in serious harm as defined by paragraph three of subdivision (c) of
section 9.01 of this article, shall request the transport of such person
be conducted by emergency medical services, if practicable based on: the
person's potential medical needs and the capacity limits of the local
emergency medical services agencies, as determined by the local
emergency medical services agencies; and the safety of the person being
removed, as determined by the officer.

* NB Effective July 1, 2027