A Guide to Involuntary Holds by State
Navigating the mental health system can be challenging, especially when it comes to understanding involuntary holds. Each state in the U.S. has its own laws and procedures for handling situations where an individual may be a danger to themselves or others and requires immediate psychiatric intervention. This guide provides an overview of involuntary holds by state, helping you understand the basics.
What is an Involuntary Hold?
An involuntary hold, also known as civil commitment, is a legal process through which an individual with severe mental illness can be detained in a psychiatric hospital for treatment without their consent. This measure is typically taken when the person poses a significant risk to themselves or others, and it is believed that they need urgent care.
General Criteria for Involuntary Holds
While the specific criteria and processes vary by state, common factors include:
Danger to Self: The individual is at risk of harming themselves, either through suicidal actions or self-neglect.
Danger to Others: The individual poses a threat to the safety of others due to their mental state.
Gravely Disabled: The individual is unable to take care of basic personal needs for food, clothing, or shelter due to mental illness.
Key Considerations
Legal Representation: It's important to know that individuals under an involuntary hold have the right to legal representation. If you or a loved one is facing an involuntary hold, seeking legal counsel can ensure that your rights are protected.
Appeals Process: Each state has an appeals process for involuntary holds. Understanding how to navigate this process can be vital for those seeking to challenge the hold.
Follow-Up Care: After an involuntary hold, follow-up care is essential to ensure continued mental health support and recovery. MiResource is a free resource that can help you find ongoing mental health services tailored to your needs and covered by insurance for you or your loved ones.
Involuntary Holds by State
Alabama
Initial Hold: Up to 72 hours.
Process: Requires a petition from a mental health professional or law enforcement officer and a court order.
Extension: Possible after a court hearing.
Alaska
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional based on observed behavior.
Extension: Up to 30 days with a court order.
Arizona
Initial Hold: Up to 72 hours.
Process: Requires an application by a mental health professional and a review by a judicial officer.
Extension: Additional 14 days for further evaluation.
Arkansas
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional, with immediate judicial review.
Extension: Up to 45 days with a court order.
California
Initial Hold: 72-hour hold (5150).
Process: Initiated by peace officers, registered nurses, or licensed clinicians.
Extension: 14-day hold (5250) for intensive treatment if necessary.
Colorado
Initial Hold: 72 hours.
Process: Initiated by a mental health professional, peace officer, or family member.
Extension: Additional 90 days with a court order for continued treatment.
Connecticut
Initial Hold: 72 hours.
Process: Initiated by a physician or a law enforcement officer.
Extension: Extended hold requires a court order.
Delaware
Initial Hold: 72 hours.
Process: Initiated by a mental health professional, peace officer, or family member.
Extension: Additional 30 days with a court order for further evaluation.
Florida
Initial Hold: Up to 72 hours.
Process: Known as the Baker Act, initiated by law enforcement, physicians, or mental health professionals.
Extension: Additional 6 months with judicial approval.
Georgia
Initial Hold: 72 hours.
Process: Initiated by a mental health professional or law enforcement.
Extension: Possible with a court order for extended treatment.
Hawaii
Initial Hold: 48 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
Idaho
Initial Hold: 24 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 30 days with a court order.
Illinois
Initial Hold: 24 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Indiana
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
Iowa
Initial Hold: 48 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 30 days with a court order.
Kansas
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
Kentucky
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
Louisiana
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Maine
Initial Hold: 24 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
Maryland
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 30 days with a court order.
Massachusetts
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 30 days with a court order.
Michigan
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 60 days with a court order.
Minnesota
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Mississippi
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 30 days with a court order.
Missouri
Initial Hold: 96 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Montana
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Nebraska
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
Nevada
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
New Hampshire
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Extended hold requires a court order.
New Jersey
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
New Mexico
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 30 days with a court order.
New York
Initial Hold: Up to 72 hours.
Process: Initiated by a physician, psychologist, or qualified examiner.
Extension: Can be extended up to 60 days with a court hearing.
North Carolina
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
North Dakota
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Ohio
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Oklahoma
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Oregon
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 180 days with a court order.
Pennsylvania
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 120 days with a court order.
Rhode Island
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
South Carolina
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 60 days with a court order.
South Dakota
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Tennessee
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Texas
Initial Hold: 48 hours, excluding weekends and holidays.
Process: Must be ordered by a judge based on a sworn statement from a peace officer or mental health professional.
Extension: Possible with a court order for continued treatment.
Utah
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Vermont
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Virginia
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Washington
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
West Virginia
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Wisconsin
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
Wyoming
Initial Hold: 72 hours.
Process: Initiated by law enforcement or a mental health professional.
Extension: Additional 90 days with a court order.
