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5150 Hold

California Welfare and Institutions Code Section 5150-5157

5150. When any person, as a result of mental disorder, is a danger

to others, or to himself or herself, or gravely disabled, a peace

officer, member of the attending staff, as defined by regulation, of

an evaluation facility designated by the county, designated members

of a mobile crisis team provided by Section 5651.7, or other

professional person designated by the county may, upon probable

cause, take, or cause to be taken, the person into custody and place

him or her in a facility designated by the county and approved by the

State Department of Mental Health as a facility for 72-hour

treatment and evaluation.

Such facility shall require an application in writing stating the

circumstances under which the person's condition was called to the

attention of the officer, member of the attending staff, or

professional person, and stating that the officer, member of the

attending staff, or professional person has probable cause to believe

that the person is, as a result of mental disorder, a danger to

others, or to himself or herself, or gravely disabled. If the

probable cause is based on the statement of a person other than the

officer, member of the attending staff, or professional person, such

person shall be liable in a civil action for intentionally giving a

statement which he or she knows to be false.

5150.05. (a) When determining if probable cause exists to take a

person into custody, or cause a person to be taken into custody,

pursuant to Section 5150, any person who is authorized to take that

person, or cause that person to be taken, into custody pursuant to

that section shall consider available relevant information about the

historical course of the person's mental disorder if the authorized

person determines that the information has a reasonable bearing on

the determination as to whether the person is a danger to others, or

to himself or herself, or is gravely disabled as a result of the

mental disorder.

(b) For purposes of this section, "information about the

historical course of the person's mental disorder" includes evidence

presented by the person who has provided or is providing mental

health or related support services to the person subject to a

determination described in subdivision (a), evidence presented by one

or more members of the family of that person, and evidence presented

by the person subject to a determination described in subdivision

(a) or anyone designated by that person.

(c) If the probable cause in subdivision (a) is based on the

statement of a person other than the one authorized to take the

person into custody pursuant to Section 5150, a member of the

attending staff, or a professional person, the person making the

statement shall be liable in a civil action for intentionally giving

any statement that he or she knows to be false.

(d) This section shall not be applied to limit the application of

Section 5328.

5150.1. No peace officer seeking to transport, or having

transported, a person to a designated facility for assessment under

Section 5150, shall be instructed by mental health personnel to take

the person to, or keep the person at, a jail solely because of the

unavailability of an acute bed, nor shall the peace officer be

forbidden to transport the person directly to the designated

facility. No mental health employee from any county, state, city, or

any private agency providing Short-Doyle psychiatric emergency

services shall interfere with a peace officer performing duties under

Section 5150 by preventing the peace officer from entering a

designated facility with the person to be assessed, nor shall any

employee of such an agency require the peace officer to remove the

person without assessment as a condition of allowing the peace

officer to depart.

"Peace officer" for the purposes of this section also means a

jailer seeking to transport or transporting a person in custody to a

designated facility for assessment consistent with Section 4011.6 or

4011.8 of the Penal Code and Section 5150.

5150.2. In each county whenever a peace officer has transported a

person to a designated facility for assessment under Section 5150,

that officer shall be detained no longer than the time necessary to

complete documentation of the factual basis of the detention under

Section 5150 and a safe and orderly transfer of physical custody of

the person. The documentation shall include detailed information

regarding the factual circumstances and observations constituting

probable cause for the peace officer to believe that the individual

required psychiatric evaluation under the standards of Section 5105.

Each county shall establish disposition procedures and guidelines

with local law enforcement agencies as necessary to relate to persons

not admitted for evaluation and treatment and who decline

alternative mental health services and to relate to the safe and

orderly transfer of physical custody of persons under Section 5150,

including those who have a criminal detention pending.

5150.3. Whenever any person presented for evaluation at a facility

designated under Section 5150 is found to be in need of mental health

services, but is not admitted to the facility, all available

alternative services provided for pursuant to Section 5151 shall be

offered as determined by the county mental health director.

5150.4. "Assessment" for the purposes of this article, means the

determination of whether a person shall be evaluated and treated

pursuant to Section 5150.

5151. If the facility for 72-hour treatment and evaluation admits

the person, it may detain him or her for evaluation and treatment for

a period not to exceed 72 hours. Saturdays, Sundays, and holidays

may be excluded from the 72-hour period if the Department of Mental

Health certifies for each facility that evaluation and treatment

services cannot reasonably be made available on those days. The

certification by the department is subject to renewal every two

years. The department shall adopt regulations defining criteria for

determining whether a facility can reasonably be expected to make

evaluation and treatment services available on Saturdays, Sundays,

and holidays.

Prior to admitting a person to the facility for 72-hour treatment

and evaluation pursuant to Section 5150, the professional person in

charge of the facility or his or her designee shall assess the

individual in person to determine the appropriateness of the

involuntary detention.

If in the judgment of the professional person in charge of the

facility providing evaluation and treatment, or his or her designee,

the person can be properly served without being detained, he or she

shall be provided evaluation, crisis intervention, or other inpatient

or outpatient services on a voluntary basis.

Nothing in this section shall be interpreted to prevent a peace

officer from delivering individuals to a designated facility for

assessment under Section 5150. Furthermore, the preadmission

assessment requirement of this section shall not be interpreted to

require peace officers to perform any additional duties other than

those specified in Sections 5150.1 and 5150.2.

5152. (a) Each person admitted to a facility for 72-hour treatment

and evaluation under the provisions of this article shall receive an

evaluation as soon as possible after he or she is admitted and shall

receive whatever treatment and care his or her condition requires for

the full period that he or she is held. The person shall be

released before 72 hours have elapsed only if the psychiatrist

directly responsible for the person's treatment believes, as a result

of the psychiatrist's personal observations, that the person no

longer requires evaluation or treatment. However, in those

situations in which both a psychiatrist and psychologist have

personally evaluated or examined a person who is placed under a

72-hour hold and there is a collaborative treatment relationship

between the psychiatrist and psychologist, either the psychiatrist or

psychologist may authorize the release of the person from the hold,

but only after they have consulted with one another. In the event of

a clinical or professional disagreement regarding the early release

of a person who has been placed under a 72-hour hold, the hold shall

be maintained unless the facility's medical director overrules the

decision of the psychiatrist or psychologist opposing the release.

Both the psychiatrist and psychologist shall enter their findings,

concerns, or objections into the person's medical record. If any

other professional person who is authorized to release the person

believes the person should be released before 72 hours have elapsed,

and the psychiatrist directly responsible for the person's treatment

objects, the matter shall be referred to the medical director of the

facility for the final decision. However, if the medical director is

not a psychiatrist, he or she shall appoint a designee who is a

psychiatrist. If the matter is referred, the person shall be

released before 72 hours have elapsed only if the psychiatrist making

the final decision believes, as a result of the psychiatrist's

personal observations, that the person no longer requires evaluation

or treatment.

(b) Any person who has been detained for evaluation and treatment

shall be released, referred for further care and treatment on a

voluntary basis, or certified for intensive treatment, or a

conservator or temporary conservator shall be appointed pursuant to

this part as required.

(c) A person designated by the mental health facility shall give

to any person who has been detained at that facility for evaluation

and treatment and who is receiving medication as a result of his or

her mental illness, as soon as possible after detention, written and

oral information about the probable effects and possible side effects

of the medication. The State Department of Mental Health shall

develop and promulgate written materials on the effects of

medications, for use by county mental health programs as disseminated

or as modified by the county mental health program, addressing the

probable effects and the possible side effects of the medication.

The following information shall be given orally to the patient:

(1) The nature of the mental illness, or behavior, that is the

reason the medication is being given or recommended.

(2) The likelihood of improving or not improving without the

medication.

(3) Reasonable alternative treatments available.

(4) The name and type, frequency, amount, and method of dispensing

the medication, and the probable length of time the medication will

be taken.

The fact that the information has or has not been given shall be

indicated in the patient's chart. If the information has not been

given, the designated person shall document in the patient's chart

the justification for not providing the information. A failure to

give information about the probable effects and possible side effects

of the medication shall not constitute new grounds for release.

(d) The amendments to this section made by Assembly Bill 348 of

the 2003-04 Regular Session shall not be construed to revise or

expand the scope of practice of psychologists, as defined in Chapter

6.6 (commencing with Section 2900) of Division 2 of the Business and

Professions Code.

5152.1. The professional person in charge of the facility providing

72-hour evaluation and treatment, or his or her designee, shall

notify the county mental health director or the director's designee

and the peace officer who makes the written application pursuant to

Section 5150 or a person who is designated by the law enforcement

agency that employs the peace officer, when the person has been

released after 72-hour detention, when the person is not detained, or

when the person is released before the full period of allowable

72-hour detention if all of the following conditions apply:

(a) The peace officer requests such notification at the time he or

she makes the application and the peace officer certifies at that

time in writing that the person has been referred to the facility

under circumstances which, based upon an allegation of facts

regarding actions witnessed by the officer or another person, would

support the filing of a criminal complaint.

(b) The notice is limited to the person's name, address, date of

admission for 72-hour evaluation and treatment, and date of release.

If a police officer, law enforcement agency, or designee of the

law enforcement agency, possesses any record of information obtained

pursuant to the notification requirements of this section, the

officer, agency, or designee shall destroy that record two years

after receipt of notification.

5152.2. Each law enforcement agency within a county shall arrange

with the county mental health director a method for giving prompt

notification to peace officers pursuant to Section 5152.1.

5153. Whenever possible, officers charged with apprehension of

persons pursuant to this article shall dress in plain clothes and

travel in unmarked vehicles.

5154. (a) Notwithstanding Section 5113, if the provisions of

Section 5152 have been met, the professional person in charge of the

facility providing 72-hour treatment and evaluation, his or her

designee, the medical director of the facility or his or her designee

described in Section 5152, the psychiatrist directly responsible for

the person's treatment, or the psychologist shall not be held

civilly or criminally liable for any action by a person released

before the end of 72 hours pursuant to this article.

(b) The professional person in charge of the facility providing

72-hour treatment and evaluation, his or her designee, the medical

director of the facility or his or her designee described in Section

5152, the psychiatrist directly responsible for the person's

treatment, or the psychologist shall not be held civilly or

criminally liable for any action by a person released at the end of

the 72 hours pursuant to this article.

(c) The peace officer responsible for the detainment of the person

shall not be civilly or criminally liable for any action by a person

released at or before the end of the 72 hours pursuant to this

article.

(d) The amendments to this section made by Assembly Bill 348 of

the 2003-04 Regular Session shall not be construed to revise or

expand the scope of practice of psychologists, as defined in Chapter

6.6 (commencing with Section 2900) of Division 2 of the Business and

Professions Code.

5155. Nothing in this part shall be construed as granting authority

to local entities to issue licenses supplementary to existing state

and local licensing laws.

5156. At the time a person is taken into custody for evaluation, or

within a reasonable time thereafter, unless a responsible relative

or the guardian or conservator of the person is in possession of the

person's personal property, the person taking him into custody shall

take reasonable precautions to preserve and safeguard the personal

property in the possession of or on the premises occupied by the

person. The person taking him into custody shall then furnish to the

court a report generally describing the person's property so

preserved and safeguarded and its disposition, in substantially the

form set forth in Section 5211; except that if a responsible relative

or the guardian or conservator of the person is in possession of the

person's property, the report shall include only the name of the

relative or guardian or conservator and the location of the property,

whereupon responsibility of the person taking him into custody for

such property shall terminate.

As used in this section, "responsible relative" includes the

spouse, parent, adult child, or adult brother or sister of the

person, except that it does not include the person who applied for

the petition under this article.

5157. (a) Each person, at the time he or she is first taken into

custody under provisions of Section 5150, shall be provided, by the

person who takes such other person into custody, the following

information orally. The information shall be in substantially the

following form:

My name is ____________________________________________.

I am a ________________________________________________.

(peace officer, mental health professional)

with __________________________________________________.

(name of agency)

You are not under criminal arrest, but I am taking you

for examination by mental health professionals at _____

_______________________________________________________.

(name of facility)

You will be told your rights by the mental health staff.

If taken into custody at his or her residence, the

person shall also be told the following information in

substantially the following form:

You may bring a few personal items with you which I

will have to approve. You can make a phone call and/or

leave a note to tell your friends and/or family where

you have been taken.

(b) The designated facility shall keep, for each patient

evaluated, a record of the advisement given pursuant to subdivision

(a) which shall include:

(1) Name of person detained for evaluation.

(2) Name and position of peace officer or mental health

professional taking person into custody.

(3) Date.

(4) Whether advisement was completed.

(5) If not given or completed, the mental health professional at

the facility shall either provide the information specified in

subdivision (a), or include a statement of good cause, as defined by

regulations of the State Department of Mental Health, which shall be

kept with the patient's medical record.

(c) Each person admitted to a designated facility for 72-hour

evaluation and treatment shall be given the following information by

admission staff at the evaluation unit. The information shall be

given orally and in writing and in a language or modality accessible

to the person. The written information shall be available in the

person's native language or the language which is the person's

principal means of communication. The information shall be in

substantially the following form:

My name is ____________________________________________________.

My position here is ___________________________________________.

You are being placed into the psychiatric unit because it is

our professional opinion that as a result of mental disorder,

you are likely to:

(check applicable)

harm yourself ____

harm someone else ____

be unable to take care of your own

food, clothing, and housing needs ____

We feel this is true because

________________________________________________________________

(herewith a listing of the facts upon which the

allegation of dangerous or gravely disabled due

to mental disorder is based, including pertinent

facts arising from the admission interview.)

You will be held on the ward for a period up to 72 hours.

This does not include weekends or holidays.

Your 72-hour period will begin ________________________________

(day and time.)

During these 72 hours you will be evaluated by the hospital

staff, and you may be given treatment, including medications.

It is possible for you to be released before the end of the 72

hours. But if the staff decides that you need continued treat-

ment you can be held for a longer period of time. If you are

held longer than 72 hours you have the right to a lawyer and a

qualified interpreter and a hearing before a judge. If you are

unable to pay for the lawyer, then one will be provided free.

(d) For each patient admitted for 72-hour evaluation and

treatment, the facility shall keep with the patient's medical record

a record of the advisement given pursuant to subdivision (c) which

shall include:

(1) Name of person performing advisement.

(2) Date.

(3) Whether advisement was completed.

(4) If not completed, a statement of good cause.

If the advisement was not completed at admission, the advisement

process shall be continued on the ward until completed. A record of

the matters prescribed by subdivisions (a), (b), and (c) shall be

kept with the patient's medical record.

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