Common Misconceptions About 5150 Holds
- Sierra Nurse
- Mar 24
- 4 min read
Many people mistakenly believe that individuals with psychiatric diagnoses are violent and dangerous. In truth, those with mental illnesses are more frequently victims of crime rather than offenders.
Such widespread misconceptions can result in the mistreatment of this highly vulnerable group.
A common misconception about 5150 holds in California is that they are a form of punishment or a criminal arrest, when, in fact, they are a civil, temporary measure for evaluation and treatment of individuals experiencing a mental health crisis.
The purpose of the Lanterman Petris Short Act was to END the indefinite hospitalization of mentally ill persons and to protect their civil rights.
Here's a breakdown of common misconceptions and the Reality of 5150 Holds and the Lanterman Petris Short Act
Misconception: A 5150 hold is a criminal arrest or punishment.
Reality: A 5150 hold is a civil process, not a criminal one. It is designed to provide temporary care and evaluation for individuals who may pose a danger to themselves or others due to a mental health condition.
Misconception: A 5150 hold means someone is automatically deemed "crazy" or incompetent.
Reality: A 5150 hold is a temporary measure for evaluation and treatment, not a permanent label or judgment of someone's mental state.
Misconception: A 5150 hold is only for celebrities or people with severe mental illnesses.
Reality: 5150 holds occur daily for individuals experiencing a mental health crisis, regardless of their background or the severity of their condition.
Misconception: You lose all your rights during a 5150 hold, and it's acceptable for medical staff to revoke all of your civil rights as long as you're not in an LPS designated psychiatric facility.
Reality: It is illegal for anyone to revoke all of your civil rights while on a 5150 hold, regardless of your location. According to WIC 5235.1 of the Lanterman Petris Short Act:
"No otherwise qualified person by reason of having been involuntarily detained for evaluation or treatment under provisions of this part (or having been admitted as a voluntary patient) to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity, which receives public funds."
Misconception: A 5150 hold will show up on a background check.
Reality: A 5150 hold is not a criminal conviction and will not appear on a criminal background check.
Misconception: A 5150 hold triggers a permanent firearm ban.
Reality: A 5150 hold does not trigger a permanent firearm ban, but it does allow for the temporary removal of weapons. Law enforcement can petition for the permanent removal of the weapon if necessary.
Misconception: You can't refuse treatment during a 5150 hold.
Reality: Individuals have the right to refuse specific treatments, (except in situations where immediate medical intervention is necessary to prevent harm to themselves or others).
Misconception: The 72-hour hold means you will be held for 72 hours regardless.
Reality: The 72-hour hold is a time frame for evaluation and treatment, not a guarantee of detention for the full period. Individuals can be released earlier if deemed safe and no longer in need of a hold.
In summary: A 5150 hold is a temporary, civil process designed to provide evaluation and treatment for individuals experiencing a mental health crisis. It is not a criminal arrest or a form of punishment.
If you are working at a facility where patients on 5150 holds are admitted, it is imperative that you protect patients' rights to avoid violating both state and federal laws.
From the Lanterman Petris Short Act: 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 Constitution and laws of the State of
California, unless specifically limited by federal or state law or
regulations.
No otherwise qualified person by reason of having been involuntarily detained for evaluation or treatment under provisions of this part (or having been admitted as a voluntary patient) to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity, which receives public funds.
It is the intent of the legislature that persons with mental
illness shall have rights including,
but not limited to, the following:
(a) A right to treatment services which promote the potential of the person to function independently.
Treatment should be provided in ways that are least restrictive of the personal liberty of the individual.
(b) A right to dignity, privacy, and humane care.
(c) A right to be free from harm, including:
unnecessary or excessive physical restraint,
isolation,
medication,
abuse, or
neglect.
Medication shall not be used:
As a punishment,
For the convenience of staff,
As a substitute for a program,
Or in quantities that interfere with the treatment program.
(d) A right to prompt medical care and treatment.
(e) A right to religious freedom and practice.
(f) A right to participate in appropriate programs of publicly supported education.
(g) A right to social interaction and participation in community activities. (i.e. visiting hours)
From the Lanterman Petris Short Act, WIC 5235 and 5235.1
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