AB2275

What Everyone Needs To Know

1. Probable Cause hearings shall be held within 7 days of the date from the initial 5150.
2. Postponement is only from the patient or their attorney.
3. If the person request a writ of habeas corpus, the court must be notified by the end of that business day. The writ (judicial review) must be heard within 2 business days of the request.
4. The patient must be informed of their patient rights. These rights consist of the following:
5. Patient has been asked to remain in the hospital on voluntarily status; but not willing or able to accept, treatment on a voluntary basis.
6. Explain the probable cause process.
7. Provide patient 5150 documentation.
8. Rights pursuant to Section 5254.1
9. Inform the patient of the right for an in- person hearing.
10. Obtain consent for telehealth services before it occurs .
11. Explain the writ of habeas corpus process.
12. Review the 5150 criteria with the patient.
13. Explain the right to have a family member or a friend present at the hearing.
14. Explain patient has the right to attend their hearing or can refuse.
15. Provide DCHS Patient’s Rights Handbook.
16. Inform patient of the outcome of the probable cause hearing. Provide patient with a written court document regarding the hearing.
17. The detained patient has a right to request their own attorney or an Advocate will be assigned to them for representation at the probable cause hearings.
18. Establishes a series of escalating detentions for involuntary treatment which may culminate in a renewable 1 year conservatorship (5150-5250-5270).
19. Saturdays, Sundays, and holidays are excluded from the time limit on the 72 hour hold.
20. Psychiatrist must assess patient either face to face or synchronous interaction thru telehealth to determine appropriateness of the involuntary detention.
21. The 72 hour hold, under the LPS Act, begins at the time when the person is first detained.

5150: Definition

5150 is the California Welfare and Institution Code which legally authorize the involuntary detainment of an adult in an inpatient psychiatric hospital. Duration of the involuntary hold is 72 hours. Statute: LPS Act.

Warning!

Any person who intentionally violates the patient’s right to a hearing by writ of habeas corpus is guilty of a misdemeanor.