In Greeley and the rest of Colorado, a person can be placed into a mental health hospital against their wishes in an M1 or Mental Health Hold. This happens when their mental state or behavior could place them or others in danger. Normally we see this occur when Greeley Police are called to an Assault or Harassment allegation, and one of the persons involved is acting strange. Criminal charges often accompany a Mental Hold or Civil Commitment. In their more advanced stages, an M1 mental health hold may result in an Insanity plea. The attorneys at the O’Malley Law Office want to help you better understand M1 Holds and how we can best serve you with our knowledge and understanding of this side of criminal law.
Mental Health Hold, C.R.S. 27-65-105, Colorado Legal Definition
A Mental Health Hold or M1 is defined in Colorado as:
When any person appears to have a mental health disorder and, as a result of such mental health disorder, appears to be an imminent danger to others or to himself or herself or appears to be gravely disabled, then an intervening professional, as specified in subsection (1)(a)(II) of this section, upon probable cause and with such assistance as may be required, may take the person into custody, or cause the person to be taken into custody, and placed in a facility designated or approved by the executive director for a seventy-two-hour treatment and evaluation. If such a facility is not available, the person may be taken to an emergency medical services facility.
When any person appears to have a mental health disorder and, as a result of such mental health disorder, is in need of immediate evaluation for treatment in order to prevent physical or psychiatric harm to others or to himself or herself, then an intervening professional, as specified in subsection (1)(a)(II) of this section, upon probable cause and with such assistance as may be required, may immediately transport the person to an outpatient mental health facility or other clinically appropriate facility designated or approved by the executive director. If such a facility is not available, the person may be taken to an emergency medical services facility. Colo. Rev. Stat. § 27-65-105 Emergency procedure.
Basically, if a person appears to be a danger to themselves or others, they can be placed in a designated mental health facility for 72 hours. The people who can start the process of a72 Hour Hold are a police officer, doctor or nurse, psychologist, therapist, or a social worker. And, yes, the process can be abused.
What Happens When a Person Is Placed on a 72 Hour Mental Health Hold in Weld County?
In Weld County, when a person is placed on a 72 Hour Mental Health Hold, they will be taken to an approved mental health treatment facility and admitted. While at the facility, they will receive treatment as three things are determined. First, mental health providers will determine if the 72-hour period of treatment is needed, and if not, then the person can be released. If treatment is needed, then second, it will be determined if after 72 hours, voluntary outside treatment can be offered after release. Lastly, it could be recommended that after the 72 hours, that the person being detained should be short-term commitment for further inpatient care.
Can I Get Someone Released from a Mental Health Hold in Weld County and Greeley?
Getting someone released from a Mental Health Hold in Weld County and Greeley is not an easy process by design. Please remember that the court process to challenge this type of a hold moves slowly. Within 72 hours, or three days, it is unlikely a judge will hear the case and make a decision to release the person being held for evaluation. This will certainly NOT occur, unless you or a family member have a mental health provider like a psychologist or psychiatrist, willing to testify that further commitment is not necessary. Judges are not doctors and it would be very risky to a judge’s career to release someone classified by doctors as presenting a risk to themselves or others. Once a family member tells police or the hospital they are concerned for someone’s mental health, the hospital will feel compelled to use the full 72 hours to evaluate the person. Otherwise, the hospital staff will worry they could be civilly liable should the person be released and harm themselves or another. The entire system is overshadowed by concern for people’s careers – from police officers, to doctors, to judges. No one wants to let someone out early and then regret the decision later. It is always “safer” to keep a person acting strange in the hospital.
How Can Top Greeley, Colorado Criminal Defense Attorneys Help in an Involuntary Civil Commitment?
Are you facing criminal charges involving an Involuntary Civil Commitment in Greeley, Colorado? Our top criminal defense attorneys understand that criminal charges which result in a Mental Health Hold are complicated and each case will need a skilled defense. The O’Malley Law Office attorneys have over 30 years of experience and want to help you navigate the Weld County Court system.