Mammoth Lakes Police Department Detainment and Arrest Processes

Findings and Recommendations 2 findings

F3

The limited communication and coordination between Mono County Behavioral Health and MLPD may result in the improper handling of arrestees leading to increased risks to the officers and public. Response to F3: The Sheriff’s Office disagrees with the finding. The intent of the finding is unclear, but the gist appears to be that Mono County Behavioral Health (“Behavioral Health”) should be notifying MLPD of the health status of persons under their care. While this could be useful information for law enforcement to know, they are not entitled to this information. To notify MLPD of health status information would be an illegal release of Protected Health Information (“PHI”) prohibited by the Health Insurance Portability and Accountability Act (“HIPAA”), exposing both the County of Mono and Behavioral Health employees to civil and criminal liability. If the intent of this finding is that Behavioral Health should inform MLPD of the mental health conditions of persons residing or working in the community that MLPD may interact with, that would also be violation of HIPAA. If the intent of this finding is that arrestees with a 5150 Hold are being released from medical care without notification, that is incorrect. Someone who has been arrested for a crime, even if they meet the criteria for a 5150 Hold, would be booked into the Mono County Jail. The arrestee’s mental health condition would be assessed by Behavioral Health in the confines of the Jail prior to release. If the intent of the finding is to address that persons placed solely on a 5150 Hold are released without notification to law enforcement, those are considered temporary detentions, not criminal arrests. Because the process of a 5150 Hold is considered a health condition, any information, including discharge and/or transfer, is PHI that cannot be released under HIPAA. Implementation of F3: None. Implementation Timeline for F3: Not applicable. Mono County Sheriff’s Office Comments on Grand Jury Report 2024-2025 – Attachment A

Related Recommendations (1)

R3

The grand jury recommends that the Mono County Board of Supervisors encourage the Department of Health to provide MLPD officers training on de-escalation and assessment, similar to what they would provide their own employees, starting by January, 2026. Response to R3: If MLPD, as an independent agency from the County, requests that MCBH provide de-escalation and assessment training, MCBH may work with MLPD to deliver a training that would meet the department’s needs. Ultimately, the Commission of Peace Officer Standards and Training (“POST”) offers free trainings on crisis intervention, mental health, and de-escalation that are free to officers and catered to law enforcement. As non-law enforcement personnel, MCBH can provide insights and a training perspective that may be useful to MLPD, if they so determine that it would be valuable to the officers. Implementation of R3: MCBH can provide requested training that covers MCBH’s role and its techniques for crisis intervention and assessment, distinct from those taught by POST. Implementation Timeline for R3: As requested or directed.

F4

Due to the requirements of HIPAA Compliance, there is no mechanism for the Department of Behavioral Health to “close the loop” with MLPD after a potential 5150 hold incident is vacated. The police are not notified of the cause which hinders their ability to understand the outcomes and be better able to serve the public. Response to F4: The Sheriff’s Office agrees with the finding, but there is no remedy. Behavioral Health and Mammoth Hospital are bound by the HIPAA and cannot release PHI. This includes discharge and transfer information. Behavioral Health and Mammoth Hospital legally cannot “close the loop.” While it could be helpful to know the outcomes of 5150 Holds, law enforcement is not entitled to this information. Implementation of F4: None. Implementation Timeline for F4: Not applicable.

No recommendations for this finding

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

R2

The grand jury recommends that the board of supervisors encourage the reinvigoration of the Crisis Care Committee by October 1, 2025 made up of the MLPD Chief of Police, the Director of the Mono County Department of Behavioral Health, a representative of Mammoth Hospital and the Sheriff’s Department to focus on cross-training and communication. Response to R2: The Sheriff’s Office agrees in part and disagrees in part with the recommendation. Training and communication can always be improved upon. The Sheriff’s Office recommends that “cross-training” be an effort to educate each entity on the roles that the other entities play. A clear understanding of what each entity can and cannot do should help facilitate effective communication and cooperation. There may have been a “Crisis Care Committee” led by Mammoth Hospital, but the Sheriff’s Office has no records of when that was in existence. In late 2019 there were discussions regarding a Memorandum of Understanding between Mammoth Hospital, Behavioral Health, and local law enforcement establishing protocols for 5150 Holds, but that did not address training or communication. The Behavioral Health Advisory Board (“BHAB”), required by California Welfare and Institutions Code Section 5604, holds bi-monthly publicly noticed meetings. The BHAB advises and evaluates the various functions and policies of the Behavioral Health Department that are under the direction of the Behavioral Health Director and jurisdiction of the Mono County Board of Supervisors. The Board of Supervisors could direct the Mono County Sheriff’s Office Comments on Grand Jury Report 2024-2025 – Attachment A BHAB to incorporate this recommendation into their activities. The former Mammoth Lakes Police Chief was a member of the BHAB, but the current Chief is not. Mammoth Hospital staff have also been invited to attend. Implementation of R2: The Board of Supervisors could invite Mammoth Lakes Police Department and Mammoth Hospital to join the BHAB. The Board of Supervisors directs the BHAB to discuss roles and communication between Behavioral Health, Mammoth Hospital, and local law enforcement. Implementation Timeline for R2: The next BHAB meeting is scheduled for August 11, 2025. ATTACHMENT B MCBH Comments on Grand Jury Report 2024-2025 – Attachment B Mono County Behavioral Health Invited Comments on Investigation Report: Mammoth Lakes Police Department Detainment and Arrest Processes:

Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

IT Director Responses to Cyber Security Investigation Report - Mono County

May 13, 2025 • 9 pages • 4 responses • Score: +3 (+3, 0, 0) View Details ▾

PDF

4 responses to findings and recommendations

R2

The grand jury recommends that the board of supervisors encourage the reinvigoration of the Crisis Care Committee by October 1, 2025 made up of the MLPD Chief of Police, the Director of the Mono County Department of Behavioral Health, a representative of Mammoth Hospital and the Sheriff’s Department to focus on cross-training and communication. Response to R2: The Sheriff’s Office agrees in part and disagrees in part with the recommendation. Training and communication can always be improved upon...

Response: Unknown

Score: 0

I agree in part and disagree in part with this recommendation. Implementation of R2: IT will train staff to be aware of PCI and SAQ requirements in order to better assist other county departments. IT will work with Finance to identify the correct SAQ form to be used during the self-assessment process and will partner with Finance and other departments responsible for processing customer credit cards to complete the SAQ and will provide input where appropriate. Implementation Timeline for R2: IT will seek Board direction on an appropriate timeline for completion. Page 4 of 7 R3: The grand jury...

F3

The limited communication and coordination between Mono County Behavioral Health and MLPD may result in the improper handling of arrestees leading to increased risks to the officers and public. Response to F3: The Sheriff’s Office disagrees with the finding. The intent of the finding is unclear, but the gist appears to be that Mono County Behavioral Health (“Behavioral Health”) should be notifying MLPD of the health status of persons under their care. While this could be useful information for l...

Response: Agree Score: +1

I agree with this finding. Mono County IT recognizes and takes seriously the importance of reliable accessible backups. IT acknowledges that there are always ways to improve the backup technology that we use beyond what is required. Implementation of F3: IT will research available and practical immutable backups and the possible implementation strategies for Mono County's needs. In doing so, IT will seek input from and collaboration with departments to identify their most critical systems that require immutable backups. IT will also work to develop a procedure for the implementation of immutab...

R3

The grand jury recommends that the Mono County Board of Supervisors encourage the Department of Health to provide MLPD officers training on de-escalation and assessment, similar to what they would provide their own employees, starting by January, 2026. Response to R3: If MLPD, as an independent agency from the County, requests that MCBH provide de-escalation and assessment training, MCBH may work with MLPD to deliver a training that would meet the department’s needs. Ultimately, the Commission o...

Response: Will Implement

Score: +1

I agree in part and disagree in part with this recommendation. Other departments that are responsible for processing consumer credit card information should also be involved in the process to identify the correct SAQ together with IT and Finance. Implementation of R3: IT will work with Finance to identify the correct SAQ form to be used during the selfassessment process. Implementation Timeline for R3: IT will complete this recommendation before the close of Fiscal Year 25-26. R4: The grand jury recommends the Board of Supervisors instruct the Director of IT to document a plan to implement imm...

F4

Due to the requirements of HIPAA Compliance, there is no mechanism for the Department of Behavioral Health to “close the loop” with MLPD after a potential 5150 hold incident is vacated. The police are not notified of the cause which hinders their ability to understand the outcomes and be better able to serve the public. Response to F4: The Sheriff’s Office agrees with the finding, but there is no remedy. Behavioral Health and Mammoth Hospital are bound by the HIPAA and cannot release PHI. This i...

Response: Agree Score: +1

I agree with this finding. IT acknowledges that there are pieces of equipment that are past their End-Of-Life (EOL) still operating in our environment. Currently we operate under a Technology Refresh/Internal Service Fund (ISF) that was established in 2014. The ISF was meant to ensure that equipment, including desktop devices, servers, and storage) could be replaced in an efficient fashion as that equipment reached its EOL. The ISF was designed to guarantee adequate funding for those replacements. Each department contributes to the fund annually in accordance with the number of employee positi...

BOS Responses Grand Jury Report MLPD Detainment and Arrest Processes

August 05, 2025 • 4 pages • 4 responses • Score: +2 (+2, 0, 0) View Details ▾

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4 responses to findings and recommendations

R2

The grand jury recommends that the board of supervisors encourage the reinvigoration of the Crisis Care Committee by October 1, 2025 made up of the MLPD Chief of Police, the Director of the Mono County Department of Behavioral Health, a representative of Mammoth Hospital and the Sheriff’s Department to focus on cross-training and communication. Response to R2: The Sheriff’s Office agrees in part and disagrees in part with the recommendation. Training and communication can always be improved upon...

Response: Unknown

Score: 0

The Board agrees and disagrees with this recommendation. MCBH agrees that a forum for the discussion of protocols, communication, and other inter- Page 2 of 3 agency issues that may arise would be helpful. The Board disagrees that there are not existing forums, such as the committee created under the Mobile Crisis Response Memorandum of Understanding or the Behavioral Health Advisory Board, that would be effective places for coordination and communication to take place. Implementation of R2: The Board will direct MCBH to reach out to other participating members of the Memorandum of Understand...

F3

The limited communication and coordination between Mono County Behavioral Health and MLPD may result in the improper handling of arrestees leading to increased risks to the officers and public. Response to F3: The Sheriff’s Office disagrees with the finding. The intent of the finding is unclear, but the gist appears to be that Mono County Behavioral Health (“Behavioral Health”) should be notifying MLPD of the health status of persons under their care. While this could be useful information for l...

Response: Agree Score: +1

The Mono County Board of Supervisors (the "Board") agrees and disagrees with this finding. The Board acknowledges that the privacy concerns and inability to share protected medical information pursuant to the Health Insurance Portability and Accountability Act ("HIPAA") may reduce MLPD's understanding of the resolution of a call, the Board disagrees that a lack of communication results in the mishandling of arrestees. Mono County Behavioral Health ("MCBH") staff are not trained or able to serve as first responders or act in the same capacity as armed law enforcement when there has been a crime...

R3

The grand jury recommends that the Mono County Board of Supervisors encourage the Department of Health to provide MLPD officers training on de-escalation and assessment, similar to what they would provide their own employees, starting by January, 2026. Response to R3: If MLPD, as an independent agency from the County, requests that MCBH provide de-escalation and assessment training, MCBH may work with MLPD to deliver a training that would meet the department’s needs. Ultimately, the Commission o...

Response: Unknown

Score: 0

The Board agrees and disagrees with this recommendation. The Board agrees that if MLPD, as an independent agency from the County, requests that MCBH provide de-escalation and assessment training, MCBH may work with MLPD to deliver a training that would meet the department's needs. However, the Board disagrees with the recommendation in that ultimately, the Commission of Peace Officer Standards and Training ("POST") offers free trainings on crisis intervention, mental health, and deescalation that are free to officers and catered to law enforcement that are likely more effective trainings for p...

F4

Due to the requirements of HIPAA Compliance, there is no mechanism for the Department of Behavioral Health to “close the loop” with MLPD after a potential 5150 hold incident is vacated. The police are not notified of the cause which hinders their ability to understand the outcomes and be better able to serve the public. Response to F4: The Sheriff’s Office agrees with the finding, but there is no remedy. Behavioral Health and Mammoth Hospital are bound by the HIPAA and cannot release PHI. This i...

Response: Agree Score: +1

The Board agrees with this finding. HIPAA prevents "closing the loop" with MLPD to inform them if any particular case they referred or transported for a 5150 assessment ultimately resulted in a 5150 hold. Implementation of F4: MCBH can provide aggregate annual data to MLPD on the "results" of 5150 referrals, i.e., how many of the referrals made by MLPD resulted in a 5150 hold, to help MLPD better understand their overall match from their own evaluation of when an individual may need a 5150 hold and how often that hold is actually warranted. MCBH cannot provide case-by-case data, which though w...

No Responses Found 4

Government entities assigned to respond to this report. No response documents have been linked in our database.

County of Mono Agency

Mono County Board of Supervisors Elected County Office

Mono County Sheriff Elected County Office

Town of Mammoth Lakes Town