In Colorado, an involuntary 72-hour mental health hold can be authorized by a certified peace officer, a physician, a registered professional nurse, a licensed professional counselor, a licensed marriage and family therapist, or a licensed clinical social worker. A court can also order a hold in response to a petition.1Colorado General Assembly Legislative Council Staff. Emergency Mental Health Holds The authority to start a hold comes from CRS 27-65-106, and it is tied to specific findings the authorizer has to make before taking a person into custody.2Justia. Colorado Code 27-65-106 – Emergency Mental Health Hold – Screening – Court-ordered Evaluation – Discharge Instructions – Respondents Rights
Who Can Initiate the Hold
Colorado’s statute lists the categories of people with authority to place someone on a 72-hour emergency mental health hold. They are:
- Certified peace officers
- Physicians
- Registered professional nurses
- Licensed professional counselors
- Licensed marriage and family therapists
- Licensed clinical social workers
Each of these professionals, acting within their license and in a situation that meets the statutory criteria, can take or direct that a person be taken into custody for emergency evaluation.1Colorado General Assembly Legislative Council Staff. Emergency Mental Health Holds
Peace officers are often the first to encounter someone in crisis. Under CRS 27-65-106, a certified peace officer with probable cause to believe a person meets the hold criteria can take that person into custody and transport them to an appropriate facility.2Justia. Colorado Code 27-65-106 – Emergency Mental Health Hold – Screening – Court-ordered Evaluation – Discharge Instructions – Respondents Rights Officers trained in crisis intervention frequently fill this role, bridging law enforcement response and the mental health system.
The licensed mental health professionals on the list — counselors, marriage and family therapists, and clinical social workers — can initiate a hold during the course of a clinical encounter when they conclude the person in front of them meets the criteria. Physicians and registered nurses can do the same in medical settings, including emergency departments.
Family members, friends, co-workers, and neighbors are not on this list. A concerned person outside the authorized categories cannot place a hold directly. What they can do is call a peace officer, contact a mental health crisis line, or petition a court, any of which can lead to an authorized hold if the facts support one.
Who Can End the Hold or Move It Forward
There is a distinction worth understanding inside the same question: the group that can start a hold is broader than the group that can end one. A licensed clinical social worker or counselor can initiate the hold, but only a “professional person” as defined by statute — a licensed psychologist or physician — can resolve it by releasing the person or beginning the certification process for longer-term treatment.
In practical terms, this means the clinical evaluation that decides what happens at or before the 72-hour mark rests with a smaller group than the one authorized to bring the person in. A social worker in a community setting may lawfully initiate the hold, but a physician or psychologist at the receiving facility will decide whether the person is released, held for the remainder of the 72 hours, or certified for short-term treatment.
Court-Ordered Holds
A hold can also be authorized by a court in response to a petition.1Colorado General Assembly Legislative Council Staff. Emergency Mental Health Holds This pathway matters for anyone who is not a peace officer or a licensed clinician but believes a person needs emergency evaluation. The court-ordered route involves filing a petition that gives the judge enough information to decide whether the statutory criteria appear to be met.
What the Authorizer Has to Find
Authorization is not open-ended. Before placing someone on a 72-hour hold, the officer, clinician, or court has to conclude that it reasonably appears the person has a mental health disorder and, because of that disorder, meets at least one of two conditions: the person appears to be an imminent danger to themselves or others, or the person appears to be gravely disabled.2Justia. Colorado Code 27-65-106 – Emergency Mental Health Hold – Screening – Court-ordered Evaluation – Discharge Instructions – Respondents Rights
Both prongs require the connection to a mental health disorder. Someone who is intoxicated but has no underlying mental health condition would not meet the statutory standard on that basis alone.
“Imminent danger” covers suicide attempts, credible threats of self-harm, and acts or threats of serious physical harm against another person. The word “imminent” does real work. A vague or historical concern about someone’s behavior is not enough. The danger must appear likely without intervention.
“Gravely disabled” means a person whose mental health disorder has left them unable to meet basic survival needs like food, clothing, shelter, or medical care, to the point that their health or safety is at risk.3Justia. Colorado Code 27-65-102 – Definitions A person of any age can meet this standard, but the statute explicitly excludes individuals whose decision-making limitations stem solely from a developmental disability.
What Happens Once the Hold Is Authorized
After the hold is initiated, the person is transported to a facility equipped for emergency mental health evaluation and treatment. Transportation is typically handled by peace officers or emergency medical personnel. The law requires that transport respect the person’s safety and dignity, and restraints should not be used unless the person poses an immediate physical threat.
At the facility, mental health professionals conduct a screening to decide whether the person actually meets the criteria for continued detention. Not everyone brought in on a hold stays for the full 72 hours. If the evaluating professional determines the person no longer meets the standard, they can be released early with discharge instructions and referrals to voluntary services.2Justia. Colorado Code 27-65-106 – Emergency Mental Health Hold – Screening – Court-ordered Evaluation – Discharge Instructions – Respondents Rights
If the evaluation finds the person continues to pose a danger or remains gravely disabled, the facility can initiate certification for short-term involuntary treatment of up to three months under CRS 27-65-107. Certification requires that the professional staff find the person has a mental health disorder, is dangerous to themselves or others or is gravely disabled, that the facility can provide appropriate treatment, and that no less restrictive alternative is adequate.4Justia. Colorado Code 27-65-107 – Certification for Short-term Treatment
Within 24 hours of certification, the person must receive a copy of the certification and written notice that they can request a court hearing. The court appoints an attorney if one has not already been assigned, and if the person cannot afford representation, the court covers that cost.4Justia. Colorado Code 27-65-107 – Certification for Short-term Treatment
Rights That Attach the Moment the Hold Begins
Colorado law gives specific rights to anyone detained under an emergency hold. A person held under CRS 27-65-106 has the right to:
- Be told the reason for detention, the limitations of the hold, and that not all treatment during detainment is mandatory
- Refuse medication unless emergency medications are required
- Be treated fairly and with dignity by all facility employees
- Retain and consult with an attorney at any time, though the facility is not required to provide one at this stage
- See a patient representative within 24 hours of request, provided by someone with no clinical, administrative, or financial responsibility for the person’s care
These rights can be restricted only if a licensed provider involved in the person’s care determines that exercising a particular right would destabilize the person or create a danger. Any denial must be documented in the treatment record and made available to the person, their guardian, or their attorney upon request.2Justia. Colorado Code 27-65-106 – Emergency Mental Health Hold – Screening – Court-ordered Evaluation – Discharge Instructions – Respondents Rights
Separately, CRS 27-65-105 establishes a broader protection: unless a court order specifically states otherwise, a person does not forfeit any legal right or suffer any legal disability simply because they are subject to proceedings under Colorado’s mental health statutes.5Justia. Colorado Code 27-65-105 – Rights of Respondents An authorized 72-hour hold does not, by itself, strip a person of their legal rights, and the authority to place the hold does not carry with it the authority to override those rights without specific statutory or judicial grounds.