36-525. Apprehension and transportation by
peace officers; immunity
A. A peace officer shall on the advice of the admitting officer of the evaluation
agency pursuant to section 36-524, subsection E apprehend and transport a person to an
evaluation agency.
B. In those instances in which the procedures set forth in section 36-524 are not
available, a peace officer may take into custody any individual he has probable cause to
believe, based on his own observations, is, as a result of mental disorder, a danger to
self or others, and that during the time necessary to complete the prepetition screening
procedures set forth in sections 36-520 and 36-521 the person is likely without immediate
hospitalization to suffer serious physical harm or serious illness or to inflict serious
physical harm on another person. The peace officer shall transport the person to a
screening agency unless the person's condition or the agency's location or hours makes
such transportation impractical, in which event the person shall be transported to an
evaluation agency. A peace officer is not held civilly liable for any acts committed by
a person whom the peace officer has not taken into custody pursuant to this section.
C. If apprehension takes place on or about the premises of the apprehended person,
the officer shall take reasonable precautions to safeguard the premises and the property
thereon, unless such property and premises are in the possession of a responsible
relative or guardian.
D. A peace officer who makes a good faith effort to follow the requirements of this
section is not subject to civil liability.
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