What Is a Psychiatric Hold (5150) and When Does It Apply?
If you have ever called for help during a loved one's mental health crisis, you may have heard the terms "5150," "Baker Act," or "psychiatric hold." These terms refer to involuntary psychiatric evaluation — a legal mechanism that allows a person to be held for emergency mental health assessment without their consent. Understanding what this means, when it applies, and what happens during and after a hold is essential for any family navigating a mental health crisis.
Medically Reviewed by:
Dr. Darrin Mangiacarne
Chief Medical Officer
At Banyan Treatment Centers, Chief Medical Officer Dr. Darrin Mangiacarne leads our nationwide clinical team with over a decade of addiction medicine experience, helping ensure evidence-based, compassionate care across every level of treatment.
Author / Written by: Banyan Editorial Staff
Medically reviewed by: Dr. Darrin Mangiacarne, CMO
Updated on: June 2026
Family Resources Hub › Mental Health Resources › Identifying a Mental Health Crisis
Psychiatric Holds — The Basics
A psychiatric hold is a legal mechanism that allows a person to be detained for involuntary psychiatric evaluation for a defined period of time — most commonly 72 hours — without their consent. It is initiated when a qualified professional determines that a person meets the legal criteria for involuntary evaluation, which typically requires evidence that the person is a danger to themselves, a danger to others, or so gravely disabled that they cannot meet their own basic needs for food, clothing, or shelter.
The term "5150" comes from California Welfare and Institutions Code Section 5150, which was the first such law in the United States and remains one of the most cited. But every U.S. state has its own version of this law, with its own name, criteria, and duration. The Florida Baker Act, Texas Emergency Detention, and New York's Involuntary Admission law are among the most commonly encountered outside California.
Questions About a Psychiatric Hold? Our Team Can Help.
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What Psychiatric Holds Are Called in Banyan's Service States
While the underlying principle is similar across states, the specific laws, names, criteria, and procedures vary significantly. Here is what families in each of Banyan's service states should know.
California — 5150 (72-Hour Hold)
Under California Welfare and Institutions Code Section 5150, a person can be involuntarily detained for up to 72 hours for psychiatric evaluation if they are deemed a danger to themselves, a danger to others, or gravely disabled. Can be initiated by law enforcement, designated clinicians, or certain other authorized professionals. Following the hold, a 14-day certification (5250) can extend detention if criteria are still met.
Florida — Baker Act
Florida's Mental Health Act (Chapter 394), known as the Baker Act, allows for a 72-hour involuntary examination. Can be initiated by a judge, law enforcement officer, or mental health professional who has reason to believe the person has a mental illness and is likely to harm themselves or others, or is unable to determine or communicate their own care needs.
Texas — Emergency Detention
Under Texas Health and Safety Code Chapter 573, a peace officer may take a person into custody and transport them for emergency psychiatric evaluation if the officer believes the person is mentally ill and presents a substantial risk of serious harm. The emergency detention period is up to 48 hours. A court order for emergency mental health services (Chapter 574) can authorize longer periods.
Pennsylvania — 302 Involuntary Commitment
Pennsylvania's Mental Health Procedures Act (MHPA) provides for emergency involuntary examination and treatment under Section 302 when a person is severely mentally disabled and in need of immediate treatment. Authorized by a physician, psychiatrist, or other designated professional. Results in up to 120 hours of inpatient evaluation and treatment.
Illinois — Emergency Admission
Under Illinois Mental Health and Developmental Disabilities Code (405 ILCS 5), a person may be admitted on an emergency basis if a physician, qualified examiner, or peace officer determines they are in immediate danger of physical harm. The emergency admission period is up to 24 hours, after which continued involuntary admission requires a court hearing.
Massachusetts, Delaware, Colorado, Alaska
All four states have involuntary commitment provisions with varying criteria and durations. Massachusetts Chapter 123 Section 12 allows 3-day emergency holds. Delaware's MHTA and Colorado's M-1 hold each allow 72 hours. Alaska Statute 47.30.700 allows up to 72 hours. NAMI's state-by-state resource at nami.org/Advocacy provides detailed information for each.
What Happens During a Psychiatric Hold — and What Comes After
What Happens During the Hold
The person is transported to a psychiatric facility or emergency department with psychiatric capability. During the hold period, they receive a psychiatric evaluation, medical assessment, and stabilization. They may be started on medication, participate in group sessions, and be observed by clinical staff. The goal is evaluation and stabilization — not long-term treatment.
What Families Can and Cannot Do During a Hold
HIPAA applies during a psychiatric hold. Facilities may not be able to confirm your loved one is present or share clinical information without their consent. If your loved one has designated you as an emergency contact or signed a release, you will receive more information. Families can generally visit, though visiting hours vary by facility. You can and should ask the facility what information they are permitted to share with you.
The Three Possible Outcomes
At the end of the hold period, one of three things typically happens: (1) The person is released because they no longer meet criteria or are willing to engage in voluntary outpatient treatment. (2) The person voluntarily agrees to inpatient admission. (3) The facility seeks a court order for extended involuntary commitment if the person still meets criteria and will not voluntarily accept treatment.
The Most Critical Period — Discharge
The period immediately following discharge from a psychiatric hold is one of the highest-risk periods for relapse, crisis recurrence, and suicide. Research shows that continuity of care — a clear plan for what happens next, a follow-up appointment scheduled before discharge, and family involvement in the transition — significantly improves outcomes. If your loved one is being discharged without a clear plan, advocate loudly for one before they leave.
Your Rights as a Family Member
While HIPAA limits what facilities can share, you have the right to provide information to the treatment team even if you cannot receive information back. You can call the facility and share observations, history, and context that will inform their evaluation — even if they cannot confirm your loved one is there. This information can be clinically significant and is worth providing.
The Emotional Reality for Families
Having a loved one placed on a psychiatric hold is traumatic for families — regardless of whether it was the right decision. The guilt, the fear, the helplessness, and the uncertainty about what comes next are all real. Families in this situation deserve support of their own. Banyan's family team, NAMI's helpline (1-800-950-6264), and 988 are all available to support family members, not just the person in the hold.
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You Don't Have to Navigate This Alone
Banyan's Family Program
A psychiatric hold is often the beginning of a longer process — and families rarely know what comes next. Banyan's Family Program connects family members with clinical guidance, education about mental health treatment, and support for navigating the system after a hold is lifted. Whether your loved one comes to Banyan directly from a hold or at a later point, our family team will support you through the transition.
What Happens After the Hold
Banyan provides mental health treatment and psychiatric care for people stepping down from higher levels of crisis intervention. If your loved one is being discharged from a psychiatric facility and needs ongoing structured mental health support, call our admissions team. We can assess what level of care is appropriate and whether Banyan is the right fit.
We Can Help You Navigate the System
The psychiatric emergency system is confusing, and families are rarely given enough information about what is happening or what their options are. Our clinical team can help you understand what the hold means, what your rights are as a family member, what to ask the facility, and how to plan for what comes next. Call us at any point during this process — that conversation is free.
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