Policy Text
Policy
410San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentMental Illness Commitments - 1Mental Illness Commitments
410.1 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).
410.2 POLICY
It is the policy of the San Luis Obispo Police Department to protect the public and individuals
through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150
commitment) process.
410.3 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
410.3.1 VOLUNTARY EVALUATION
If an officer encounters an individual who may qualify for a 5150 commitment, the officer 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)Document the circumstances surrounding the individual's desire to pursue voluntary
evaluation and/or admission.
If at any point the person changes their mind regarding voluntary evaluation, officers should
proceed with the 5150 commitment, if appropriate.
410.4 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:
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Mental Illness Commitments
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentMental Illness Commitments - 2(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.
Officers 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.
410.4.1 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).
410.5 TRANSPORTATION
Transport for any individual for a 5150 commitment shall be conducted in accordance with the
Transporting Persons in Custody Policy.
Officers may transport individuals in a patrol unit and shall secure them in accordance with the
Handcuffing and Restraints Policy.
410.6 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 a 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.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Mental Illness Commitments
Copyright Lexipol, LLC 2025/07/01, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentMental Illness Commitments -