The term “5150” refers to a temporary, involuntary psychiatric detention used during a mental health crisis. Derived from the California Welfare and Institutions Code, this legal authorization allows for intervention when an individual’s mental state poses an immediate threat. The application of this hold is a significant measure intended to provide immediate assessment and safety for people experiencing an acute breakdown while temporarily restricting their liberty.
Defining the 5150 Hold
The 5150 hold authorizes a peace officer or designated mental health professional to take an individual into protective custody. This is an involuntary detention for a mental health evaluation, not a criminal arrest. The purpose of the designation is to facilitate the safe and rapid transfer of a person in crisis to a facility capable of providing assessment and stabilization. Authorized personnel initiate the hold upon probable cause, meaning they must have a reasonable basis to believe the person meets the legal standard for detention.
Criteria for Involuntary Detention
To initiate a 5150 hold, the individual must be experiencing a mental disorder that meets at least one of three specific, legally required conditions. The first criterion is being a “Danger to self” (DTS), which involves active suicidal ideation, threats, or attempts at self-harm. The second condition is being a “Danger to others” (DTO), applied when a mental disorder leads to behaviors or threats indicating a probability of physical harm to other individuals. The third criterion is being “Gravely Disabled” (GD), meaning the person is unable to provide for their basic personal needs for food, clothing, or shelter as a result of the mental disorder. This inability to care for oneself must be directly linked to the mental condition, not to external factors like poverty.
The 72-Hour Evaluation Period
Once taken into custody, the person is transported to a county-designated facility for evaluation and treatment. The hold permits involuntary detention for a period of up to 72 hours, beginning the moment the person is first taken into custody. The primary goals during this time are patient stabilization and comprehensive psychiatric evaluation to determine the need for further care. Facility staff, including licensed clinicians and psychiatrists, conduct an ongoing assessment of the person’s mental status and risk factors. Patients retain certain rights, including the right to be informed of the reason for their detention and to refuse specific treatments, unless necessary to prevent immediate harm.
After the Hold: Options and Outcomes
As the 72-hour period concludes, professional staff decide on the individual’s status, leading to one of three possible outcomes. The most common outcome is release, occurring if evaluating professionals determine the person no longer meets the criteria for detention, often with recommendations for follow-up outpatient treatment. A second possibility is that the person agrees to remain in the facility for continued voluntary treatment, replacing the involuntary hold. The third outcome is certification for further involuntary treatment, pursued if the person still meets the criteria and refuses voluntary care. This extension is authorized under a subsequent legal code, often referred to as a 5250 hold, which can extend the detention for an additional 14 days.