Peace Officer Cannot be Detained After Safe & Orderly Transfer of Custody

A safe & orderly transfer process is complete once the person has been admitted to the ED and placed in a room.

If the patient being transported to the Emergency Department by a peace officer is

  • not compliant,
  • is a safety risk towards others,
  • or at risk of elopement…

The ED may request the peace officer to:

  • provide assistance until appropriate measures are employed by the ED team to ensure the safety of the patient, other patients in the ED, and the ED staff. These measures shall be employed as promptly as possible by the ED team.

If an individual commits a crime that results in harm to others while admitted as a patient of an ED on a current 5150 hold, the ED may request officer assistance so that the ED team can safely employ appropriate measures to ensure the safety of the patient, other patients in the ED, and the ED staff.

WIC 5150.2The peace officer can not be detained after a safe and orderly transfer