SECTIONS 5170-5176 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5170-5176

5170. When any person is a danger to others, or to himself, or
gravely disabled as a result of inebriation, a peace officer, member
of the attending staff, as defined by regulation, of an evaluation
facility designated by the county, or other person designated by the
county may, upon reasonable cause, take, or cause to be taken, the
person into civil protective custody and place him in a facility
designated by the county and approved by the State Department of
Alcohol and Drug Abuse as a facility for 72-hour treatment and
evaluation of inebriates.

5170.1. A 72-hour treatment and evaluation facility shall include
one or more of the following:
(1) A screening, evaluation, and referral facility which may be
accomplished by a mobile crisis unit, first aid station or ambulatory
detoxification unit;
(2) A detoxification facility for alcoholic and acutely
intoxicated persons.
(3) An alcohol recovery house.

5170.3. Such evaluation facility shall require an application in
writing stating the circumstances under which the person's condition
was called to the attention of the officer, member of the attending
staff, or other designated person, and stating that the officer,
member of the attending staff, or other designated person believes as
a result of his personal observations that the person is, as a
result of inebriation, a danger to others, or to himself, or gravely
disabled or has violated subdivision (f) of Section 647 of the Penal
Code.

5170.5. Any person placed in an evaluation facility has,
immediately after he is taken to an evaluation facility and except
where physically impossible, no later than three hours after he is
placed in such facility or taken to such unit, the right to make, at
his own expense, at least two completed telephone calls. If the
person placed in the evaluation facility does not have money upon him
with which to make such calls, he shall be allowed free at least two
completed local toll free or collect telephone calls.

5170.7. A person who requests to be released from the facility
before 72 hours have elapsed shall be released only if the
psychiatrist directly responsible for the person's treatment
believes, as a result of his or her personal observations, that the
person is not a danger to others, or to himself or herself. If any
other professional person who is authorized to release the person,
believes the person should be released before 72 hours have elapsed,
and the psychiatrist directly responsible for the person's treatment
objects, the matter shall be referred to the medical director of the
facility for the final decision. However, if the medical director is
not a psychiatrist, he or she shall appoint a designee who is a
psychiatrist. If the matter is referred, the person shall be released
before 72 hours have elapsed only if the psychiatrist making the
final decision believes, as a result of his or her personal
observations, that the person is not a danger to others, or to
himself or herself.

5171. If the facility for 72-hour treatment and evaluation of
inebriates admits the person, it may detain him for evaluation and
detoxification treatment, and such other treatment as may be
indicated, for a period not to exceed 72 hours. Saturdays, Sundays
and holidays shall be included for the purpose of calculating the
72-hour period. However, a person may voluntarily remain in such
facility for more than 72 hours if the professional person in charge
of the facility determines the person is in need of and may benefit
from further treatment and care, provided any person who is taken or
caused to be taken to the facility shall have priority for available
treatment and care over a person who has voluntarily remained in a
facility for more than 72 hours.
If in the judgment of the professional person in charge of the
facility providing evaluation and treatment, the person can be
properly served without being detained, he shall be provided
evaluation, detoxification treatment or other treatment, crisis
intervention, or other inpatient or outpatient services on a
voluntary basis.

5172. Each person admitted to a facility for 72-hour treatment and
evaluation under the provisions of this article shall receive an
evaluation as soon after he or she is admitted as possible and shall
receive whatever treatment and care his or her condition requires for
the full period that he or she is held. The person shall be released
before 72 hours have elapsed only if, the psychiatrist directly
responsible for the person's treatment believes, as a result of his
or her personal observations, that the person no longer requires
evaluation or treatment. If any other professional person who is
authorized to release the person, believes the person should be
released before 72 hours have elapsed, and the psychiatrist directly
responsible for the person's treatment objects, the matter shall be
referred to the medical director of the facility for the final
decision. However, if the medical director is not a psychiatrist, he
or she shall appoint a designee who is a psychiatrist. If the matter
is referred, the person shall be released before 72 hours have
elapsed only if the psychiatrist making the final decision believes,
as a result of his or her personal observations, that the person no
longer requires evaluation or treatment.
Persons who have been detained for evaluation and treatment shall
be released, referred for further care and treatment on a voluntary
basis, or, if the person, as a result of impairment by chronic
alcoholism, is a danger to others or to himself or herself, or
gravely disabled, he or she may be certified for intensive treatment,
or a conservator or temporary conservator shall be appointed for him
or her pursuant to this part as required.

5172.1. Any person who is a danger to others, or to himself, or
gravely disabled as a result of inebriation, may voluntarily apply
for admission to a 72-hour evaluation and detoxification treatment
facility for inebriates.

5173. (a) Notwithstanding Section 5113, if the provisions of
Section 5170.7 or 5172 have been met, the professional person in
charge of the facility providing 72-hour treatment and evaluation,
the medical director of the facility or his or her designee described
in Sections 5170.7 and 5172, and the psychiatrist directly
responsible for the person's treatment shall not be held civilly or
criminally liable for any action by a person released before the end
of 72 hours pursuant to this article.
(b) The professional person in charge of the facility providing
72-hour treatment and evaluation, the medical director of the
facility or his or her designee described in Sections 5170.7 and
5172, and the psychiatrist directly responsible for the person's
treatment shall not be held civilly or criminally liable for any
action by a person released at the end of the 72 hours pursuant to
this article.
(c) The peace officer responsible for the detainment of the person
shall not be civilly or criminally liable for any action by a person
released at or before the end of the 72 hours pursuant to this
article.

5174. It is the intent of the Legislature (a) that facilities for
72-hour treatment and evaluation of inebriates be subject to state
funding under Part 2 (commencing with Section 5600) of this division
only if they provide screening, evaluation and referral services and
have available medical services in the facility or by referral
agreement with an appropriate medical facility, and would normally be
considered an integral part of a community health program; (b) that
state reimbursement under Part 2 (commencing with Section 5600) for
such 72-hour facilities and intensive treatment facilities, under
this article shall not be included as priority funding as are
reimbursements for other county expenditures under this part for
involuntary treatment services, but may be provided on the basis of
new and expanded services if funds for new and expanded services are
available; that while facilities receiving funds from other sources
may, if eligible for funding under this division, be designated as
72-hour facilities, or intensive treatment facilities for the
purposes of this article, funding of such facilities under this
division shall not be substituted for such previous funding.
No 72-hour facility, or intensive treatment facility for the
purposes of this article shall be eligible for funding under Part 2
(commencing with Section 5600) of this division until approved by the
Director of Alcohol and Drug Abuse in accordance with standards
established by the State Department of Alcohol and Drug Abuse in
regulations adopted pursuant to this part. To the maximum extent
possible, each county shall utilize services provided for inebriates
and persons impaired by chronic alcoholism by federal and other funds
presently used for such services, including federal and other funds
made available to the State Department of Rehabilitation and the
State Department of Alcohol and Drug Abuse. McAteer funds shall not
be utilized for the purposes of the 72-hour involuntary holding
program as outlined in this chapter.

5175. Nothing in this article shall be construed to prevent a
facility designated as a facility for 72-hour evaluation and
treatment of inebriates from also being designated as a facility for
72-hour evaluation and treatment of other persons subject to this
part, including persons impaired by chronic alcoholism.

5176. This article shall apply only to those counties wherein the
board of supervisors has adopted a resolution stating that suitable
facilities exist within the county for the care and treatment of
inebriates and persons impaired by chronic alcoholism, designating
the facilities to be used as facilities for 72-hour treatment and
evaluation of inebriates and for the extensive treatment of persons
impaired by chronic alcoholism, and otherwise adopting the provisions
of this article.
Each county Short-Doyle plan for a county to which this article is
made applicable shall designate the specific facility or facilities
for 72-hour evaluation and detoxification treatment of inebriates and
for intensive treatment of persons impaired by chronic alcoholism
and for the treatment of such persons on a voluntary basis under this
article, and shall specify the maximum number of patients that can
be served at any one time by each such facility.