CHAPTER 2. Involuntary Treatment [5150. - 5349.1.]
Chapter 2 added by Stats. 1967, Ch. 1667.
§§ 5150–5349.1 · 169 sections
ARTICLE 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment §§ 5150–5155 · 13 sections
- § 5150 (a) 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, professional person…
- § 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, a person who…
- § 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…
- § 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…
- § 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.
- § 5150.5 (a) An examination or assessment pursuant to Section 5150 or 5151 may be conducted using telehealth. An examination or assessment provided pursuant to Section…
- § 5151 (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period…
- § 5152 (a) A 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…
- § 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 behavioral health…
- § 5152.2 Each law enforcement agency within a county shall arrange with the county behavioral health director a method for giving prompt notification to peace officers…
- § 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…
- § 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.
ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment §§ 5170–5176 · 12 sections
- § 5170 When any person is a danger to others, or to himself, or gravely disabled as a result of inebriation, a peace officer, member of the attending staff, as…
- § 5170.1 A 72-hour treatment and evaluation facility shall include one or more of the following: (1) A screening, evaluation, and referral facility which may be…
- § 5170.3 Such evaluation facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of…
- § 5170.5 Any person placed in an evaluation facility has, immediately after he is taken to an evaluation facility and except where physically impossible, no later than…
- § 5170.7 A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the…
- § 5171 (a) If the facility for 72-hour treatment and evaluation of individuals under the influence of alcohol admits the person, it may detain the individual for…
- § 5172 Each person admitted to a facility for 72-hour treatment and evaluation under the provisions of this article shall receive an evaluation as soon after he or…
- § 5172.1 Any person who is a danger to others, or to himself, or gravely disabled as a result of inebriation, may voluntarily apply for admission to a 72-hour…
- § 5173 (a) Notwithstanding Section 5113, if the provisions of Section 5170.7 or 5172 have been met, the professional person in charge of the facility providing…
- § 5174 It is the intent of the Legislature (a) that facilities for 72-hour treatment and evaluation of inebriates be subject to state funding under Part 2 (commencing…
- § 5175 This article does not prevent a facility designated as a facility for 72-hour evaluation and treatment of individuals under the influence of alcohol from also…
- § 5176 (a) This article shall apply only to those counties wherein the board of supervisors has adopted a resolution stating that suitable facilities exist within the…
ARTICLE 2. Court-Ordered Evaluation for Persons with a Mental Health Condition §§ 5200–5213 · 13 sections
- § 5200 Any person alleged, as a result of mental disorder, to be a danger to others, or to himself, or to be gravely disabled, may be given an evaluation of his…
- § 5201 Any individual may apply to the person or agency designated by the county for a petition alleging that there is in the county a person who is, as a result of…
- § 5202 The person or agency designated by the county shall prepare the petition and all other forms required in the proceeding, and shall be responsible for filing…
- § 5203 Any individual who seeks a petition for court-ordered evaluation knowing that the person for whom the petition is sought is not, as a result of mental…
- § 5204 The petition for a court-ordered evaluation shall contain the following: (a) The name and address of the petitioner and his interest in the case. (b) The name…
- § 5205 The petition shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of the State of…
- § 5206 Whenever it appears, by petition pursuant to this article, to the satisfaction of a judge of a superior court that a person is, as a result of mental disorder,…
- § 5207 The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of…
- § 5208 As promptly as possible, a copy of the petition and the order for evaluation shall be personally served on the person to be evaluated and the professional…
- § 5210 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…
- § 5211 The report of a patient’s property required by Section 5210 to be made by the person taking him into custody for evaluation shall be in substantially the…
- § 5212 Whenever possible, persons charged with service of orders and apprehension of persons pursuant to this article shall dress in plain clothes and travel in…
- § 5213 (a) If, upon evaluation, the person is found to be in need of treatment because the person is, as a result of a mental health disorder, a danger to self or…
ARTICLE 3. Court-Ordered Evaluation for Persons Impaired by Chronic Alcoholism or Drug Use §§ 5225–5230 · 7 sections
- § 5225 Whenever a criminal defendant who appears, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs, to be a danger to others,…
- § 5226 Such a criminal defendant must be advised of his right to immediately continue with the criminal proceeding, and it is the duty of the judge to apprise the…
- § 5226.1 If a judge issues an order for evaluation under conditions set forth in this article, proceedings on the criminal charge then pending in the court from which…
- § 5227 The order for evaluation shall be in substantially the following form: In the Superior Court of the State of California for the County of _____ The People of…
- § 5228 As promptly as possible, a copy of the order for evaluation shall be personally served on the person to be evaluated and the professional person in charge of…
- § 5229 At the time a person is ordered to undergo evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of…
- § 5230 If, upon evaluation, the person is found to be in need of treatment because he is, as a result of impairment by chronic alcoholism or the use of narcotics or…
ARTICLE 4. Certification for Intensive Treatment §§ 5250–5259.3 · 24 sections
- § 5250 If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150), or under court order for evaluation pursuant to Article…
- § 5250.1 The professional person in charge of a facility providing intensive treatment, pursuant to Section 5250 or 5270.15, or that person’s designee, shall notify the…
- § 5251 (a) For a person to be certified under this article, a notice of certification shall be signed by two people. (1) The first person shall be the professional…
- § 5252 A notice of certification is required for all persons certified for intensive treatment pursuant to Section 5250 or 5270.15, and shall be in substantially the…
- § 5253 A copy of the certification notice shall be personally delivered to the person certified, the person’s attorney, or the attorney or advocate designated in…
- § 5254 The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified that he or…
- § 5254.1 The person delivering the copy of the notice of certification to the person certified shall, at the time of delivery, inform the person certified of his or her…
- § 5255 As soon after the certification as practicable, an attorney or patient advocate shall meet with the person certified to discuss the commitment process and to…
- § 5256 (a) When a person is certified for intensive treatment pursuant to Section 5250 or 5270.15, a certification review hearing shall be held unless judicial review…
- § 5256.1 The certification review hearing shall be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer. The…
- § 5256.2 At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the…
- § 5256.3 The person certified shall be present at the certification review hearing unless he or she, with the assistance of his or her attorney or advocate, waives his…
- § 5256.4 (a) At the certification review hearing, the person certified shall have the following rights: (1) Assistance by an attorney or advocate. (2) To present…
- § 5256.5 If at the conclusion of the certification review hearing the person conducting the hearing finds that there is not probable cause to believe that the person…
- § 5256.6 If at the conclusion of the certification review hearing the person conducting the hearing finds that there is probable cause that the person certified is, as…
- § 5256.7 The person certified shall be given oral notification of the decision at the conclusion of the certification review hearing. As soon thereafter as is…
- § 5256.8 The requirement that there is a certification review hearing in accordance with this article shall apply only to persons certified for intensive treatment on…
- § 5257 (a) During the period of intensive treatment pursuant to Section 5250 or 5270.15, the person’s involuntary detention shall be terminated and the person shall…
- § 5257.5 (a) A care coordination plan shall be developed by, at a minimum, the individual, the facility, the county behavioral health department, the health care payer,…
- § 5258 After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, shall not exceed the total…
- § 5259 Nothing in this article shall prohibit the professional person in charge of a treatment facility, or his or her designee, from permitting a person certified…
- § 5259.1 Any individual who is knowingly and willfully responsible for detaining a person in violation of the provisions of this article is liable to that person in…
- § 5259.2 Whenever a county designates two or more facilities to provide treatment, and the person to be treated, his or her family, conservator, or guardian expresses a…
- § 5259.3 (a) Notwithstanding Section 5113, if the provisions of Section 5257 have been met, the professional person in charge of the facility providing intensive…
ARTICLE 4.5. Additional Intensive Treatment of Suicidal Persons §§ 5260–5268 · 9 sections
- § 5260 At the expiration of the 14-day period of intensive treatment any person who, as a result of mental disorder or impairment by chronic alcoholism, during the…
- § 5261 (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility…
- § 5262 A second notice of certification for imminently suicidal persons is required for all involuntary 14-day intensive treatment, pursuant to this article, and…
- § 5263 Copies of the second notice of certification for imminently suicidal persons, as set forth in Section 5262, shall be filed with the court and personally…
- § 5264 (a) A certification for imminently suicidal persons shall be for no more than 14 days of intensive treatment, and shall terminate only as soon as the…
- § 5265 Any individual who is knowingly and willfully responsible for detaining a person for more than 14 days in violation of the provisions of Section 5264 is liable…
- § 5266 Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his family, conservator or guardian expresses…
- § 5267 (a) Notwithstanding Section 5113, if the provisions of Section 5264 have been met, the professional person in charge of the facility providing intensive…
- § 5268 Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or his designee, from permitting a person…
ARTICLE 4.7. Additional Intensive Treatment §§ 5270.10–5270.70 · 13 sections
- § 5270.10 It is the intent of the Legislature to reduce the number of gravely disabled persons for whom conservatorship petitions are filed and who are placed under the…
- § 5270.12 This article shall be operative only in those counties in which the county board of supervisors, by resolution, authorizes its application and, by resolution,…
- § 5270.15 (a) Upon the completion of a 14-day period of intensive treatment pursuant to Section 5250, the person may be certified for an additional period of not more…
- § 5270.20 (a) For a person to be certified under this article, a second notice of certification shall be signed by the professional person in charge of the facility…
- § 5270.25 A second notice of certification is required for all involuntary intensive treatment, pursuant to this article, and shall be in substantially the form…
- § 5270.30 Copies of the second notice of certification as set forth in Section 5270.25, shall be filed with the court and personally delivered to the person certified. A…
- § 5270.35 (a) A certification pursuant to this article shall be for no more than 30 days of intensive treatment, and shall terminate only as soon as the psychiatrist…
- § 5270.40 Any individual who is knowingly and willfully responsible for detaining a person for more than 30 days in violation of the provisions of Section 5270.35 is…
- § 5270.45 Whenever a county designates two or more facilities to provide intensive treatment and the person to be treated, his or her family, conservator, or guardian…
- § 5270.50 (a) Notwithstanding Section 5113, if the provisions of Section 5270.35 have been met, the professional person in charge of the facility providing intensive…
- § 5270.55 (a) Whenever it is contemplated that a gravely disabled person may need to be detained beyond the end of the 14-day period of intensive treatment and prior to…
- § 5270.65 Nothing in this article shall prohibit the professional person in charge of an intensive treatment facility, or a designee, from permitting a person certified…
- § 5270.70 (a) If, after 15 days of the 30-day period of intensive treatment pursuant to this article, but at least 7 days before expiration of the 30 days, the…
ARTICLE 5. Judicial Review §§ 5275–5278 · 6 sections
- § 5275 Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their…
- § 5276 Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the…
- § 5276.1 The person requesting release may, upon advice of counsel, waive the presence at the evidentiary hearing of the physician, licensed psychologist who meets the…
- § 5276.2 In the event that the person, or anyone acting on his or her behalf, withdraws the request for judicial review, a certification review hearing shall be held…
- § 5277 A finding under Section 5276 shall not be admissible in evidence in any civil or criminal proceeding without the consent of the person who was the subject of…
- § 5278 Individuals authorized under this part to detain a person for 72-hour treatment and evaluation pursuant to Article 1 (commencing with Section 5150) or Article…
ARTICLE 6. Postcertification Procedures for Imminently Dangerous Persons §§ 5300–5309 · 13 sections
- § 5300 (a) At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article…
- § 5300.5 For purposes of this article: (a) “Custody” shall be construed to mean involuntary detainment under the provisions of this part uninterrupted by any period of…
- § 5301 (a) At any time during the 14-day intensive treatment period the professional person in charge of the licensed health facility, or his or her designee, may ask…
- § 5302 At the time of filing of a petition for postcertification treatment the court shall advise the person named in the petition of his right to be represented by…
- § 5303 The court shall conduct the proceedings on the petition for postcertification treatment within four judicial days of the filing of the petition and in…
- § 5303.1 For the purposes of any hearing or jury trial held pursuant to this article, the judge of the court in which such hearing or trial is held may appoint a…
- § 5304 (a) The court shall remand a person named in the petition for postcertification treatment to the custody of the State Department of State Hospitals or to a…
- § 5305 (a) Any person committed pursuant to Section 5300 may be placed on outpatient status if all of the following conditions are satisfied: (1) In the evaluation of…
- § 5306 (a) Notwithstanding Section 5113, if the provisions of Section 5309 have been met, the superintendent, the professional person in charge of the hospital…
- § 5306.5 (a) If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person receiving treatment requires extended…
- § 5307 If at any time during the outpatient period the public officer, pursuant to Section 5114, is of the opinion that the person is a danger to the health and…
- § 5308 Upon the filing of a request for revocation of outpatient status under Section 5306.5 or 5307 and pending the court’s decision on revocation, the person…
- § 5309 (a) Nothing in this article shall prohibit the superintendent or professional person in charge of the hospital in which the person is being involuntarily…
ARTICLE 7. Legal and Civil Rights of Persons Involuntarily Detained §§ 5325–5337 · 47 sections
- § 5325 Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric…
- § 5325.1 Persons with mental illness have the same legal rights and responsibilities guaranteed all other persons by the Federal Constitution and laws and the…
- § 5325.2 Any person who is subject to detention pursuant to Section 5150, 5250, 5260, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic…
- § 5325.3 (a) For purposes of administering antipsychotic medications to a person admitted as a voluntary patient, as described in Section 850 of Title 9 of the…
- § 5325.4 (a) If a person is involuntarily detained for assessment, evaluation, or treatment under this part, the facility to which the person is brought shall offer and…
- § 5326 The professional person in charge of the facility or state hospital or his or her designee may, for good cause, deny a person any of the rights under Section…
- § 5326.1 Quarterly, each local mental health director shall furnish to the Director of Health Care Services, the facility reports of the number of persons whose rights…
- § 5326.15 (a) Quarterly, any doctor or facility which administers convulsive treatments or psychosurgery, shall report to the local mental health director, who shall…
- § 5326.2 To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner: (a) The reason for treatment,…
- § 5326.3 The State Department of Health Care Services and State Department of State Hospitals shall promulgate a standard written consent form, setting forth clearly…
- § 5326.4 The treating physician shall then present to the patient the supplemented form specified under Section 5326.3 and orally, clearly, and in detail explain all of…
- § 5326.5 (a) For purposes of this chapter, “written informed consent” means that a person knowingly and intelligently, without duress or coercion, clearly and…
- § 5326.55 Persons who serve on review committees shall not otherwise be personally involved in the treatment of the patient whose case they are reviewing.
- § 5326.6 Psychosurgery, wherever administered, may be performed only if: (a) The patient gives written informed consent to the psychosurgery. (b) A responsible relative…
- § 5326.7 Subject to the provisions of subdivision (f) of Section 5325, convulsive treatment may be administered to an involuntary patient, including anyone under…
- § 5326.75 Convulsive treatment for all other patients including but not limited to those voluntarily admitted to a facility, or receiving the treatment in a physician’s…
- § 5326.8 Under no circumstances shall convulsive treatment be performed on a minor under 12 years of age. Persons 16 and 17 years of age shall personally have and…
- § 5326.85 No convulsive treatment shall be performed if the patient, whether admitted to the facility as a voluntary or involuntary patient, is deemed to be able to give…
- § 5326.9 (a) Any alleged or suspected violation of the rights described in Chapter 2 (commencing with Section 5150) shall be investigated by the local director of…
- § 5326.91 In any facility in which convulsive treatment is performed on a person whether admitted to the facility as an involuntary or voluntary patient, the facility…
- § 5326.95 The Director of State Hospitals shall adopt regulations to carry out the provisions of this chapter, including standards defining excessive use of convulsive…
- § 5327 Every person involuntarily detained under provisions of this part or under certification for intensive treatment or postcertification treatment in any public…
- § 5328 (a) All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with…
- § 5328.01 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental…
- § 5328.02 Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to the Youth…
- § 5328.03 (a) (1) Notwithstanding Section 5328 of this code, Section 3025 of the Family Code, or paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, a…
- § 5328.04 (a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer,…
- § 5328.05 (a) Notwithstanding Section 5328, information and records may be disclosed when an older adult client, in the opinion of a designee of a human service agency…
- § 5328.06 (a) Notwithstanding Section 5328, information and records shall be disclosed to the protection and advocacy agency established in this state to fulfill the…
- § 5328.1 (a) Upon request of a member of the family of a patient, or other person designated by the patient, a public or private treatment facility shall give the…
- § 5328.15 All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section…
- § 5328.2 Notwithstanding Section 5328, movement and identification information and records regarding a patient who is committed to the department, state hospital, or…
- § 5328.3 (a) When a voluntary patient would otherwise be subject to the provisions of Section 5150 of this part and disclosure is necessary for the protection of the…
- § 5328.4 The physician in charge of the patient, or the professional person in charge of the facility or his or her designee, when he or she has probable cause to…
- § 5328.5 Information and records described in Section 5328 may be disclosed in communications relating to the prevention, investigation, or treatment of elder abuse or…
- § 5328.6 When any disclosure of information or records is made as authorized by the provisions of Section 11878 or 11879 of the Health and Safety Code, subdivision (a)…
- § 5328.7 Signed consent forms by a patient for release of any information to which such patient is required to consent under the provisions of Sections 11878 or 11879…
- § 5328.8 (a) The State Department of State Hospitals, the physician in charge of the patient, or the professional person in charge of the facility or his or her…
- § 5328.9 If at such time as a patient’s hospital records are required by an employer to whom the patient has applied for employment, such records shall be forwarded to…
- § 5329 Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards…
- § 5330 (a) Any person may bring an action against an individual who has willfully and knowingly released confidential information or records concerning him or her in…
- § 5331 No person may be presumed to be incompetent because he or she has been evaluated or treated for mental disorder or chronic alcoholism, regardless of whether…
- § 5332 (a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150,…
- § 5333 (a) Persons subject to capacity hearings pursuant to Section 5332 shall have a right to representation by an advocate or legal counsel. “Advocate,” as used in…
- § 5334 (a) (1) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs…
- § 5336 (a) (1) A determination that a person does not have the capacity to refuse treatment with antipsychotic medication made pursuant to Section 5334 during the…
- § 5337 Notwithstanding Section 5257, nothing shall prohibit the filing of a petition for post certification pursuant to Article 6 (commencing with Section 5300) for…
ARTICLE 8. Community Controlled Substances Treatment Services §§ 5340–5344 · 5 sections
- § 5340 It is the intention of the Legislature by enacting this article to provide legal procedures for the custody, evaluation, and treatment of users of controlled…
- § 5341 As used in this article, “controlled substances” means those substances referred to in Division 10 (commencing with Section 11000) of the Health and Safety…
- § 5342 Where other applicable sections of this part contain the phrase “a danger to himself or herself or others, or gravely disabled,” such sections shall be deemed…
- § 5343 Notwithstanding any other provision of law, if any person is a danger to others or to himself or herself, or gravely disabled, as a result of the use of…
- § 5344 Any expenditure for the custody, evaluation, treatment, or other procedures for services rendered a person pursuant to this article shall be considered an…
ARTICLE 9. The Assisted Outpatient Treatment Demonstration Project Act of 2002 §§ 5345–5349.1 · 7 sections
- § 5345 (a) This article shall be known, and may be cited, as Laura’s Law. (b) “Assisted outpatient treatment” shall be defined as categories of outpatient services…
- § 5346 (a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition…
- § 5346.5 (a) In a county or group of counties where services are available, as provided in Section 5348, and in accordance with the requirements of Section 5346, a…
- § 5347 (a) In a county or group of counties where services are available pursuant to Section 5348, a person who is determined by the court to be subject to…
- § 5348 (a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to…
- § 5349 (a) A county or group of counties that does not wish to implement this article may opt out of the requirements of this article by a resolution passed by the…
- § 5349.1 (a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family…