Key Takeaways
- Every state allows a brief involuntary psychiatric hold for emergency evaluation.
- The core criteria are similar: due to mental illness, a person is a danger to self or others, or can’t care for basic needs.
- The time limits differ widely — from about 24 hours (Arizona) to 120 hours (Washington), or longer in New York.
- Most states require a court hearing before any longer commitment, with the right to an attorney.
- A hold is a starting point for care and safety — not a punishment.
- Texas — emergency detention and the mental health warrant
Involuntary Hold Laws by State (Comparison)
| State | Common name | Initial hold / timing | Details |
|---|---|---|---|
| California | 5150 (and 5585 for minors) | Up to 72 hours | California guide |
| Florida | Baker Act | Up to 72 hours (exam) | Florida guide |
| Georgia | 1013 hold | Exam within 48 hours | Georgia guide |
| Texas | Mental health warrant | Up to 48 hours | Texas guide |
| New York | Mental Hygiene Law (9.39/9.40) | Up to 15 days; 72 hrs CPEP | New York guide |
| Washington | Involuntary Treatment Act | Up to 120 hours | Washington guide |
| Arizona | Emergency admission (Title 36) | Up to 24 hrs (excl. wknds/hols) | Arizona guide |
| Illinois | Emergency admission by certification | Hearing within ~5 court days | Illinois guide |
| Ohio | Pink slip | Exam within 24 hrs; up to 3 court days | Ohio guide |
Exact durations depend on the statute, weekends and holidays, and whether a court petition is filed — see each state’s page for specifics.
What Almost Every State Has in Common
Despite different names, the laws share a structure: a qualified person (often a peace officer, physician, or designated clinician) initiates a short hold for evaluation; the person is examined; and if they still meet the criteria, a court process can authorize longer, time-limited treatment with the right to a hearing and an attorney.
How States Differ
The biggest differences are in how long the initial hold lasts and who can start it. Washington uses a specially trained Designated Crisis Responder and allows up to 120 hours; Arizona limits emergency admission to about 24 hours but adds a unique “persistent or acute disability” criterion; New York measures some holds in days rather than hours.
Frequently Asked Questions
What is an involuntary psychiatric hold?
A short period during which a person can be held for mental health evaluation and treatment without their consent, when a crisis makes them a danger to themselves or others or unable to care for their basic needs. Each state sets its own rules.
How long can an involuntary hold last?
It varies by state — from about 24 hours (Arizona) to 72 hours (California, Florida) to 120 hours (Washington) or up to 15 days for some New York holds. Longer treatment generally requires a court order.
Is a 5150 the same as a Baker Act?
They’re the same idea in different states: a 5150 is California’s involuntary hold and the Baker Act is Florida’s. The criteria are similar, but the time limits and procedures differ.
Can a family member force someone into a psychiatric hold?
Usually not directly. In most states a peace officer, physician, or designated clinician must initiate the hold, but family can call our confidential line at 866-644-7911, contact a local crisis line, or petition a court to start the process.
What happens after an involuntary hold?
The person may be released, choose voluntary treatment, or face a court process for longer, time-limited treatment, with the right to a hearing and an attorney.
This guide is general education and is not legal or medical advice; laws change and details vary by state, county, and facility. Sources: each state’s mental health statutes