With alarming frequent mass shootings including the recent tragedy in Oregon, many people ask the question as to how long a person can be detained as a result of a mental illness. In California, many criminal arrests lead to the filing of criminal charges but may simultaneously lead to an additional involuntary commitment pursuant to California Welfare and Institutions Code section 5150.
1. Arrest of Detention under Welfare and Institutions Code section 5150
Under California Welfare and Institutions Code section 5150:
With the abundance of T.V. crime shows, the term “5150” seems to have become common parlance in today’s culture.
5150 refers to California Health and Safety Code section 5150 which allows for a medical facility or law enforcement agency to place a 72 involuntary hold on an individual who they believe is danger to himself or others as a result of a mental illness or condition.
Specifically, when a person, as a result of a mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a police officer or other law enforcement officer, upon probable cause, may take the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention or place the arrestee for evaluation and treatment in certain designated treatment facilities. Many times an experienced criminal defense attorney will be able to defend charges that are related to a “5150” commitment due to a mental disorder or related mental health issue which may have led to a criminal arrest.
2. What happens after a 72 hour hold in California?
At the end of the 72 hour hold period, under California Health and Safety section 5250 a 14 day additional involuntary hold may be placed on an individual if the healthcare provider deems it necessary. However a Certification hearing is required. An additional 14 days may be sought under section California Welfare and Institutions Code section 5260 as well. Additionally, under W&I section 5270.1, a facility may seek an additional 30 day involuntary hold if the person us unwilling to accept treatment. All of these issues should be explained to a person arrested for a crime whether it be for a serious felony or a misdemeanor. It is important to retain a criminal defense lawyer with knowledge of the California Welfare and Institutions Code section “5150” and related code sections whether the arrest takes place in Los Angeles, Burbank, Pasadena, Palmdale, Ontario or any other city in Los Angeles since all facilities must abide by the same rules.
