A 5150 refers to a specific type of involuntary psychiatric hold, widely recognized in mental health and law enforcement. It is a legal mechanism that allows certain professionals to detain a person experiencing an acute mental health crisis for assessment and stabilization. The term is derived from a section of a state’s legal code, defining conditions under which civil liberties can be temporarily restricted for the person’s own safety or the safety of others. This provision is not a criminal arrest, but rather a temporary intervention designed to provide immediate care and evaluation during a severe behavioral health episode.
The Legal Basis for Involuntary Care
The term “5150” originates from Section 5150 of the California Welfare and Institutions Code (WIC), making it a law specific to California. This code grants authority to designated personnel to take an individual into custody for a period of up to 72 hours for evaluation and treatment. The underlying philosophy of this law is rooted in the Lanterman-Petris-Short (LPS) Act, which governs involuntary psychiatric treatment in the state. The LPS Act was enacted to balance the need for mental health intervention with the protection of individual rights.
The power to initiate this involuntary detention is limited to certain trained professionals, including peace officers, members of mobile crisis teams, and professional persons in charge of a county-designated facility. The legal standard for initiating a hold is based on probable cause, meaning the professional must have a reasonable belief that the person meets the required criteria due to a mental health disorder. The 72-hour period provides time for professional assessment, stabilization, and determining the need for further care.
Specific Conditions for Detention
For a 5150 hold to be legally justified, the person must meet at least one of three narrowly defined criteria resulting from a mental health disorder. The first is being a Danger to Self (DTS), which is often evidenced by explicit suicidal threats, gestures, or a recent attempt at self-harm. The assessment focuses on the immediacy and lethality of the threat, looking for factors such as a specific plan, access to means, and a stated intent to act.
The second condition is being a Danger to Others (DTO), which is met when a person has made credible threats of violence or committed an act of physical aggression toward another individual. The threats must be specific and demonstrate an intention and apparent ability to carry out the harm. This provision is used to protect the community when a mental health crisis results in a clear and present risk of violence.
The third and broadest condition is Grave Disability (GD), meaning the person is unable to provide for their own basic personal needs for food, clothing, or shelter due to a mental health disorder. Examples include an individual wandering unclothed in cold weather, refusing to eat to the point of severe malnutrition, or being so disorganized in their thinking that they cannot maintain a safe living environment. A person is not considered gravely disabled if they can survive safely with the support of a willing and responsible third party.
The Initial 72-Hour Time Limit
The 5150 hold is strictly limited to a maximum duration of 72 calendar hours, beginning the moment the person is taken into custody. This timeframe is designed to be a temporary intervention, providing only enough time for emergency evaluation and initial stabilization. During this period, the person is transported to a county-designated facility for assessment, evaluation, and crisis intervention services. The facility is required to conduct a thorough psychiatric evaluation to determine the person’s current mental status and need for ongoing treatment.
The goal of the 72 hours is to assess whether the criteria for involuntary detention remain present. An individual may be released sooner if professional staff determines they are no longer a danger to themselves or others, nor gravely disabled. Staff must also assess whether the person can be properly served through voluntary means rather than continued detention. The person must be informed of their rights and the reason for the hold immediately upon being taken into custody.
Next Steps and Patient Protections
Upon the conclusion of the 72-hour hold, three primary outcomes are possible. The individual may be released if treating clinicians determine they no longer meet the criteria for involuntary hold. Alternatively, the person may agree to sign in for continued care on a voluntary basis, choosing to remain in the facility for further treatment. If professional staff determines the person still meets the criteria and is unwilling or unable to consent to voluntary treatment, they can be certified for an additional 14-day hold, known as a WIC 5250.
Even while detained involuntarily, the patient retains several fundamental rights under the law. They have the right to a hearing, known as a writ of habeas corpus, which is a legal challenge to the basis of their confinement. Patients are also entitled to the assistance of a Patients’ Rights Advocate to ensure their due process is respected during the hold and any subsequent hearings. Furthermore, they maintain the right to refuse certain psychotropic medications and other medical treatments, unless a court order or documented emergency situation necessitates immediate intervention.