Every state has its own equivalent of Florida’s Baker Act, though the names range from California’s “5150” to Pennsylvania’s “Section 302” to Washington’s Involuntary Treatment Act. The purpose is consistent: a short emergency hold that lets authorities detain someone in a mental health crisis for evaluation when that person appears to be a danger to themselves, a danger to others, or unable to care for themselves. What differs by state is the statute’s name, the length of the hold, who can start it, and how substance use crises are handled.
Florida’s Baker Act, formally the Florida Mental Health Act, authorizes involuntary examination at a receiving facility when there is reason to believe a person has a mental illness and either poses a threat of harm or is unable to care for themselves.1Florida Legislature. Florida Statutes 394.463 – Involuntary Examination Here is what the same tool looks like elsewhere.
What Each State Calls Its Version
California: The Lanterman-Petris-Short Act (5150)
California’s framework is the Lanterman-Petris-Short (LPS) Act. The shorthand “5150” comes from California Welfare and Institutions Code Section 5150, which lets a peace officer, designated mental health professional, or crisis team member take a person into custody for up to 72 hours for assessment and crisis intervention when that person is a danger to others, a danger to themselves, or gravely disabled as a result of a mental health disorder.2California Legislative Information. California Welfare and Institutions Code WIC 5150 The 72-hour clock starts when the person is first detained, not when they arrive at the facility.
New York: Mental Hygiene Law Section 9.39
New York’s closest equivalent is Mental Hygiene Law Section 9.39, which authorizes emergency admission to an approved hospital for up to 15 days when a person is believed to have a mental illness likely to result in serious harm. A staff physician must examine the person on admission, and a second psychiatrist must confirm the finding within 48 hours or the person must be released.3New York State Senate. New York Mental Hygiene Law 9.39 – Emergency Admissions for Immediate Observation, Care, and Treatment The 15-day emergency window is among the longest in the country.
Kendra’s Law (MHL Section 9.60) is sometimes confused with 9.39, but it is a different tool. Kendra’s Law creates a petition process for court-ordered outpatient treatment and is not an emergency hold.4Office of Mental Health. Assisted Outpatient Treatment
Texas: Health and Safety Code Chapters 573 and 574
Texas uses “emergency detention” for its initial hold, governed by Chapter 573 of the Health and Safety Code, and the hold lasts up to 48 hours. Chapter 574 covers longer “court-ordered mental health services,” which require a judge and can authorize inpatient or outpatient treatment.5State of Texas. Texas Health and Safety Code Section 574.061 – Modification of Order for Inpatient Treatment
Pennsylvania: The Mental Health Procedures Act (Section 302)
Pennsylvania’s Mental Health Procedures Act of 1976 governs the process, and “Section 302” is the provision people reference most. It authorizes involuntary emergency examination and treatment for up to 120 hours. Continued treatment after that requires a separate certification under Section 303.6Pennsylvania Legislature. Act of Jul. 9, 1976, P.L. 817, No. 143 Cl. 50 – Mental Health Procedures Act
Ohio: Revised Code Chapter 5122
Ohio’s involuntary commitment rules sit in Ohio Revised Code Chapter 5122, “Hospitalization of Mentally Ill.” The emergency hold runs up to 96 hours, after which a full court hearing must take place before detention continues.7Ohio Legislative Service Commission. Ohio Revised Code 5122.05 – Involuntary Admission
Washington: The Involuntary Treatment Act and Ricky’s Law
Washington’s framework is the Involuntary Treatment Act (ITA), codified mainly in RCW 71.05. The mental health emergency hold runs 72 hours. In 2018, Ricky’s Law extended the ITA to substance use disorders, letting designated crisis responders detain someone to a secure withdrawal management facility for up to 120 hours when drug or alcohol use makes the person gravely disabled or a danger.8Washington State Health Care Authority. Ricky’s Law: Involuntary Treatment Act
Massachusetts: Chapter 123, Sections 12 and 35
Massachusetts splits mental health and substance use emergencies between two sections of Chapter 123. Section 12 authorizes emergency restraint and hospitalization when a person poses a risk of serious harm due to mental illness, with an initial hold of up to 72 hours.9General Court of Massachusetts. Massachusetts General Laws Chapter 123, Section 12 – Emergency Restraint and Hospitalization of Persons Posing Risk of Serious Harm by Reason of Mental Illness
Section 35 handles involuntary commitment for alcohol or substance use disorders separately. A police officer, physician, spouse, blood relative, guardian, or court official may petition a district court. If the court finds a substance use disorder and a likelihood of serious harm, it can order commitment for up to 90 days with scheduled reviews.10General Court of Massachusetts. Massachusetts General Laws Part I, Title XVII, Chapter 123, Section 35
Georgia: The 1013 Form
In Georgia, the process begins with a “1013 form,” a physician’s certificate under O.C.G.A. Section 37-3-41. A physician who has personally examined the person within the preceding 48 hours and believes involuntary treatment is needed can execute the certificate. A peace officer then has 72 hours to deliver the person to the nearest emergency receiving facility, where the evaluation period lasts up to 48 hours.11Justia Law. Georgia Code 37-3-41 – Emergency Admission
North Carolina: Chapter 122C
North Carolina’s involuntary commitment process is governed by Chapter 122C of its General Statutes, the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985, which covers mental illness, developmental disabilities, and substance use under one framework.12Justia Law. North Carolina General Statutes Chapter 122C – Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 The initial emergency hold runs up to 24 hours before court involvement is required.
Hold Lengths at a Glance
Durations vary widely. North Dakota allows only 23 hours. Alabama and New Mexico allow up to seven days. New Hampshire and Rhode Island allow up to ten days. Among the states covered above:
- 24 hours: North Carolina (also Arizona, Illinois, Michigan)
- 48 hours: Georgia, Texas
- 72 hours: California, Florida, Massachusetts (Section 12)
- 96 hours: Ohio
- 120 hours: Pennsylvania, Washington (substance use under Ricky’s Law)
- Up to 15 days: New York (with physician confirmation required within 48 hours)
Weekends and holidays are excluded from the count in many states, so a “72-hour hold” can stretch to four or five calendar days.
Who Can Start the Process
In most states, law enforcement officers have clear authority to detain someone they believe meets the criteria. Roughly 38 states explicitly authorize police or peace officers to begin a hold, and physicians and licensed mental health professionals can initiate one in nearly every state.
Family members have a harder path. About 24 states let a relative petition for an involuntary hold, and 21 states allow “any interested person” to file. In practice this usually means a written petition or affidavit filed with a court or designated agency, describing recent behavior and why the person meets the legal criteria. The petition itself does not produce a detention; a physician or mental health professional still has to examine the person and confirm the need.
Where family members cannot file directly, the usual route is calling 911 or a local crisis line so that law enforcement or a mobile crisis team can evaluate and, if warranted, initiate the hold.
What Qualifies Someone for a Hold
Despite the different names, almost every state requires at least one of three conditions:
- Danger to self: recent suicide attempts, threats, or behavior showing a substantial risk of physical self-harm.
- Danger to others: violent behavior or credible threats that put others in reasonable fear of serious harm.
- Gravely disabled: inability, because of a mental health disorder, to meet basic needs for food, clothing, shelter, or medical care, with serious risk of harm or illness as a result.
The “gravely disabled” category is where states diverge the most. Some define it narrowly, requiring evidence of imminent physical danger. Others read it broadly to cover a pattern of deterioration. That wording matters when a family is trying to get help for someone who is clearly struggling but not actively threatening violence.
Rights During an Involuntary Hold
Being held involuntarily does not strip a person of their legal rights. Across states, individuals generally retain the right to be treated in the least restrictive setting appropriate for their condition, to be told in writing why they are being held and what their options are, and to communicate with people outside the facility.
Two rights deserve particular attention. The first is the right to an attorney. In most states, anyone facing involuntary commitment is entitled to legal representation, and a lawyer will be appointed if they cannot afford one. The attorney’s job is to advocate for the client’s expressed wishes, not simply to agree that treatment is in the client’s best interest.
The second is the right to refuse medication in non-emergency situations. Even after involuntary commitment, most jurisdictions do not permit forced medication unless the person poses an immediate danger inside the facility or a court separately finds that they lack capacity to make treatment decisions. Clinicians seeking to medicate an objecting patient outside an emergency typically must obtain a judicial finding of incompetency.
What Happens When the Emergency Hold Ends
An emergency hold is temporary. When it expires, one of three things happens: the person is released, the person agrees to stay voluntarily, or the facility seeks a court order for longer commitment.
Extended commitment is a more involved process. A formal petition must be filed, and the person is entitled to a hearing before a judge. The legal standard in most states is “clear and convincing evidence,” a higher bar than the probable cause or reasonable belief standard used for the initial emergency hold. The court must typically find that the person still meets the commitment criteria and that no less restrictive option will work.
Initial court-ordered commitments are time-limited. In many states, the first commitment period cannot exceed six months. If the facility believes the person still needs involuntary care at the end of that period, it has to go back to court for renewal, with the same rights to a hearing and legal representation.
Federal Firearm Restrictions After Commitment
One consequence often catches people off guard. Under 18 U.S.C. Section 922(g)(4), anyone who has been “committed to a mental institution” is permanently barred from possessing, purchasing, or transporting firearms or ammunition.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The federal definition is narrow. Under 27 C.F.R. Section 478.11, “committed” means a formal commitment by a court, board, commission, or other lawful authority, and it specifically includes involuntary commitment. It does not include someone admitted for observation or a person who voluntarily admitted themselves.14eCFR. 27 CFR 478.11 – Meaning of Terms A short emergency hold for evaluation may not count as a “formal commitment” under federal law, while a court-ordered involuntary commitment almost certainly does. The line between the two depends on the specific procedures in each state, so anyone concerned about firearm rights after a psychiatric hold should consult an attorney familiar with both state commitment law and federal firearms law. Some states have their own restoration procedures, and the requirements vary.