California does not have a Baker Act. The California equivalent is the 5150 hold, a 72-hour involuntary psychiatric detention authorized by Section 5150 of the Welfare and Institutions Code. It allows peace officers and designated mental health professionals to detain someone in a mental health crisis for evaluation and short-term treatment when, because of a mental health disorder, the person is a danger to themselves, a danger to others, or gravely disabled.1California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons With a Mental Health Condition for Evaluation and Treatment A 5150 is a civil process, not a criminal arrest, and it sits inside the Lanterman-Petris-Short Act, which built in procedural protections at every stage.
When a 5150 Hold Can Be Placed
The statute requires probable cause that a person, because of a mental health disorder, meets at least one of three criteria: danger to self, danger to others, or gravely disabled.1California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons With a Mental Health Condition for Evaluation and Treatment The qualifier matters. Someone who is suicidal for reasons unrelated to a mental health condition, or who is dangerous solely because of intoxication, does not automatically fit the standard. Co-occurring mental health and substance use disorders are covered.
Danger to Self or Others
Danger to self includes suicidal statements, a recent suicide attempt, or serious self-harm. Danger to others covers threats or acts of violence directed at another person. Both standards require specific, observable facts rather than speculation. A vague remark like “I wish I weren’t here” does not automatically clear the threshold; a described plan with a specific method almost certainly does. Whoever initiates the hold has to document those facts in writing on the application.
Gravely Disabled
A person is gravely disabled when, because of a mental health disorder, a severe substance use disorder, or both, they cannot provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.2California Legislative Information. California Welfare and Institutions Code 5008 – Definitions The “personal safety” and “necessary medical care” elements were added recently under SB 43. Personal safety means the ability to survive safely in the community without involuntary detention. Necessary medical care means treatment a licensed practitioner determines is needed to prevent serious deterioration of a physical condition that could lead to serious bodily injury if untreated.3California Department of Health Care Services. Senate Bill 43 Changes to Gravely Disabled Behavioral Health FAQs Symptoms alone are not enough; the test is functional inability. Someone with delusions who is still meeting their own basic needs does not qualify under this prong.
Who Can Initiate a Hold
Only certain people have the legal authority to place someone on a 5150. The statute lists peace officers, the professional in charge of a county-designated evaluation facility, attending staff at such a facility, designated members of a mobile crisis team, and other professionals specifically designated by the county.1California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons With a Mental Health Condition for Evaluation and Treatment Family members, friends, and coworkers cannot place someone on a hold directly.
If you are worried about a loved one in crisis, you can call 911, your county’s mobile crisis team, or the county behavioral health crisis line. Mobile crisis teams send mental health clinicians rather than, or alongside, law enforcement, and many counties now operate them around the clock. The more concrete you can be about the specific behaviors you are observing, the better the responding team can assess the situation.
What Happens in the 72 Hours
Once a 5150 is initiated, the person is transported to a county-designated psychiatric facility. The 72-hour clock begins at the time of initial detention, not when the person arrives at the facility.1California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons With a Mental Health Condition for Evaluation and Treatment Some counties exclude weekends and holidays from the calculation, which can extend the calendar time of the hold.
At the facility, mental health professionals conduct a psychiatric evaluation, which may include medication. The facility is not required to hold anyone the full 72 hours. The treating psychiatrist must release the person sooner if personal observation shows the individual no longer requires evaluation or treatment.4California Legislative Information. California Welfare and Institutions Code 5152 Most 5150 holds end this way, with the person released or converted to voluntary status well before 72 hours elapse.
At the end of the window, one of three things happens: release, voluntary admission, or certification for an extended hold under Section 5250 if the treatment team concludes the person still meets criteria and refuses voluntary treatment.5California Legislative Information. California Welfare and Institutions Code 5250 – Certification for Intensive Treatment
Your Rights During the Hold
The statute requires two layers of notification. At the moment of detention, the person taking custody must orally advise the individual that they are not under criminal arrest and are being taken for a mental health examination at a named facility. If taken from their own home, the person must also be told they can bring personal items, make a phone call, and leave a note for family or friends.1California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons With a Mental Health Condition for Evaluation and Treatment
Once admitted, the person receives oral and written notice that includes the specific reasons for the hold, the factual basis for the detention, the expected duration, and the right to request a different facility or treating professional. The notice also explains that if the hold extends beyond 72 hours, the patient has the right to a lawyer, a qualified interpreter, and a hearing before a judge, and that counsel will be provided at no cost if the patient cannot afford one.1California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons With a Mental Health Condition for Evaluation and Treatment
Refusing Medication
Patients on a 5150 hold have the right to refuse antipsychotic medication. If the patient refuses, the treatment team must first consider whether alternative treatments could meet the patient’s needs. If alternatives are deemed unlikely to work, the facility cannot simply override the refusal. It must petition for a capacity hearing, often called a Riese hearing, to determine whether the patient lacks the capacity to make that treatment decision. One exception applies: in a genuine emergency where immediate intervention is needed to prevent serious harm, antipsychotic medication can be given over objection before any hearing, limited to what the emergency requires and provided in the least restrictive manner possible.6California Legislative Information. California Welfare and Institutions Code 5332
If the Hold Is Extended
The first escalation after a 5150 is a 14-day intensive treatment certification under Section 5250. The facility’s professional staff must certify that the person still meets one of the three criteria and that the person has been offered but refused or is unable to accept voluntary treatment.5California Legislative Information. California Welfare and Institutions Code 5250 – Certification for Intensive Treatment Certification automatically triggers a certification review hearing, which must be held within four days unless the patient requests formal judicial review instead. The facility bears the burden of showing probable cause for continued detention, and an attorney or patient advocate will meet with the patient at the facility beforehand.7California Legislative Information. California Welfare and Institutions Code 5254
Longer paths exist beyond 14 days. Section 5260 allows a second 14-day period for someone who remains a danger to others. Section 5270.15 authorizes a 180-day post-certification hold for individuals found imminently dangerous, with a court hearing and full due process. For people who remain gravely disabled, the path leads to LPS conservatorship proceedings under Section 5350, where a court appoints a conservator who can authorize continued treatment and placement, and the proposed conservatee can demand a court or jury trial on whether they are gravely disabled.8California Legislative Information. California Welfare and Institutions Code 5350 Each step requires its own independent justification; a facility cannot simply extend a hold on the original paperwork.
Firearm Consequences
A 5150 hold carries a consequence that catches many people off guard: a five-year ban on owning, possessing, or purchasing firearms, other deadly weapons, and ammunition. The ban applies to anyone taken into custody under Section 5150 because they were a danger to themselves or others, assessed under Section 5151, and admitted to a designated facility. The facility must tell the patient about the restriction before or at the time of discharge.9California Legislative Information. California Welfare and Institutions Code 8103
Repeat holds carry a harsher consequence. If a person has been detained, assessed, and admitted on a 5150 more than once within a one-year period, the firearm prohibition becomes permanent.9California Legislative Information. California Welfare and Institutions Code 8103
Federal law separately bars anyone “committed to a mental institution” from possessing firearms under 18 U.S.C. ยง 922(g)(4).10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Whether a 72-hour 5150 counts as a “commitment” under that federal provision has not been uniformly resolved. The California five-year ban applies regardless.
Will It Show Up on a Background Check
A 5150 is a civil detention, not a criminal arrest, so it does not create a criminal record and will not appear on a standard employment background check or LiveScan.
The exception is firearm-related screening. The California Department of Justice maintains 5150 records for gun purchase and permit applications, so the five-year or lifetime prohibition will surface when you apply to buy a firearm or obtain a concealed carry license. Certain high-security law enforcement or government positions may also involve investigations that reach mental health records. Otherwise, the hold is treated as a medical record and protected by healthcare confidentiality rules, so providers generally cannot disclose it to employers, landlords, or other third parties without consent, with narrow exceptions for safety and legal proceedings.
Who Pays for the Hold
An involuntary psychiatric hold can generate substantial facility charges, and the fact that the person did not consent to treatment does not by itself eliminate financial responsibility. If the person has private health insurance, the facility is generally expected to bill the insurer. If the person qualifies for Medi-Cal, the hold may be covered through the county behavioral health system. Many counties operate programs that cover 5150-related costs for uninsured individuals or those who meet income thresholds, and retroactive Medi-Cal enrollment is sometimes possible after the fact.
There is no blanket rule that involuntary holds are free. Costs vary with the facility, the length of stay, and insurance status. The county behavioral health department is the right first call for sorting out billing and identifying financial assistance. If you receive a bill you believe was handled improperly, the county Patients’ Rights Advocate, whose contact information must be given to the patient on admission, can help with the dispute.