Policy Text
Policy Delano Police Department
408 Delano PD Policy Manual
Mental Illness Commitments
408.1 PURPOSE AND SCOPE
This policy provides guidelines for when officers may take a person into custody for psychiatric
evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150).
408.2 POLICY
It is the policy of the Delano Police Department to protect the public and individuals through legal
and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment)
process.
408.3 AUTHORITY
An officer having probable cause may take a person into custody and place the person in an
approved mental health facility for 72-hour treatment and evaluation when the officer believes that,
as a result of a mental disorder, the person is a danger to him/herself or others or the person is
gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50).
When determining whether to take a person into custody, officers are not limited to determining
the person is an imminent danger and shall consider reasonably available information about the
historical course of the person’s mental disorder, which may include evidence presented from any
of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05):
(a) An individual who is providing or has provided mental health treatment or related
support services to the person
(b) A family member
(c) The person subject to the determination or anyone designated by the person
408.3.1 VOLUNTARY EVALUATION
If an officer encounters an individual who may qualify for a 5150 commitment, he/she may inquire
as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person
so desires, the officers should:
(a) Transport the person to an appropriate facility that is able to conduct the evaluation
and admit the person pursuant to a 5150 commitment.
(b) If at any point the person changes his/her mind regarding voluntary evaluation, officers
should proceed with the 5150 commitment, if appropriate.
(c) Document the circumstances surrounding the individual’s desire to pursue voluntary
evaluation and/or admission.
408.4 CONSIDERATIONS AND RESPONSIBILITIES
Any officer handling a call involving an individual who may qualify for a 5150 commitment should
consider, as time and circumstances reasonably permit:
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Mental Illness Commitments - 1
Published with permission by Delano Police Department