Taken In For An Evaluation
Welf. & Inst. Code 5150 — up to 72 hours, and the words the officer has to say
In California, 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, designated facility staff, designated members of a mobile crisis team, or a professional person the county designates may, upon probable cause, take the person into custody for up to 72 hours for assessment, evaluation and crisis intervention, or placement for evaluation and treatment in a facility the county designates. The 72 hours begin when the person is first detained.
Not under criminal arrest is part of the script the law sets. At the time of custody, the person who takes someone in gives them, orally and in an accessible language or modality, a statement in substantially this form: the officer's or professional's name, position and agency, that the person is not under criminal arrest but is being taken for an examination by mental health professionals at a named facility, and that the mental health staff will explain their rights.
- If the custody happens at the person's own residence, they are also told they may bring a few personal items the officer approves, may get help turning off appliances or water, and may make a phone call and leave a note telling family or friends where they have been taken.
- The facility keeps a record of whether that advisement was completed, by whom, when and in what language.
- Facility staff first assess whether the person can be properly served without being detained, and if so, services are offered on a voluntary basis.
- If the person cannot be served without detention, the facility requires a written application stating the circumstances and the probable cause.
On admission, staff give the person, orally and in writing, the reasons for placement and the facts behind them. The written advisement the section sets out says the hold lasts up to 72 hours, that the person may be transferred, may ask to be evaluated or treated at a facility or by a professional of their choice, may be given treatment including medication, and may be released before the 72 hours end.
What follows a 72 hour hold, the certification for further treatment and the hearings that go with it, are in other sections of the Act and are not reproduced here. Whether a detention met the statute is a question for a court and for a licensed California attorney.
Sources for this section (1)
- Welf. & Inst. Code 5150 — Detention of mentally disordered persons for evaluation and treatment
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.