500-11 Publicly Intoxicated Persons

Question 1

When appropriate and available, officers are encouraged to use approved alternatives for handling persons who are in violation of Texas Penal Code, Section 49.02, Public Intoxication. When circumstances meet the criteria outlined in this General Order, officers shall _____as an alternative to arrest.

The goal of diverting such persons from the criminal justice system is to reduce the use of criminal justice resources and to assist individuals in receiving needed services.

Answer 1

divert publicly intoxicated individuals to the custody of a responsible adult or the Houston Center for Sobriety (herein referred to as the “Center”)

Question 2

Active Aggression.

Answer 2

A threat or overt act of an assault (through physical or verbal means) coupled with the present ability to carry out the threat or assault that reasonably indicates that an assault or injury to any person is imminent.

Question 3

Intoxicated.

Answer 3

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration at or above the concentration level as set by Section 49.01 of the Texas Penal Code.

Question 4

Public Intoxication.

Answer 4

A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger himself or another person.

Question 5

AUTHORITY

State law (Code of Criminal Procedure, Article 14.031) authorizes a peace officer to take or send a publicly intoxicated person to certain places under certain conditions. The law states that:

In lieu of arresting an individual who is not a child as defined by Texas Family Code, Section 51.02 and who commits an offense under Texas Penal Code, Section 49.02, a peace officer may release the individual if:

a.
The officer believes detention in a penal facility is unnecessary for the _____; and

b.
The individual:
1. Is released to the care of an adult who ______; or

2. Verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program _____.

The Center is able to serve as the responsible adult under the state law referenced in item “b(1 )” above.

Answer 5

a.
The officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and

b.
The individual:
1. Is released to the care of an adult who agrees to assume responsibility for the individual; or

2. Verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment.

Question 6

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

a. Intoxicated individuals less than ___years of age. State law does not allow the Center to accept anyone less than ___ years of age. These individuals shall be handled in the following manner:
1. Persons seventeen years of age and charged with public intoxication may be released to a parent or legal guardian or arrested and placed in jail.
2. For juveniles (less than 17 years of age) investigated for public intoxication, see General Order 500-06, Disposition of Arrested Juveniles.

Answer 6

18

Question 7

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

b. Intoxicated individuals who are unconscious, bleeding from a head injury, or _____. (Officers shall request medical personnel to evaluate the individual.)

Answer 7

experiencing a serious medical condition

Question 8

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

c. Intoxicated individuals displaying signs of _____. (Individuals shall be transported to jail.)

Answer 8

active aggression

Question 9

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

d. Intoxicated individuals who are exhibiting signs of _____. (Individuals shall be transported to the NeuroPsychiatric Center [NPC] at Ben Taub Hospital.)

Answer 9

being suicidal and/or having a mental health crisis

Question 10

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

e. Intoxicated individuals who cannot _____ as noted in this General Order. (Individuals shall be transported to jail.)

Answer 10

be identified

Question 11

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

f. Intoxicated individuals with a _____. (Individuals shall be transported to jail.)

Answer 11

Class C or higher warrant

Question 12

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

g. Intoxicated individuals who are also being charged with a Class C offense involving _____. (Individuals shall be transported to jail.)

Answer 12

violence, narcotics, vice, or criminal mischief, or any greater offense

Question 13

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

h. Intoxicated individuals who are suspected of _____. (Individuals shall be processed in accordance with General Order 500-04, Driving While Intoxicated.)

Answer 13

driving under the influence of alcohol or other drugs

Question 14

PERSONS NOT ELIGIBLE FOR THE CENTER

The following persons are not eligible to be transported to the Center:

i. Intoxicated individuals with an _____ detainer. (Individuals shall be transported to jail.)

Answer 14

Immigration and Customs Enforcement

Question 15

PROCEDURES

As set forth above, when circumstances meet the criteria outlined in this General Order, officers shall divert publicly intoxicated individuals to the custody of a responsible adult or the Center as an alternative to arrest.

Accordingly, whenever either of the below exists, supervisor approval is required to place an individual in jail instead of taking the person to the Center or releasing custody of the person to a responsible adult:

a. An individual is arrested solely for _____.
b. An individual arrested for public intoxication is to be charged with a less serious Class C misdemeanor offense not involving _____.

Answer 15

a. An individual is arrested solely for public intoxication.
b. An individual arrested for public intoxication is to be charged with a less serious Class C misdemeanor offense not involving violence, narcotics, vice, or criminal mischief.

Question 16

PROCEDURES

Officers deciding to place an individual in jail when either of the above applies shall request a field supervisor to the scene. Upon notification, the field supervisor shall _____. Supervisors shall not grant permission to place the individual in jail without _____.

The arresting officer shall explain to the responding supervisor why the individual requires placement in jail. The arresting officer shall document the approving supervisor’s name, employee number, and reason for placing the individual in jail in the Arrest Details box located in the Arrest/Charges tab of the department’s Automated Reporting System (ARS).

Answer 16

1) immediately respond to the scene

2) being present at the scene

Question 17

PROCEDURES

If an individual is intoxicated on a substance other than alcohol, such as marijuana, glue, paint, or any other drug, the individual shall be…

For individuals accepted by the Center or who are released to a responsible adult, officers shall…

Answer 17

1) handled in the same manner as if he were under the influence of alcohol.
2) not issue a Class C citation for the offense of public intoxication.

Question 18

Other Less Serious Class C Charges

If an individual arrested for public intoxication is to be charged with a less serious Class C misdemeanor offense not involving violence, narcotics, vice, or criminal mischief, the officer shall _____when the person is taken to the Center or is released to the custody of a responsible adult.

If the individual is unable or refuses to sign the citation, the officer shall _____ (available on the department’s Intranet Portal) and attach it to the citation. See General Order 500-14, Class C Misdemeanors.

Answer 18

1) issue a citation for the less serious Class C misdemeanor charge(s)
2) complete a Refused or Unable to Sign Affidavit form

Question 19

Medical Conditions

Officers observing persons whom they believe to be intoxicated are reminded that certain medical conditions can be mistaken for intoxication. Officers shall check for a _____ or other similar item that may indicate the person has a medical issue.

A detainee who exhibits signs of possible acute alcohol intoxication (alcohol poisoning) or other serious medical condition shall be evaluated by Emergency Medical Services. If responding medical personnel determine that the individual requires transportation to a hospital for further treatment, officers may assist, but shall not transport the intoxicated person themselves. If the person is _____, there is no need for officers to follow medical personnel to the medical facility.

Answer 19

1) medical identification bracelet

2) not being charged with a crime and does not pose an immediate threat to medical personnel

Question 20

Medical Conditions

Identifiable symptoms of acute alcohol intoxication may include:

a. _____or _____
b. Repeated episodes of _____
c. _____while sleeping or passed out and not waking after ____
d. Inability to _____

Answer 20

a. Unconsciousness or semiconsciousness
b. Repeated episodes of vomiting
c. Vomiting while sleeping or passed out and not waking after vomiting
d. Inability to walk or stand

Question 21

Identification

If an officer believes it is necessary to take an intoxicated individual into custody for _____, the officer shall check the person’s identification and check for outstanding warrants or fugitive status.

Prior to an individual being taken to the Center, officers shall verify the person’s identity. Some form of government issued photo identification is preferable. If this or other photo identification is not available, officers shall use the department’s computer system, mobile computing device, fingerprint identification system, mug shot identification system, etc. to confirm the validity of the personal information provided by the person in custody.

Intoxicated individuals without satisfactory identification, but known to the officer, may be _____

Unsatisfactory identification requires officers to…

Answer 21

1) his or her own safety or for the public’s safety
2) transported to the Center based on the officer’s familiarity with the individual.
3) transport intoxicated individuals to jail with the criminal charge of public intoxication.

Question 22

Search and Transport

Officers shall release all _____ found to be publicly intoxicated to the custody of a responsible adult or the Center located at 150 N. Chenevert St., Houston, Texas. At the Center, officers shall enter the facility using the marked “Police Entrance.”

Answer 22

eligible non-aggressive adult individuals (age 18 years or older)

Question 23

Search and Transport

When transporting publicly intoxicated individuals, officers shall handcuff, search, and transport them in the same manner as prisoners in accordance with General Orders 500-01, Effecting Arrests and Searches and 500-02, Handling and Transporting Prisoners and Other Persons.

If an intoxicated individual is found to be in possession of illegal weapons, illegal narcotics, or contraband, officers shall contact the District Attorney’s Office to seek appropriate charges. If charges are accepted the individual shall be placed in jail.

If charges are not accepted by the District Attorney’s Office, the intoxicated individual shall be _____. Officers shall tag all firearms, illegal weapons, illegal narcotics, and contraband according to department policy and complete an incident report. These items shall not be left at the Center.

Answer 23

released to the custody of a responsible adult or the Center

Question 24

PROCESSING AT THE CENTER

Property

_____ are responsible for the inventory, safekeeping, and return of all property to individuals processed through the Center.

Answer 24

Center personnel

Question 25

PROCESSING AT THE CENTER

Medical Screening

All individuals transported to the Center will be subject to a brief medical evaluation by personnel at the Center. If medical issues are present that are beyond the scope of the services at the Center, _____will assume custody of the intoxicated individual and arrange for medical transportation. Officers are not required to _____

Answer 25

1) personnel at the Center

2) wait while medical transportation is arranged.

Question 26

PROCESSING AT THE CENTER

Documentation

Officers utilizing the Center shall complete the Center’s Public Intoxication Jail Diversion form available in the officer work area at the Center. Officers shall leave a copy of the form with the Center staff. No incident report is required unless…

Answer 26

circumstances addressed in General Order 800-07, Criteria for Submitting Incident Reports, are present.

Question 27

REMOVING INDIVIDUALS FROM THE CENTER

During the Center’s intake procedure, the trained staff may reject the admission of a person for specific reasons. When this occurs the officer will be given a rejection slip with the reasons listed. Depending on the reason, the officer may be directed to NPC or to the jail. Upon arrival at the appropriate location, the officer shall _____

Answer 27

give the rejection form to the staff to assist in processing the person.

Question 28

REMOVING INDIVIDUALS FROM THE CENTER

On occasion Center personnel may find it necessary to request a police response to the location in order to address the criminal behavior of an individual placed at the Center. Officers responding to calls for service at the Center must remain cognizant of the fact that a decision to arrest must be based on probable cause that a crime has occurred. Officers responding to the Center shall _____

Answer 28

clearly establish the elements of the offense existing at the time they respond (e.g., assault, threat, criminal mischief).

Question 29

REMOVING INDIVIDUALS FROM THE CENTER

Individuals who choose to leave the Center may be charged with public intoxication if the responding officer determines that the individual is intoxicated, appears in a public place, and _____.

If an individual is to be arrested for the offense of public intoxication, it shall be based on the officer’s observations at the time of responding to the call for service at the Center and not based on the_____

Answer 29

1) is a danger to himself or others

2) observations of the officer who originally brought the individual to the Center.

Question 30

REMOVING INDIVIDUALS FROM THE CENTER

Officers responding to calls for service from the Center to deal with persons at the Center for criminal violations shall _____ prior to arresting and removing the person from the Center. Officers shall include the supervisor’s name and the statement, “Sobriety Center Client” in the Arrest Details box located in the Arrest/Charges tab of the department’s ARS.

Answer 30

request a supervisor to the scene for authorization