Policy Text
Policy
417Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentPsychological Commitments - 1Psychological Commitments
417.1 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).
417.2 POLICY
It is the policy of the Mountain View Police Department to protect the public and individuals
through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150
commitment) process.
417.3 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).
417.3.1 VOLUNTARY EVALUATION
If officers encounter an individual who may qualify for a 5150 commitment, they 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.
417.4 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:
(a)Available information that might assist in determining the cause and nature of the
person's action or stated intentions.
(b)Community or neighborhood mediation services.
(c)Conflict resolution and de-escalation techniques.
(d)Community or other resources available to assist in dealing with mental health issues.
While these steps are encouraged, nothing in this section is intended to dissuade officers from
taking reasonable action to ensure the safety of the officers and others.
Mountain View Police Department
Mountain View PD Policy Manual
Psychological Commitments
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentPsychological Commitments - 2Officers should consider a 5150 commitment over arrest when mental health issues appear to
be a mitigating factor for people who are suspected of committing minor crimes or creating other
public safety issues.
417.4.1 SECURING OF PROPERTY
When a person is taken into custody for evaluation, or within a reasonable time thereafter, and
unless a responsible relative, guardian or conservator is in possession of the person's personal
property, the officer shall take reasonable precautions to safeguard the individual's personal
property in his/her possession or on the premises occupied by the person (Welfare and Institutions
Code § 5150).
The officer taking the person into custody shall provide a report to the court that describes the
person's property and its disposition in the format provided in Welfare and Institutions Code §
5211, unless a responsible person took possession of the property, in which case the officer shall
only include the name of the responsible person and the location of the property (Welfare and
Institutions Code § 5150(e)).
417.5 TRANSPORTATION
When transporting any individual for a 5150 commitment, the transporting officer should have
Emergency Communications Center notify the receiving facility of the estimated time of arrival,
the level of cooperation of the individual and whether any special medical care is needed.
Officers may transport individuals in a patrol unit and shall secure them in accordance with the
Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport
vehicle and the safety of any person, including the detainee, requires the presence of an officer
during the transport, Watch Commander approval is required before transport commences.
417.6 TRANSFER TO APPROPRIATE FACILITY
Upon arrival at the facility, the officer will escort the individual into a treatment area designated
by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should
provide the staff member with the written application for 5150 commitment and remain present to
provide clarification of the grounds for detention, upon request.
Absent exigent circumstances, the transporting officer should not assist facility staff with the
admission process, including restraint of the individual. However, if the individual is transported
and delivered while restrained, the officer may assist with transferring the individual to facility
restraints and will be available to assist during the admission process, if requested. Under normal
circumstances, officers will not apply facility-ordered restraints.
417.7 DOCUMENTATION
The officer shall complete an Application for 72-Hour Detention for Evaluation and Treatment
(MH-302), provide it to the facility staff member assigned to that patient and retain a copy of the
72-hour evaluation for inclusion in the case report.
Mountain View Police Department
Mountain View PD Policy Manual
Psychological Commitments
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentPsychological Commitments - 3The officer should also provide a verbal summary to any evaluating staff member regarding the
circumstances leading to the involuntary detention.
417.7.1 ADVISEMENT
The officer shall read