Emergency Evaluation Petitions and How They Help Protect the Public

What happens when an individual poses an immediate threat to themselves or those around them, but there is not enough evidence for an arrest? Simply detaining them is a violation of the law, but leaving them to act freely on their urges does not feel right either. After all, the decision not to detain them may lead to the injuries and deaths of innocent civilians. That brings the question, what should we prioritize: a person’s freedom or the safety of others? When is it just to infringe on an individual’s rights, if ever, if it protects the rest of society? Some states have proposed a partial solution to the problem: petitions that allow officers or medical professionals to place individuals who pose a threat to themselves or those around them on an involuntary hold. Maryland’s Emergency Evaluation Petition and California’s Baker Act are a few examples of this petition. 

The Emergency Evaluation Petition of Maryland is a way to get a person who presents a danger to their life or safety or that of others to an emergency room to be examined [1]. The petition may only be filed if there is reasonable suspicion to believe that the individual has a mental disorder (not including intellectual disability) or presents a danger to the life or safety of the person or others. The petition may be filed by any of the following persons: a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer, or a peace/law enforcement officer who has personally has observed the individual or the individual’s behavior. However, it may sometimes be filled out by family members, friends, or others who suspect the individual may pose a threat. After the petition is granted, law enforcement officers have 5 days to bring the individual to an emergency room for examination. If the deadline is not met, the petition expires and must be refiled. The individual must be evaluated by a physician within 6 hours of arriving at the facility and cannot be kept in the facility for more than 30 hours. They will then have a hearing before a judge within 10 days of admission to determine if the individual still qualifies for involuntary admission [2]. 

Alex Ye, a former student of Thomas S. Wootton High School, was arrested on April 17, 2024, by county police and charged with threats of mass violence. Before his arrest, he was involuntarily committed to Suburban Hospital in Bethesda on March 6th through an Emergency Evaluation Petition. Ye sent a 129-page “manifesto” about a high school shooting to his friend. The document detailed a transgendered student who’s been bullied in school and his intentions to shoot his high school or elementary school [3]. Although the details of the document coincide with Ye’s personal life, he claimed that the manifesto was a story in a fictitious setting, not indicative of his intentions. The threat was imminent; Alex Ye stated his intentions to shoot a school “tomorrow” in his manifesto. However, the police did not have enough evidence at the time to arrest him, so that’s where Maryland’s Emergency Evaluation Petition came into play. Ye was placed under involuntary hold, and after a thorough investigation, the police found enough evidence, specifically through his internet search history, to arrest him.

Emergency Evaluation Petitions and similar laws allow officers, physicians, and civilians to alert officials about a dangerous person. In many cases, these individuals are not even aware that they have a mental illness, which prevents them from seeking help. The petition is not a warrant for arrest. It is a way to notify officials and ask for a temporary hold and evaluation of a perceived dangerous person. It keeps the public and perceived dangerous individuals safe while also ensuring that the individual maintains their rights.

Sources:

1. “Emergency Evaluations.” Maryland Courts, www.mdcourts.gov/district/emergencyevaluations. 
2. Id.
3. Griffin, Elia. “December Trial Set for Former Wootton High Student Who Allegedly Planned School Shooting.” MoCo360, (21 June 2024), moco360.media/2024/06/21/december-trial-set-for-former-wootton-high-student-who-allegedly-planned-school-shooting/