The term “5150” refers to Section 5150 of the California Welfare and Institutions Code (WIC), which authorizes the involuntary detention of an individual for a mental health evaluation. Although specifically a California statute, 5150 has become a widely recognized term in mental health and emergency services across the United States. This provision allows a person experiencing an acute mental health crisis to be held for a maximum of 72 hours for assessment, evaluation, and crisis intervention. While 5150 is unique to California, all states maintain similar legal mechanisms for temporary, involuntary psychiatric holds, such as the Baker Act in Florida or a 302 commitment in Pennsylvania.
The Legal Foundation and Criteria for Detention
Section 5150 is part of the Lanterman-Petris-Short (LPS) Act, which governs involuntary civil commitment proceedings for mental health disorders in California. The law provides a legal basis for temporary detainment to protect individuals who cannot make sound decisions regarding their own safety or the safety of others. This action is a civil hold, not a criminal arrest, initiated when there is probable cause that the person meets one of three specific criteria due to a mental health disorder.
The first criterion is that the person is a danger to themselves (DTS), which includes explicit threats of suicide or severe self-harming behavior. This determination focuses on the immediate likelihood of the individual causing physical injury to themselves. The second criterion is being a danger to others (DTO), requiring evidence of a high probability that the individual will inflict physical harm upon another person.
The third and broadest criterion is being “gravely disabled” (GD), meaning the individual is unable to provide for their basic personal needs. This inability to care for oneself must be directly related to a mental health disorder and typically involves securing food, clothing, or shelter. For a hold to be initiated, law enforcement or authorized mental health professionals must have concrete facts, based on recent behavior or statements, supporting that the person meets at least one of these three criteria.
Duration and Procedure of the 72-Hour Hold
Once the criteria for a 5150 hold are met, authorized individuals can initiate the detention. These professionals include peace officers, designated members of a county mobile crisis team, or professional staff at a county-designated facility. The hold begins immediately upon the person being taken into custody. The maximum duration is 72 hours, though the time is often consecutive and may not exclude weekends or holidays depending on the interpretation.
The individual is then transported to a psychiatric hospital or a county-designated facility approved for evaluation and treatment under the LPS Act. The primary purpose of this 72-hour period is thorough psychiatric assessment, evaluation, and crisis intervention. During this time, facility staff observe the person’s behavior, review their history, and conduct a full mental status examination to determine the severity of the crisis.
The 72 hours is a maximum period, and the person can be released sooner if the evaluating professional determines they no longer meet the criteria for involuntary detention. The facility has the legal authority to hold the person for the entire duration to ensure stabilization and a comprehensive evaluation. The hold serves as a temporary measure to stabilize the person and connect them with the appropriate level of care.
Patient Rights and Post-Hold Outcomes
Despite the involuntary nature of the detention, individuals placed on a 5150 hold retain certain rights guaranteed by the LPS Act and the Constitution. They have the right to be informed of their rights and the reason for their detention in a language they can understand. While the hold permits evaluation and crisis intervention, the person retains the right to refuse non-emergency medical procedures and psychotropic medications.
They also have the right to legal counsel and to communicate with family members, subject to clinical necessity. Upon the expiration of the 72-hour period, one of three outcomes must occur. The individual may be released if the evaluating staff determines they are no longer a danger to themselves, others, or gravely disabled due to a mental disorder.
A second possibility is that the individual agrees to voluntary admission for continued treatment, converting the involuntary hold into a consensual stay. The third outcome is the initiation of a new, longer involuntary hold, commonly referred to as a 5250 hold. If the person continues to meet the involuntary commitment criteria after 72 hours, the facility must certify them for an additional 14 days of intensive treatment, requiring a separate legal process and certification hearing.