Senator, police chief question protective custody bill

McCOOK, Neb. -- Legislation introduced earlier this month at the state level could provide a financial benefit to counties but has others worried it would come with unintended consequences.

The bill, LB780, intends to provide rapid transfer of custody and responsibility for individuals detained in emergency protective custody cases from law enforcement to mental health authorities, according to its statement of intent.

It also provides misdemeanor penalties for mental health personnel who neglect their duty.

During this morning's McCook Area Chamber of Commerce legislative conference call, Chief of Police Isaac Brown said he was concerned it would also create safety concerns for healthcare personnel.

He said the bill looked like an effort to shift cost from counties to the state but it needed to be amended.

"It creates a loophole for law enforcement to drop off individuals at the emergency room and say 'thanks, bye.' It would be a disaster for everyone involved," said Chief Brown. The legislation needs to be amended to close loopholes and protect hospital staff, he added.

District 44 State Sen. Dan Hughes indicated he agreed with Brown's interpretation and said the fiscal note on the bill projected a price tag to the state in the neighborhood of $14 million. He said smaller communities didn't have the Health and Human Services resources available in more populated areas and predicted the bill would have trouble gaining traction based on the expense it would incur.

Sen. Hughes told chamber members he would keep an eye on the bill going forward.