§ 5150.05 - W&I Code

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Determination of Probable Cause (History)
Involuntary Treatment - 5150

Note: The intent of this new code is to allow a patient's history of past behaviors and illness to be use as supporting evidence to detain a person into custody...Kathi Stringer

Chapter 2 INVOLUNTARY TREATMENT
Article 1 DETENTION OF MENTALLY
DISORDERED PERSONS FOR EVALUATION AND TREATMENT

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§ 5150.05. Determination of probable cause to take person into custody or cause person to be taken into custody

(a) When determining if probable cause exists to take a person into custody, or cause a person to be taken into custody, pursuant to Section 5150, any person who is authorized to take that person, or cause that person to be taken, into custody pursuant to that section shall consider available relevant information about the historical course of the person’s mental disorder if the authorized person determines that the information has a reasonable bearing on the determination as to whether the person is a danger to others, or to himself or herself, or is gravely disabled as a result of the mental disorder.

(b) For purposes of this section, “information about the historical course of the person’s mental disorder” includes evidence presented by the person who has provided or is providing mental health or related support services to the person subject to a determination described in subdivision (a), evidence presented by one or more members of the family of that person, and evidence presented by the person subject to a determination described in subdivision (a) or anyone designated by that person.

(c) If the probable cause in subdivision (a) is based on the statement of a person other than the one authorized to take the person into custody pursuant to Section 5150, a member of the attending staff, or a professional person, the person making the statement shall be liable in a civil action for intentionally giving any statement that he or she knows to be false.

(d) This section shall not be applied to limit the application of Section 5328.