New Mexico § 43-1-10 - Emergency mental health evaluation and care

§ 43-1-10. Emergency mental health evaluation and care

A. A peace officer may detain and transport a person for emergency mental health evaluation

and care in the absence of a legally valid order from the court only if: (1) the person is otherwise subject to lawful arrest; (2) the peace officer has reasonable grounds to believe the person has just attempted

suicide; (3) the peace officer, based upon the peace officer's own observation and investigation,

has reasonable grounds to believe that the person, as a result of a mental disorder,

presents a likelihood of serious harm to himself or herself or to others and that

immediate detention is necessary to prevent such harm. Immediately upon arrival at the evaluation facility, the peace officer shall be

interviewed by the admitting physician or the admitting physician's designee; or (4) a physician, a psychologist or a qualified mental health professional licensed

for independent practice who is affiliated with a community mental health center or

core service agency has certified that the person, as a result of a mental disorder,

presents a likelihood of serious harm to himself or herself or to others and that

immediate detention is necessary to prevent such harm. Such certification shall constitute authority to transport the person. B. An emergency evaluation under this section shall be accomplished upon the request

of a peace officer or jail or detention facility administrator or that person's designee

or upon the certification of a physician, a psychologist or a qualified mental health

professional licensed for independent practice who is affiliated with a community

mental health center or core service agency. A court order is not required under this section. If an application is made to a court, the court's power to act in furtherance of

an emergency admission shall be limited to ordering that: (1) the client be seen by a certified psychologist or psychiatrist prior to transport

to an evaluation facility; and (2) a peace officer transport the person to an evaluation facility. C. An evaluation facility may accept for an emergency-based admission any person when

a physician or certified psychologist certifies that such person, as a result of a

mental disorder, presents a likelihood of serious harm to himself or herself or to

others and that immediate detention is necessary to prevent such harm. Such certification shall constitute authority to transport the person. D. A person detained under this section shall, whenever possible, be taken immediately

to an evaluation facility. Detention facilities shall be used as temporary shelter for such persons only in

cases of extreme emergency for protective custody, and no person taken into custody

under the provisions of the code shall remain in a detention facility longer than

necessary and in no case longer than twenty-four hours. If use of a detention facility is necessary, the proposed client: (1) shall not be held in a cell with prisoners; (2) shall not be identified on records used to record custody of prisoners; (3) shall be provided adequate protection from possible suicide attempts; and (4) shall be treated with the respect and dignity due every citizen who is neither

accused nor convicted of a crime. E. The admitting physician or certified psychologist shall evaluate whether reasonable

grounds exist to detain the proposed client for evaluation and treatment, and, if

reasonable grounds are found, the proposed client shall be detained. If the admitting physician or certified psychologist determines that reasonable

grounds do not exist to detain the proposed client for evaluation and treatment, the

proposed client shall not be detained. F. Upon arrival at an evaluation facility, the proposed client shall be informed orally

and in writing by the evaluation facility of the purpose and possible consequences

of the proceedings, the right to a hearing within seven days, the right to counsel

and the right to communicate with an attorney and a mental health professional of

the proposed client's own choosing and shall have the right to receive necessary and

appropriate treatment. G. A peace officer who transports a proposed client to an evaluation facility under

the provisions of this section shall not require a court order to be reimbursed by

the referring county.