The term “5150” is a widely recognized shorthand for an involuntary psychiatric hold, representing an emergency mental health intervention. This procedure allows for the temporary detention of an individual deemed to be in a mental health crisis who requires immediate professional evaluation. The intent of a 5150 hold is to provide a safe environment for assessment and stabilization when a person is unable to make rational decisions about their own welfare. It is a legal mechanism designed to protect the individual and the public from harm during an acute episode.
Origin of the Term and Geographical Scope
The numerical designation “5150” originates directly from Section 5150 of the California Welfare and Institutions Code. This state law provides the legal authority for specific professionals to take an individual into custody for up to 72 hours for evaluation and treatment. While the term is commonly used, the specific statute is unique to California. Other states utilize similar involuntary commitment laws but refer to them by different statutory numbers or generic terms like “emergency detention.” For instance, Texas uses an Emergency Detention Order (“EDO”), while Florida uses the “Baker Act.”
Criteria for Involuntary Evaluation
To initiate a 5150 hold, an individual must, as a result of a mental health disorder, meet at least one of three specific, legally mandated criteria. These criteria represent the threshold for temporarily overriding a person’s civil liberty to ensure immediate safety and are determined based on probable cause. The first criterion is being a Danger to Self (DTS), which commonly involves acute suicidal ideation, a recent suicide attempt, or engaging in self-harming behaviors that pose a life-threatening risk.
The second criterion is being a Danger to Others (DTO), which is met when a person poses a threat of physical violence to another individual. This often requires observable behaviors like making credible threats, engaging in violent actions, or having a specific plan to harm a third party. The third, and often most complex, criterion is being Gravely Disabled (GD).
Grave disability is defined as an inability to provide for one’s own basic personal needs for food, clothing, or shelter as a direct result of a mental health disorder. This standard is not met simply by being homeless or poor, but by the mental condition preventing the person from utilizing resources to meet those needs. For example, a person actively psychotic and unable to understand the need for food or shelter would likely meet this definition.
The authority to initiate a 5150 hold is restricted to specific individuals who have received specialized training and authorization. These include peace officers, designated professional staff at a county-approved facility, and members of mobile crisis teams. These authorized professionals must complete an application documenting the factual circumstances and observations that establish probable cause for believing the person meets one of the three criteria.
The 72-Hour Hold and Subsequent Steps
Once an individual is placed on a 5150 hold, they are transported to a psychiatric hospital or facility designated by the county for evaluation and treatment. The hold is strictly limited to a maximum period of 72 hours, beginning the moment the person is taken into custody. The purpose of this timeframe is to conduct a thorough psychiatric assessment, stabilize acute symptoms, and determine the appropriate next steps in care.
During the 72 hours, the person receives treatment and is evaluated by mental health professionals, who assess their medical, psychological, and social situation. The law does not require the facility to hold the person for the entire 72 hours; they must be released sooner if the attending professional determines the individual no longer meets the hold criteria. While in custody, the person retains certain rights, including the right to make a phone call and to refuse specific treatments unless necessary to prevent immediate harm.
At the conclusion of the 72-hour period, one of three outcomes must occur. The individual may be released if they are no longer deemed a danger to themselves or others and are not gravely disabled. Alternatively, the person may consent to remain in the facility for continued voluntary treatment. If the individual still meets the criteria for involuntary detention, the facility may seek an extension.
This extension is referred to as a 5250 certification, which allows for an additional 14 days of intensive treatment. This subsequent hold requires an administrative hearing to confirm there is probable cause for the continued involuntary detention. The 5250 procedure is used only when staff determines the person remains a danger or gravely disabled and requires more time for stabilization.