Arrest and criminal prosecution

In some cases, however, it may come to light that the individual of concern has committed a crime, and once uncovered, it would be appropriate to investigate those criminal violations.

In these instances, any required criminal investigation should run parallel to, and in coordination with, a behavioral threat assessment.

Concerning scenarios like this, in which no criminal violation has yet occurred, highlight how criminal prosecution should not be the primary objective of a behavioral threat assessment.

Although criminal prosecution may be required or warranted in certain instances (see STEP 5: Develop Risk Management Strategies), BTAUs should prioritize the assessment and management of risk as the unit’s primary objective.

When criminal acts have occurred, the resulting criminal investigation will occur parallel to the behavioral threat assessment.

Although the goal of a behavioral threat assessment is not criminal prosecution, there are times when arrest and prosecution are necessary. When the BTAU is made aware of an incident involving a threat with a weapon, physical violence, stalking, harassment, or other criminal behaviors, criminal charges may play a critical role in ensuring public safety.

In these cases, the BTAU may work with the justice system to pursue conditions for pretrial release or probationary requirements.

If criminal charges result in new firearms possession prohibitions (e.g., domestic violence conviction or felony conviction), the BTAU should work to ensure that any firearms are confiscated in accordance with existing federal law.

making arrests when necessary;

help identify appropriate recommendations for processing a case (e.g., requesting a mental health evaluation).

recommend special conditions during pretrial release and at sentencing (e.g., drug abuse treatment).

▪Request mental health assessments ▪Recommend special pretrial release conditions ▪Identify concerning behaviors | ▪Ensure adherence to court orders