Every state has its own version of Florida’s Baker Act, but the names and rules change at the state line. California calls it the Lanterman-Petris-Short Act, Pennsylvania uses “Section 302,” Washington has the Involuntary Treatment Act, and Georgia refers to the “1013 form.” The purpose is the same everywhere: temporary detention of a person in a mental health crisis who is a danger to themselves or others so they can be examined and stabilized. What differs is how long the hold can last, who is allowed to start it, and how the “gravely disabled” standard is written.
What Each State Calls Its Version
California
California’s law is the Lanterman-Petris-Short (LPS) Act. The number people use, “5150,” refers to California Welfare and Institutions Code Section 5150, which lets a peace officer, designated mental health professional, or crisis team member place a person in custody for up to 72 hours when they are a danger to others, a danger to themselves, or gravely disabled because of a mental health disorder.1California Legislative Information. California Welfare and Institutions Code WIC 5150 The 72 hours run from the moment of detention, not from arrival at a facility.
New York
New York’s closest equivalent is Mental Hygiene Law Section 9.39, which authorizes emergency admission to an approved hospital for up to 15 days when someone is believed to have a mental illness likely to cause serious harm. A staff physician examines the person on admission, and a second psychiatrist must confirm the finding within 48 hours or the person must be released.2New York State Senate. New York Mental Hygiene Law 9.39 – Emergency Admissions for Immediate Observation, Care, and Treatment Fifteen days is one of the longest emergency windows in the country. Kendra’s Law is a separate tool for court-ordered outpatient treatment, not an emergency hold.3Office of Mental Health. Assisted Outpatient Treatment
Texas
Texas uses “emergency detention” under Chapter 573 of the Health and Safety Code for the initial hold, which lasts up to 48 hours. Longer treatment falls under Chapter 574, “court-ordered mental health services,” which requires a judge and allows inpatient or outpatient orders.4State of Texas. Texas Health and Safety Code Section 574.061 – Modification of Order for Inpatient Treatment
Pennsylvania
The governing law is the Mental Health Procedures Act of 1976, and Section 302 is the provision most people reference. It authorizes involuntary emergency examination and treatment for up to 120 hours. Continued treatment past that window requires a separate certification under Section 303.5Pennsylvania Legislature. Act of Jul. 9, 1976, P.L. 817, No. 143 Cl. 50 – Mental Health Procedures Act
Ohio
Ohio Revised Code Chapter 5122 covers involuntary hospitalization. The initial emergency hold lasts up to 96 hours, and a court hearing is required after that to justify continued involuntary treatment.6Ohio Legislative Service Commission. Ohio Revised Code 5122.05 – Involuntary Admission
Washington
Washington’s framework is the Involuntary Treatment Act (ITA), codified mainly at RCW 71.05. Mental health emergency holds run 72 hours. In 2018, Ricky’s Law extended the ITA to substance use disorders, allowing designated crisis responders to detain someone at a secure withdrawal management facility for up to 120 hours when drug or alcohol use makes them gravely disabled or a danger.7Washington State Health Care Authority. Ricky’s Law: Involuntary Treatment Act
Massachusetts
Massachusetts splits mental health and substance use into two sections of Chapter 123. Section 12 covers emergency restraint and hospitalization for mental illness, with an initial hold of up to 72 hours.8General Court of Massachusetts. Massachusetts General Laws Chapter 123, Section 12 – Emergency Restraint and Hospitalization of Persons Posing Risk of Serious Harm by Reason of Mental Illness Section 35 handles involuntary commitment for alcohol or substance use. A police officer, physician, spouse, blood relative, guardian, or court official can petition a district court, and a commitment order can run up to 90 days.9General Court of Massachusetts. Massachusetts General Laws Part I, Title XVII, Chapter 123, Section 35
Georgia
Georgia starts the process with a “1013 form,” a physician’s certificate under O.C.G.A. Section 37-3-41. A physician who has examined the person within the previous 48 hours and believes involuntary treatment is needed executes the certificate. A peace officer then has 72 hours to take the person to the nearest emergency receiving facility, where the evaluation period can last up to 48 hours.10Justia Law. Georgia Code 37-3-41 – Emergency Admission
North Carolina
North Carolina uses Chapter 122C of its General Statutes, the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985. The law puts mental illness, developmental disabilities, and substance use under one framework.11Justia Law. North Carolina General Statutes Chapter 122C – Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 The initial emergency hold runs up to 24 hours before court involvement is required.
How Long the Emergency Hold Lasts
Seventy-two hours is the most common length, used by roughly 22 states including California, Florida, and Washington. The full range is wider than most people expect. North Dakota allows only 23 hours. Alabama and New Mexico allow up to seven days. New Hampshire and Rhode Island go up to ten. New York’s 15-day emergency admission window is near the top.
- 24 hours: Arizona, Illinois, Michigan, North Carolina
- 48 hours: Georgia, Texas
- 72 hours: California, Florida, Massachusetts (Section 12); New York requires initial physician confirmation within 48 hours but the hold can extend up to 15 days
- 96 hours: Ohio
- 120 hours: Pennsylvania, Washington (substance use holds under Ricky’s Law)
These are the maximums before the facility must release the person, obtain their voluntary agreement to stay, or seek a court order for longer commitment. Weekends and holidays are excluded from the count in many states, so a “72-hour hold” can stretch to four or five calendar days.
Who Can Start the Process
Law enforcement officers have clear authority to initiate a hold in roughly 38 states. Physicians and licensed mental health professionals can do so in nearly every state. Family members have a harder path. About 24 states let a relative petition for an involuntary hold, and 21 allow “any interested person” to file. In practice, that means submitting a written petition or affidavit to a court or designated agency describing recent behavior and why the person meets the legal criteria. The petition itself does not cause a detention; a physician or mental health professional still has to examine the person and confirm the need for a hold.
Where family members cannot petition directly, the usual route is calling 911 or a local crisis line so law enforcement or a mobile crisis team can evaluate the situation and initiate a hold if warranted.
The Shared Criteria
The name changes at the state line. The legal test does not, at least not much. Almost every state requires at least one of three findings before someone can be held against their will:
- Danger to self, shown by a recent attempt or threat of suicide, self-harm, or behavior demonstrating substantial risk of physical harm.
- Danger to others, shown by violent behavior or credible threats putting people in reasonable fear of serious physical harm.
- Grave disability, meaning the person cannot meet their own basic needs for food, clothing, shelter, or medical care because of a mental health disorder, and is at serious risk as a result.
The “gravely disabled” prong is where states diverge most. Some require evidence of imminent physical danger. Others read the standard more broadly to include a pattern of deterioration. That wording matters when a family is trying to get help for someone who is clearly struggling but not actively threatening anyone.
Rights During an Involuntary Hold
An involuntary hold does not strip a person of their legal rights. In general, people held involuntarily keep the right to treatment in the least restrictive setting appropriate for their condition, the right to be told in writing why they are being held and what their options are, and the right to communicate with people outside the facility.
Two rights are worth flagging because families often do not know about them. First, anyone facing involuntary commitment is generally entitled to legal representation, appointed if they cannot afford one, and the attorney’s role is to advocate for the client’s expressed wishes rather than for what others believe is in the client’s best interest. Second, most jurisdictions do not permit forced medication in non-emergency situations unless a court has separately found that the person lacks capacity to make treatment decisions. Rapid deterioration or immediate danger inside the facility is the exception.
What Happens When the Hold Expires
An emergency hold is temporary by design. When it ends, one of three things happens: the person is released, they agree to stay voluntarily, or the facility petitions a court for longer involuntary commitment.
The extended commitment path is more involved. A formal petition is filed, and the person is entitled to a hearing before a judge. The legal standard in most states is “clear and convincing evidence,” which is higher than the probable cause or reasonable belief standard used for the emergency hold. The court must find that the person still meets the commitment criteria and that no less restrictive option will work. In many states, the first commitment period cannot exceed six months, and any renewal requires another hearing.
Federal Firearm Consequences
One consequence catches many people off guard. Under 18 U.S.C. Section 922(g)(4), anyone who has been “committed to a mental institution” is permanently barred from possessing, purchasing, or transporting firearms or ammunition.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
How federal law defines “committed” is the important part. Under 27 C.F.R. Section 478.11, the term means a formal commitment by a court, board, commission, or other lawful authority and specifically includes involuntary commitment. It does not include someone admitted for observation or someone who voluntarily admitted themselves.13eCFR. 27 CFR 478.11 – Meaning of Terms A short-term emergency hold for evaluation may not qualify as a “formal commitment” under federal law, while a court-ordered involuntary commitment almost certainly does. The line depends on the specific procedures each state uses, and anyone concerned about firearm rights after a psychiatric hold should consult an attorney familiar with both state commitment law and federal firearms law. Some states have their own procedures for restoring firearm rights after a commitment, and their availability and requirements vary.