[6.9] Detention of Individuals with Severe Mental Health Disorders
When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 60 months for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State.
- Penal Code (6)09 is not a criminal offense but rather a protocol for the handling of mental health disorders.
Persons who are held under this code have not committed a crime and are being held for their own well being. Use of this code does not stack with any charge and cannot be used in lieu of a standard punishment for a crime. If a crime has been committed this section is not to be used. This is commonly referred to as a 5150 hold or a baker act hold.
This section is most commonly used after an attempted suicide or a person threatening to commit suicide.
((Application of this section is done by use of the hospital script for 60 months.))