Involuntary Mental Health Evaluations/Holds - Did You Know?

July 3, 2024 3:46 PM
by Erika Aklufi

When can the police take someone into custody who is suffering from acute mental illness? 

Officers have the authority to take a person into custody per Welfare and Institutions Code § 5150 in the following circumstances:

(a)              When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained.

Does the person have to be willing to go to the hospital to be transported? No.  The purpose of a 5150 hold is to allow certain people acting on behalf of the state (including police officers) to detain and transport someone involuntarily (if necessary) and deliver that person into the care of a hospital for evaluation and treatment.

In 2023, Santa Monica police officers transported 255 individuals to a hospital for a 5150 evaluation and possible 72-hour-hold.  124 of those incidents involved the HLP Team (115 completed by their DMH Clinician).  The rest were patrol officers with or without a DMH Clinician partner.

 

Authored By

Erika Aklufi
Lieutenant