Texas Health and Safety Code 573.002 – Peace Officer’s Notification of Detention
(a) A peace officer shall immediately file with a facility a notification of detention after transporting a person to that facility in accordance with § 573.001. Emergency medical services personnel of an emergency medical services provider who transport a person to a facility at the request of a peace officer made in accordance with a memorandum of understanding executed under § 573.005 shall immediately file with the facility the notification of detention completed by the peace officer who made the request.
(b) The notification of detention must contain:
(1) a statement that the officer has reason to believe and does believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) a statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
(5) a statement that the officer’s beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer;
(6) a detailed description of the specific behavior, acts, attempts, or threats; and
(7) the name and relationship to the apprehended person of any person who reported or observed the behavior, acts, attempts, or threats.
Terms Used In Texas Health and Safety Code 573.002
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The facility where the person is detained shall include in the detained person’s clinical file the notification of detention described by this section.
(d) The peace officer shall provide the notification of detention on the following form: