Bakersfield Mental Health Crisis Response & Holds
Bakersfield, California follows state law for involuntary mental health detention while local agencies handle response and follow-up care. This guide explains who may place a hold, the legal basis under California law, local enforcement pathways, and steps residents can take if they or someone they know faces a crisis.
Overview
In California, involuntary psychiatric holds are governed by the Welfare and Institutions Code. A person may be taken into custody for evaluation and treatment when they present as a danger to themselves or others, or are gravely disabled due to a mental disorder. Local law enforcement and behavioral health agencies coordinate response, transport, and referral to evaluation facilities.
Penalties & Enforcement
Legal authority and time limits: California Welfare and Institutions Code §5150 authorizes a peace officer or other designated person to place an individual on a 72-hour involuntary psychiatric hold for evaluation and treatment.WIC §5150[1]
- Enforcer: peace officers and designated professional persons may detain and transport persons for evaluation; the arresting or detaining officer documents probable cause.
- Hold duration: an initial hold is for up to 72 hours for evaluation and treatment under state law.
- Extensions and review: separate statutory procedures (for example, for certification extensions and review hearings) are set out in California law and related sectionsWIC §5250[2].
- Fines/monetary penalties: not specified on the cited page; civil or criminal penalties are not set by WIC §5150 for the act of placing a person on hold and would depend on separate statutes or court orders if applicable.
- Non-monetary sanctions: actions are clinical and civil (detention for evaluation, certification for additional days, referral to treatment); criminal charges are separate and not prescribed by §5150 itself.
- Complaint and oversight: complaints about police conduct, use of force, or inappropriate detentions are handled by the City of Bakersfield Police Department internal affairs or civilian oversight processes; contact local police oversight for filing complaints.Bakersfield Police[3]
Appeals, reviews, and time limits
WIC provides for certification reviews and procedures when an extension beyond the initial 72 hours is sought; specific timelines for hearings and appeals are set in related state sections and local procedures. For details on review rights and timelines, see the cited state code and ask the evaluating facility for notice of rights.WIC §5250[2]
Applications & Forms
No city-specific application or fee is required to initiate a 5150 evaluation; detention is initiated by an officer or designated professional. County or facility forms for admission, release, or conservatorship may exist; specific forms are not listed on the cited state pages and are typically provided by the admitting facility or county behavioral health intake services (not specified on the cited page).
Common Violations and Typical Outcomes
- Detention without probable cause — outcome: review, possible administrative inquiry, or dismissal (procedural remedies through internal affairs or court review).
- Use of excessive force during a transport — outcome: internal investigation, possible discipline, civil claim (depends on facts).
- Failure to inform of rights or provide notice of review — outcome: administrative remedy, requirement to provide opportunity for hearing.
Action Steps
- Immediate danger: call 911 and request a crisis intervention or mental-health trained responder.
- Non-emergency crisis: contact Kern County behavioral health intake or mobile crisis team for evaluation and community resources.
- If placed on a hold and you seek review: request the facility’s notice of rights and follow procedures for a certification review or representational hearing.
- To complain about police conduct: file a complaint with Bakersfield Police Department internal affairs (contact link in Resources).
FAQ
- Who can place someone on an involuntary psychiatric hold?
- Peace officers and designated professional persons authorized under California law can place a person into custody for up to 72 hours for evaluation and treatment.
- How long can someone be held for evaluation?
- The initial statutory hold is up to 72 hours for evaluation and treatment under WIC §5150.
- What if I disagree with a hold or believe it was improper?
- You may request notice of rights and any available certification review; you can also file a complaint with the Police Department if you allege misconduct.
How-To
- Assess immediate risk: call 911 if the person is an immediate danger to themselves or others.
- Contact non-emergency crisis lines or the county mobile crisis team for evaluation and community options.
- If detained, request the facility’s notice of rights and ask about the process for certification review or appeal.
- For concerns about conduct, submit a complaint to the Bakersfield Police Department internal affairs and retain records of treatment and communications.
Key Takeaways
- California law (WIC §5150) authorizes a 72-hour hold for evaluation when someone is a danger to self or others.
- Local enforcement and transport are handled by peace officers and designated professionals; review and appeals follow statutory procedures.
- Contact local crisis teams, the evaluating facility, or Bakersfield Police internal affairs for help or to file complaints.
Help and Support / Resources
- City of Bakersfield Police Department
- California Department of Health Care Services - Mental Health
- California Welfare & Institutions Code §5150 (state law)