1. Legal Ramifications for the
17a-503
“Police Emergency
Examination Request” Form
Marshall T. Segar, Esq. www.marshalllawusa.com
2. Learning Unit Objectives
2. Understand the Use and
Application of C.G.S. 17a-503
3. Demonstrate the Proper Method
of Completing the “P.E.E.R.”
Form
4. Review of
In Crisis or Intoxicated?
A Distinction and A Difference!
3. Your . . .
Bread and
Butter!
Your . . .
Nuts and Bolts!
C.G.S. 17a-503 is . . .
4. Sec. 17a-503. (Formerly Sec. 17-183a). Detention by police
officer prior to commitment. Issuance of emergency
certificates by psychologist and certain clinical social workers
and advanced practice registered nurses. (a) Any police
officer who has reasonable cause to believe that a person has
psychiatric disabilities AND is dangerous to himself or herself
or others or gravely disabled, AND in need of immediate care
and treatment, may take such person into custody and take or
cause such person to be taken to a general hospital for emergency
examination under this section. The officer shall execute a
written request for emergency examination detailing the
circumstances under which the person was taken into
custody, and such request shall be left with the facility. The
person shall be examined within twenty-four hours and shall not
be held for more than seventy-two hours unless committed under
section 17a-502.
5. 17a-503, Let’s Break it down . . .
Police Officer – YOU (or a LCSW or RN (17a-503(d))
7. 17a-503, Let’s Break it down . . .
Psychiatric Disabilities – Defined in C.G.S. 17a-495
. . . Any person who has a mental or emotional
condition which has substantial adverse effects on his or
her ability to function and who requires care and
treatment, and specifically excludes a person who
is an alcohol-dependent person or a drug-
dependent person
8. 17a-503, Let’s Break it down . . .
Dangerous – Defined in C.G.S. 17a-495
. . . means there is a substantial risk that physical
harm will be inflicted by an individual upon his or her
own person or upon another person
9. 17a-503, Let’s Break it down . . .
Gravely Disabled – Defined in C.G.S. 17a-495
. . . means that a person, as a result of mental or
emotional impairment, is in danger of serious
harm as a result of an inability or failure to
provide for his or her own basic human needs
such as essential food, clothing, shelter or
safety and that hospital treatment is necessary
and available and that such person is mentally
incapable of determining whether or not to
accept such treatment because his judgment is
impaired by his psychiatric disabilities
12. 17a-503, Let’s Break it down . . .
Why is understanding this statute so important?
13. 17a-503, Let’s Break it down . . .
The defense of qualified immunity protects
"government officials . . . from liability for civil
damages insofar as their conduct does not violate
clearly established statutory or constitutional
rights of which a reasonable person would have
known."
The qualified immunity test requires a two-part
analysis: "(1) Was the law governing the official's
conduct clearly established? (2) Under that law,
could a reasonable officer have believed the conduct
was lawful?"
14. 17a-503, Let’s Break it down . . .
In order to claim qualified immunity from the
plaintiff’s due process claim arising from her
involuntary commitment under Connecticut law,
police officers were required to show that, at the
time they encountered the plaintiff, it was
objectively reasonable for them to believe that the
plaintiff was dangerous to themselves or others, or
gravely disabled, and in need of immediate care and
treatment.
Williams v. Lopes, 64 F. Supp 2d 37 (1999)
15. The P.E.E.R. form is not to
be used, and 17a-503 does
not apply, solely based on the
issue of intoxication!
16. Sec. 17a-683. (Formerly Sec. 19a-126c). Police assistance for intoxicated persons.
Protective custody of person incapacitated by alcohol. Medical examination.
Detention and release. Notification to family. Assistance for nonadmitted person.
(a) Any police officer finding a person who appears to be intoxicated in a public
place and in need of help may, with such person's consent, assist such person to
his home, a treatment facility, or a hospital or other facility able to accept such
person.
(b) Any police officer finding a person who appears to be incapacitated by
alcohol shall take him into protective custody and have him brought forthwith to
a treatment facility which provides medical triage in accordance with regulations
adopted pursuant to section 19a-495 or to a hospital. The police, in detaining the
person and in having him brought forthwith to such a treatment facility or a hospital,
shall be taking him into protective custody and shall make every reasonable effort to
protect his health and safety. In taking the person into protective custody, the
detaining officer may take reasonable steps to protect himself. A taking into
protective custody under this section is not an arrest. No entry or other record shall be
made to indicate that the person has been arrested or charged with a crime. For
purposes of this section "medical triage" means a service which provides immediate
assessment of symptoms of substance abuse, the immediate care and treatment of
these symptoms as necessary, a determination of need for treatment, and assistance in
attaining appropriate continued treatment.
