In certain circumstances, people in California who have severe mental illnesses may be involuntarily held for evaluation. This legal process is known as a 5150 hold. What is a 5150 hold, who does this law apply to, and what happens once the process begins?

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What Is a 5150 Hold?

In California, a 5150 hold refers to the process of having a person involuntarily admitted for up to 72 hours. This may be due to a mental health disorder or severe addiction.

The legislation that governs this process is Section 5150 of the Lanterman-Petris-Short (LPS) Act, which was signed into law in 1967. 

Who Can Be Placed on a 5150 Hold?

To fully answer the question of what is a 5150 hold, we need to address specifics. For example, who the law applies to and how the process works.

Section 5150 of the LPS Act allows a person to be held for up to 72 hours. However, only if at risk of harming themselves or someone else.

The law also allows a person to be placed on a 5150 hold if they are “gravely disabled” as a result of their mental illness. 

Gravely disabled was originally defined as meaning that a person could not provide for needs such as food, clothing, and shelter, as a result of a mental illness. In 2023, Gov. Gavin Newsom signed Senate Bill (SB) 43, which expanded this definition.

As defined in SB 43, a person is gravely disabled if:

• Disorders: They have a mental health disorder, severe substance use disorder, or co-occurring mental health disorder and substance use disorder
• Effects: Their condition prevents them from meeting their basic human needs for basic personal food, clothing, shelter, personal safety, or necessary medical care

It is also important to note that a 5150 hold applies only to adults ages 18 and above. 

Minors may also be involuntarily admitted for up to 72 hours, but that process is governed by Section 5585 of the Children’s Civil Commitment and Mental Health Treatment Act of 1988. This process is informally known as a 5585 hold.

How Does the 5150 Process Work?

The 5150 process begins when someone from an authorized profession determines that a person qualifies for a temporary hold. 

Authorized professionals who can start the 5150 process:

• Police officers
• Licensed mental health professionals
• Members of psychiatric mobile response teams
• Physicians
• Designated hospital staff

The law does NOT permit friends or family members from starting the 5150 process.

Once an authorized professional determines that a person meets the criteria established in Section 5150 and SB 43, they must fill out a form to document their authority and describe the observations that led them to begin this process.

The individual who is subject to the 5150 hold may then be taken into custody and transported to a designated facility for evaluation and possibly treatment. The 72-hour clock begins the moment the individual is taken into custody. 

Designated facilities for 5150 holds include:

• General acute care hospitals
• Licensed psychiatric hospitals
• Licensed psychiatric health facilities
• Certified crisis stabilization units (CSUs)

Once they arrive at the designated facility, the patient will be evaluated by a doctor or other qualified professional. 

What Happens After a 5150 Hold?

A 5150 hold can end for three reasons:

• Need: If the evaluation determines that the patient does not need further treatment, they can be discharged at any time, which ends the involuntary hold.
• Agreement: At any time during the 72-hour involuntary hold period, the individual can agree to receive treatment. This would switch them from involuntary to voluntary admission status.
• Time: Once 72 hours have passed since the individual was initially taken into custody, the 5150 hold ends.

This doesn’t mean that a person will automatically be discharged after 72 hours unless they agree to get treatment. 

If the professional who conducts their evaluation determines that the patient needs additional treatment, but they refuse to get that treatment, other sections of the LPS Act permit them to be detained for a longer period.

Extended holds after a 5150:

• 5250: This section of the LPS Act permits a patient to be involuntarily kept in a facility for an additional 14 days for intensive treatment following a 5150 hold.
• 5260: Section 5260 authorizes a person to be held for an additional 14 days after a 5250 hold if they attempted to end their life while in treatment or pose an imminent risk of suicide.
• 5270: If, after their 5250 or 5260 hold, the patient still poses a threat to themselves or others, or remains gravely disabled, Section 5270 allows them to be held at the treatment facility for 30 more days. This section also permits a second 30-day hold in certain circumstances.

To summarize: Following the end of a 72-hour 5150 hold, a person may be legally kept in treatment against their will for up to 88 additional days through the three sections listed above.

Can You Contest a 5150 Hold?

There is no process to contest a 5150 hold, but all other holds following a 5150 require hearings. 

During these hearings, the patient and/or their lawyer or advocate can challenge their continued detainment. This challenge can include presenting evidence and questioning those who support their continued involuntary commitment.

Also, all patients in psychiatric facilities in California, whether admitted voluntarily or involuntarily, retain certain rights while they are in treatment. These rights cannot be waived by a patient’s parents, legal guardians, or conservators.

Patient rights include:

• Being treated in a dignified, private, and humane manner
• Freedom from abuse and neglect, including unnecessary restraint, isolation, or medication
• Reasonable access to make and receive private phone calls
• Having a patients right advocate who they can contact at any time
• Communicating and visiting privately with their advocate or attorney
• Requesting investigations into their living conditions or any abuse, threats, or punishments that occur during their treatment
• Confidentiality of treatment records
• Refusing treatment or medications unless a hearing officer or judge determines that they don’t have the capacity to do so

Find Mental Health Treatment in Paso Robles

Robles Ranch is a trusted source of personalized care for adults whose lives have been disrupted by mental health disorders and co-occurring addictions.

Our treatment center is a safe and highly supportive environment where clients benefit from a dynamic array of evidence-based therapies and innovative holistic practices. We are committed to helping each person achieve true and lasting healing through the transformative power of nature, expert clinical support, and genuine human connection.

To learn more call 805-635-0668 or verify your insurance now.