Lancaster County looking for new solution for civil protective custody program

Lancaster County and the City of Lincoln are trying to figure out where to take people who are publicly intoxicated.
Published: Jul. 5, 2022 at 6:48 PM CDT
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LINCOLN, Neb. (KOLN) - For four decades, Lincoln-area law enforcement have brought those who are arrested for driving under the influence or publicly intoxicated to The Bridge Behavioral Health as part of their civil protective custody program. But staffing issues are bringing that program to an end, leaving the county looking for new solutions.

“The Bridge serves around 1,400 people a year, some of those multiple times, so there’s a clear community need,” Sean Flowerday, Lancaster County Commissioner said.

10/11 NOW reached to Tammy Stevenson, director of the The Bridge, she said staffing issues have been one of the main drivers for the decision to allow contracts and agreements with law enforcement to expire.

“In FY22, The Bridge spent $500,000 (in addition to the cost of operating the program) to address workforce challenges. Nearly half of that amount was spent on contract nurses,” Stevenson said. “The Bridge was not able to recruit and retain the adequate number of nurses to safely operate civil protective custody while also sustaining the behavioral health programs pursuant to our mission and vital to the long-term sustainability of The Bridge.”

The Lancaster County Sheriffs Office and Nebraska State Patrol’s agreements with The Bridge expired June 30. As of July 1, both agencies said they’re bringing those they’d normally bring to The Bridge, to the Lancaster County Jail.

In 2021, Wagner said LSO brought 77 people to The Bridge.

“We’ve been in contact with the Lancaster County Jail, with the director Brad Johnson to let them know this is coming,” Sheriff Terry Wagner said. “This is not an ideal solution but right now that’s our only avenue we have available for people who are intoxicated who need to be in custody.”

Per state statute, public intoxication isn’t a crime in Nebraska. Those taken into civil protective custody can only be held for 24 hours until they’re sober or until a loved one picks them up. Johnson, director of the Lancaster County Jail, said they are familiar with the process and able to take it on, however it will push thin staffing levels even further.

“We’re optimistic it’s going to be a short term concern,” Johnson said. “Only time will tell.”

Sean Flowerday, Lancaster County Commissioner said city and county officials are working to find a long-term solution that meets the needs of the populations The Bridge serves. Their goal is to have this solution in place by September 30, when the Lincoln Police contract expires.

“The true cliff is coming three months from now and that’s where if there’s nothing in place the community will feel the impact,” Flowerday said.

Flowerday said the solution will likely have multiple facets. Like bringing those who are drunk and belligerent to the jail, those who are intoxicated and in need of medical attention to the hospital, connecting those arrested for DUI with a safe and sober friend or family member and creating a low-barrier shelter for those struggling with chronic substance use disorders.

The county has set aside $2 million in ARPA funding to address this issue.

“It’s about balancing community services,” Flowerday said.

Chief Teresa Ewins with the Lincoln Police Department said in a statement, the department is working with the county on a solution that serves the community.

“A lot of hard work and collaboration has been at the forefront of our efforts and we believe that we are close to a solution,” Ewins said. “As soon as we are able we will be excited to share our future plans.”

Stevenson said she hopes those considering what steps to take will review the statute dictating how civil protective custody is used.

“As providers, how we treat individuals with substance use and mental health issues has evolved significantly since this statute was passed in 1979,” Stevenson said. “The Bridge cares deeply for those struggling with substance use and will continue to advocate for services that utilize evidence-based practices.

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