Community review commission discusses changes to Sacramento sheriff's mental health response policy
SACRAMENTO -- A Sacramento County oversight commission took up a sheriff's office policy change to stop responding to noncriminal mental health calls last month, first reported by CBS13.
The policy change, according to Sheriff Jim Cooper, follows a Ninth Circuit Court ruling in Scott v. Smith, a 2019 incident in Las Vegas when Roy Scott, who was experiencing hallucinations, called 911 for help. Two officers responded to the call and used force that led to Scott losing consciousness. He later died.
Sheriff Cooper cited the ruling as a reason because, as it was interpreted by the department, deputies would no longer have qualified immunity.
On Tuesday night, there was no representative from the sheriff's office at the monthly Sheriff Community Review Commission meeting. The commission chair said this was the first time in two years that a representative from the department was not in attendance, although it is not required for them to attend.
In a statement provided to CBS13, a spokesperson for the sheriff's office explained the representative's absence:
"We have already presented this policy to the board as a whole, and to individual board members. The policy has already been put into effect, as outlined in the Sheriff's press conference."
The Community Review Commission was created to provide oversight of the sheriff's policies and procedures, but they do not have direct policy power. The commission can make recommendations and because the mental health response policy falls into that purview, they are reviewing it.
The meeting went on as planned but instead of a collaborative discussion that the commission hoped to have, there was discussion amongst the commission, community organizations and the public.
"The fire department can respond, as well as county wellness response teams. Neither one of them will respond if the sheriff's department cannot be there to protect them," said Paul Curtis, chair of the commission.
A review of the federal court ruling was presented during Tuesday's commission meeting. A law firm for the California State Sheriffs' Association provided a seven-page document outlining the facts of the case and how it affects state agencies.
In it, the author references CBS13's original story on the policy change, as described by Cooper in a January Community Review Commission meeting, that it is a "misinterpretation" of the ruling that officers' legal protection is revoked.
"In response to this case holding, we urge you to consult with your retained legal advisor to determine the best policy response and procedures, given the unique characteristics of your agency staffing and obligations to your community," Jones Mayer, Attorneys at Law, said on the document.
The commission will continue discussions about the policy at their meeting next month. This will include a review of the federal court ruling by the Sacramento County legal council, they say, to better understand the local impacts of the case.
