Distribution General Order Number
ALL PERSONNEL 5.06
Original Issue Date Reissue/Effective Date
WILL COUNTY 09/12/2022 09/12/2023
SHERIFF’S OFFICE
POLICY AND PROCEDURE
GENERAL ORDER
CALEA Accreditation Section
Order Title: Standard:
5
MENTALLY ILL AND HOMELESS 41.2.7
INDIVIDUALS Rescinds:
Section Title:
PATROL FUNCTIONS
Mike Kelley, Sheriff of Will County
This General Order is for Sheriff’s Office use only and does not apply in any criminal or civil proceeding. This General Order should
not be construed as creation of a higher legal standard of safety or care in an evidentiary sense with respect to third party claims.
Violations of this General Order will only form the basis for Sheriff’s Office administrative sanctions. Violations of law will form the
basis for civil and criminal sanctions in a recognized judicial setting.
I. PURPOSE
The purpose of this General Order is to establish guidelines, policies, and procedures for Will
County Sheriff’s Office (“the Sheriff’s Office”) members for the handling of persons who, due to
mental illness, present a danger to themselves or others and cannot meet their basic needs or
ordinary demands of life.
II. POLICY
Mental illness or homelessness is not a crime and does not, in itself, justify or require police
intervention. Many mentally ill persons are capable of functioning on their own without danger
to themselves or others. When persons appear to be mentally ill, however, the Sheriff’s Office’s
primary concern shall be to protect the mentally ill person and other citizens.
III. DEFINITIONS
Mentally Ill Individual: A person who has a substantial disorder of thought, mood, perception,
orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or
ability to meet the ordinary demands of life.
General Order 5.06 - 1
Homeless Individual: An individual who lacks a fixed, regular, and adequate nighttime residence
or has a primary nighttime residency that is: (1) A supervised publicly or privately-operated
shelter designed to provide temporary living accommodations, or (2) A private place not
designed for, or ordinarily used as a regular sleeping accommodation for human beings.
IV. PROCEDURES
A. Protective Custody
Illinois law provides for the mandatory treatment and involuntary admission of a
person 18 years of age or older. Pursuant to 405 ILCS 5/1-119. "Person subject to
involuntary admission on an inpatient basis" means:
1. A person with mental illness who because of his or her illness is reasonably
expected, unless treated on an inpatient basis, to engage in conduct placing
such person or another in physical harm or in reasonable expectation of being
physically harmed;
2. A person with mental illness who because of his or her illness is unable to
provide for his or her basic physical needs so as to guard himself or herself
from serious harm without the assistance of family or others, unless treated on
an inpatient basis; or
3. A person with mental illness who:
a. refuses treatment or is not adhering adequately to prescribed treatment;
b. because of the nature of his or her illness, is unable to understand his
or her need for treatment; and
c. if not treated on an inpatient basis, is reasonably expected, based on
his or her behavioral history, to suffer mental or emotional
deterioration and is reasonably expected, after such deterioration, to
meet the criteria of either paragraph (1) or paragraph (2) of this
Section.
In determining whether a person meets the criteria specified in paragraph (1), (2),
or (3), the court may consider evidence of the person's repeated past pattern of
specific behavior and actions related to the person's illness
B. Recognizing abnormal behavior
1. Mental illness is often difficult for even the trained professional to define in a
given individual. Deputies are not expected to make judgments of mental or
emotional disturbances but rather to recognize behavior that is potentially
dangerous or destructive to self or others.
G.O. # 5.06 - 2
2. When Will County Sheriff’s Office deputies are confronted with a situation
involving a mentally ill individual, the deputy should endeavor to gain as
much background information about the individual as possible. Some of the
signs to help recognize mental illness in a person relate to significant changes
in behavior. These include:
a. Others saying that the person is not “him/herself;”
b. They may behave in a way dangerous to themselves or to others;
c. They may withdraw into themselves, talking only to themselves;
d. Mentally ill persons may show signs of strong and unrelenting fear of
persons, places, or things. The fear of people or crowds, for example,
may make the individual extremely reclusive or aggressive without
apparent provocation.
e. They may have sensations that are not based on reality, such as:
(1) Visions, strange odors, peculiar tastes or voices
(2) Unrealistic ideas or grand thoughts about themselves
(3) Believing that they are worthless (extreme depression)
(4) Delusions (unrealistic ideas) about the world
(5) Exaggerate events that occur
(6) Believe the world is more unfriendly than it is
(7) Strange losses of memory or not know the time, or where or
who they are
3. The types of impaired (abnormal) behavior that are most dangerous are the
violent, depress/suicidal, or where physical illness or loss of memory is
involved. Impaired behaviors seen most often by deputies include the:
a. Psychopathic personality
b. Alcoholic
c. Drug addict
d. Sex offender
e. Mentally retarded
f. Mental disorders of old age
4. If the deputy observing the conduct of the individual has any doubt as to
whether or not the individual is a "person requiring treatment," the deputy
shall request Emergency Medical Services be dispatched to the scene to
conduct an evaluation.
G.O. # 5.06 - 3
5. If the deputy on scene is unable to make a determination wheter or not the
individual is a "person requiring treatment.", a supervisor will be contacted
immediately When the decision is made to convey, the deputy observing the
conduct will make the conveyance. The deputy shall complete all
documentation required at treatment facility. A Deputy shall accutely
document the circumstances under which the person was taken into custody,
and transported to a facility and an incident report. The individual shall not
be taken to the Adult Detention Facility nor be listed as an arrestee on
incident report unless otherwise authorized by immediate supervisor.
6. Deputies shall complete an Incident Report to document the incident.
C. Dealing with the Mentally Ill
Should the deputy determine that an individual may be mentally ill and a potential
threat to themselves, the deputy, or others, or may otherwise require law enforcement
intervention; the following responses provide general guidelines. (Deputies shall also
refer to General Order 7.05: Crisis Intervention Team, for incidents involving
individuals with mental or behavioral health problems.)
1. Take steps to calm the situation. Where possible, eliminate emergency lights
and sirens, disperse crowds, and assume a quiet non-threatening manner when
approaching or conversing, with the individual;
2. Move slowly and do not excite the disturbed individual. Provide reassurance
that the police are there to help and that they will be provided with appropriate
care;
3. Avoid topics that may agitate the individual and guide the conversation
toward subjects that help bring the individual back to reality;
4. Always attempt to be truthful with the individual. If a subject becomes aware
of deception, they may withdraw from contact in distrust and may become
hypersensitive or retaliate in anger.
5. Deputies may take into custody and transport an individual to a mental health
facility an individual whom the deputy reasonably believes is subject to
involuntary inpatient admission AND is in need of immediate hospitalization
to protect that person or others from from physical harm.
a. Upon arrival to the facility the Deputy must either 1) complete a petition
in conformance with 405 ILCS 5/3-601 or 2) provide the facility with the
deputy’s name, badge number, and employer so that he or she may be
listed as a witness on any petition.
G.O. # 5.06 - 4
b. Deputies should consult with their supervisor should they have any
questions about involuntary admission procedures by a peace officer.
D. Accessing Available Community Mental Health Resources
1. Will County Sheriff’s Office employees should be aware of available
community mental health resources in the area. A listing of these agencies is
kept in the Dispatch Center, and includes:
Cornerstone Services Inc.
800 Black Road
Joliet, IL 60432
815-727-6667
Helen Wheeler Center CMH
275 East Court Street, Suite 102
Kankakee, IL 60901-3854
815-939-3543
Will County Health Department
501 Ella Avenue
Joliet, IL 60433-2799
815-727-8521
Additional community mental health resources can be found on the Will County
State’s Attorney’s “Helpful Resources” site
E. Conveyance when Presented with a Court Ordered Admission
1. When a court determines that there is probable cause to believe that an
individual has “psychiatric disabilities” and is dangerous to himself or herself
or others, or gravely disabled, that court may order that such an individual be
taken into custody and transported to a general hospital for examination.
Under these circumstances, the deputy shall take the individual named in the
document into protective custody and convey the individual to the appropriate
treatment facility for examination.
F. Training
1. Deputies shall complete entry- level training on issues surrounding dealing
with persons with mental illness. Such training will be documented.
2. Agency personnel shall complete an annual refresher training concerning
dealing with persons suffering from mental illness. The annual training will
be documented.
G.O. # 5.06 - 5
V. HOMELESS PERSONS
While it is clear that not all homeless persons are mentally ill, it is evident that many persons
who are homeless suffer from varying degrees of mental illness and/or substance abuse.
A. Procedure for Homeless Persons
At any time, and for any reason, a deputy may approach a homeless person, who has
not been observed engaging in any criminal activity, to advise him or her of shelters,
services, or assistance, which are currently available. The homeless person may or
may not accept the advice or referral and may even walk away from the deputy. The
homeless person is under no legal obligation to remain and is free to walk away. The
sole rationale is to proactively provide referrals to the homeless.
B. Transporting Homeless Persons
Deputies may transport homeless persons to homeless shelters when the person
accepts such referrals. The homeless person shall be searched for weapons before
being transported. Deputies transporting a homeless person to any shelter shall
comply with the intake procedures of the chosen organization. The name of the intake
worker shall be noted on the deputy’s Incident Report (or CAD.)
C. Arrests
Arrests of all persons, including those defined as homeless, shall comply with all
applicable laws and Sheriff’s Office policies and procedures. However, when
encountering a homeless person who has committed a misdemeanor law violation
(e.g., begging, etc.,) where the continued freedom of the individual would not result
in disorderly conduct or a more serious offense, deputies are encouraged to utilize
referral services or other appropriate social service agencies in lieu of a physical
arrest. It must be recognized that such referral is contingent on the voluntary
agreement of the homeless person to accept such referral. The discretion to make a
physical arrest of a person determined to be homeless for misdemeanor violations
shall be the responsibility of the individual deputy.
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