The term “5150” is shorthand for an emergency mental health intervention rooted in specific California law. This designation refers to Section 5150 of the state’s Welfare and Institutions Code, which is part of the Lanterman-Petris-Short (LPS) Act. The LPS Act governs the involuntary civil commitment of individuals for mental health treatment in California. The 5150 is a temporary detention designed to allow for a psychiatric evaluation of a person experiencing a severe mental health crisis. This article clarifies the legal standards for this hold and explains why an individual cannot initiate the process for themselves.
Defining the Standards for Commitment
The 5150 hold is strictly limited to individuals who meet one of three specific criteria due to a mental health disorder. The first is being a “Danger to Self,” meaning the person has demonstrated a clear intent or taken steps to inflict serious bodily harm upon themselves. This often involves credible threats of suicide or a recent attempt.
The second criterion is being a “Danger to Others,” involving words or actions indicating a serious intent to cause physical harm to another person. This standard requires a demonstrable and imminent threat.
The final ground is being “Gravely Disabled,” which signifies that, as a result of a mental disorder, the person is unable to provide for their basic personal needs. This inability to secure food, clothing, or shelter must be directly caused by the mental health condition. These three criteria are the only legal justifications for an involuntary hold under Welfare and Institutions Code 5150.
Involuntary Hold Versus Seeking Voluntary Help
The answer to whether a person can “5150 themselves” is no, because the 5150 is, by definition, an involuntary commitment. It is a legal mechanism initiated by specific, authorized personnel, such as a peace officer, a designated clinician, or a member of a county-approved mobile crisis team. The person being detained does not consent to the hold; the authorized individual determines that probable cause exists to believe one of the three criteria is met.
This involuntary nature distinguishes a 5150 hold from voluntarily seeking psychiatric help. If a person is experiencing a mental health crisis and wishes to receive immediate treatment, they must pursue a voluntary admission to a hospital or mental health facility. The right to make a voluntary application for services is protected under the LPS Act, specifically Welfare and Institutions Code 5003.
To seek voluntary admission, an individual can go to a hospital emergency room or a mental health facility and request to be admitted for evaluation and treatment. This process involves signing consent forms, which allows the individual to participate in their treatment planning and request discharge at any time. While a voluntary patient may be subject to a 5150 if they attempt to leave and meet the involuntary criteria, the initial choice to seek help remains their own. Voluntary admission is the self-initiated pathway for receiving psychiatric stabilization and care.
The 72-Hour Assessment Period
Once a person is placed on a 5150 hold, they are taken to a county-designated facility for up to 72 hours for evaluation and treatment. This time is for clinical observation and assessment of the person’s mental state, not punishment. Medical and psychiatric evaluations are conducted soon after admission to determine the severity of the mental disorder and the necessary care.
During this 72-hour period, the individual retains specific patient rights, including the right to communicate with outside parties and the right to refuse certain treatments or medications. However, the patient may be medicated without consent if a psychiatric emergency requires immediate medication to prevent serious bodily harm to themselves or others. The facility may release the person at any time if the professional staff determines they no longer meet the criteria for the hold.
At the conclusion of the 72-hour hold, one of three outcomes must occur: the patient is released, the patient agrees to convert their status to a voluntary admission, or the professional staff certifies the patient for a longer, 14-day hold under Welfare and Institutions Code 5250. This subsequent 14-day hold requires the person to still meet the original criteria and involves an automatic certification review hearing to confirm the necessity of continued involuntary detention.