What happens after a 72 hour hold in Michigan?
Asked by: Kamren Von II | Last update: February 14, 2026Score: 4.9/5 (22 votes)
After a 72-hour hold in Michigan, the individual either gets discharged if stable, or a court hearing is scheduled within days to decide if continued involuntary treatment (up to 90 days) is necessary, with the patient having rights to an attorney and a trial by judge or jury, as the initial hold allows stabilization time for assessing ongoing threats.
What happens at the end of a 72 hour psych hold?
Once mental health professionals have finished evaluating the patient, they'll make a decision on whether the patient is free to go or if they must stay for further treatment.
How long can a mental hospital keep you in Michigan?
In Michigan, an involuntary mental health hospitalization starts with an initial court order for up to 60 days, with the possibility of extension through further court orders for up to 90 days, and then continuing orders up to one year, all dependent on court hearings determining the person still requires treatment as a "person requiring treatment". An initial order can also include up to 180 days of combined hospitalization and assisted outpatient treatment (AOT). The duration depends on court findings and patient progress, with the hospital able to release someone sooner, but court orders are required for longer stays.
What happens after a 3 day hold?
If held beyond 72 hours, the patient has the right to remain in the hospital for voluntary treatment. If the patient does not want to stay voluntarily, the facility must conduct a certification review hearing -- a "probable cause hearing" -- within four days of the end of the 72-hour hold.
How long can police hold you without charges in Michigan?
(3) An individual temporarily detained under subsection (1) shall not be detained longer than 72 hours, excluding Saturdays, Sundays, and legal holidays, without a court hearing to determine if the temporary detention should continue.
Involuntary mental health holds: What you need to know
What happens if you are not arraigned within 72 hours in Michigan?
In Michigan, arraignments must take place without unnecessary delay. If a person is not arraigned within a reasonable time, the case will be dismissed but it is subject to being reinstated at a later date.
What is the 7 day rule in Michigan court?
The Michigan "Seven-Day Rule," found in MCR 2.602(B)(3), allows a judge to sign a proposed order or judgment without a hearing if no written objections are filed within seven days of being served notice, provided the order matches the court's decision. This rule streamlines the entry of formal court orders, but if a party objects within that week, the court schedules a hearing to settle the order, often requiring a formal notice form (like FOC 54 in family cases).
How common are 72-hour holds?
However, despite their widespread use impacting an estimated one million individuals annually, there is limited empirical evidence supporting the 72-hour standard, and significant variability exists in how these holds are applied across jurisdictions (1,3).
What's the difference between 72-hour and 5150?
A “5150” is a 72-hour involuntary hold in a hospital or mental health facility. This 72-hour involuntary hold is also called a “5150” because it is authorized under Section 5150 of the Welfare and Institutions Code.
Can you refuse a 5150 hold?
You can't simply refuse a 5150 hold because it's an involuntary detention, but you have legal rights to challenge it, primarily by requesting a writ of habeas corpus to get a judge to review the detention and determine if you meet the criteria (danger to self/others or gravely disabled). While a writ can be requested, it's often more strategic to wait for the initial probable cause hearing after 72 hours to contest it, as the hold might expire, but you can still fight for release.
What is Kevin's law in Michigan?
Kevin's Law in Michigan is a 2004 Michigan law enabling court-ordered Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses who, due to impaired judgment, struggle to accept necessary care, allowing family/friends to petition for treatment to prevent crises and improve outcomes, with updates in 2017 and 2019 further defining criteria and procedures for mandatory community-based care, including medication management and case management, under judicial oversight.
What's the longest someone can stay in a mental hospital?
There's no single longest time you can stay in a mental hospital; it varies from a few days for crisis stabilization (often 72 hours to 2 weeks) to months or even years in severe, complex cases, depending on your condition, treatment progress, insurance, and the facility's long-term care options, with some long-term residential treatment lasting 90+ days or indefinitely for very severe chronic illnesses. Short stays focus on stabilization, while longer stays involve intensive therapy, but today's trend favors shorter stays followed by step-down care.
Can a person with mental illness go to jail?
People with mental illness are overrepresented in our nation's jails and prisons. About 2 million times each year, people with serious mental illness are booked into jails. Nearly 2 in 5 people who are incarcerated have a history of mental illness (37% in state and federal prisons and 44% held in local jails).
Are phones allowed in psych wards?
Most hospitals don't let you have your cell phone. However, there's usually community phones you can use to make phone calls. I would write numbers down prior to going in so you have their numbers.
What qualifies as a psychiatric emergency?
A psychiatric emergency is an acute, severe disturbance in a person's thoughts, mood, or behavior that creates an imminent risk of harm to themselves or others, requiring immediate intervention to ensure safety and stabilize the individual. Key indicators include suicidal or homicidal ideation, acute psychosis, severe panic attacks, inability to function, and substance-induced delirium, necessitating urgent assessment beyond routine mental health care.
Can you release yourself from a mental hospital?
As a voluntary patient, you have the right to request your release from the hospital. The hospital must inform you of your right to ask to be released from the hospital. To request your release from the hospital, you must write a three-day letter. If you ask, the hospital must provide you with help writing this letter.
Why would a hospital put someone on a 72-hour hold?
5150 is the number of the section of the Welfare and Institutions Code, which allows an adult who is experiencing a mental health crisis to be involuntarily detained for a 72- hour psychiatric hospitalization when evaluated to be a danger to others, or to himself or herself, or gravely disabled.
What does a 72-hour psych hold look like?
What Is a 72-Hour Hold Like? The majority of a 72-hour hold consists of monitoring and evaluation. This period is often known as a time for observation. The treatment team will thoroughly assess the patient to determine if they need more long-term involuntary services.
What happens after the 72 hours of a 5150 hold?
During the 72-hour hold period, the hospital or facility will assess the individual's need for further psychiatric care for their condition. If the person's condition improves, and they are no longer considered a threat to themselves/to others/unable to provide care for themselves, they are released.
How long do you stay in a mental health ward?
The length of time you could be detained for depends on the type of mental health condition you have and your personal circumstances at the time. You could be detained for: up to 28 days under Section 2 of the Mental Health Act. up to 6 months under Section 3 of the Mental Health Act, with further renewals.
How does a 5150 affect your life?
A 5150 hold in California means involuntary 72-hour psychiatric detention for mental health crises, impacting you by providing immediate stabilization, evaluation, and treatment in a hospital, but can also lead to losing firearm rights for 5 years (or indefinitely with multiple holds) and potentially affecting certain professional licenses, while ensuring rights like legal counsel and a HIPAA-protected medical record, acting as a temporary intervention to connect you to ongoing care.
How long do mental hospitals keep suicidal patients?
If your mental health condition has become serious or unmanageable, your hospital stays may tend to last a little longer. One study found that the average stay for patients with severe mental illness lasts around 10 days, especially at hospitals that treat higher volumes of severe cases.
How long can you be held in jail before seeing a judge in Michigan?
If the defendant remains in custody and the prosecutor has not filed a motion for pretrial detention, the first appearance shall occur within 48 hours of a defendant's commitment to the county jail, and shall be before a judge with authority to set conditions of release for the offenses charged.; Except as otherwise ...
Why is moving out the biggest mistake in a divorce?
Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.
What happens if you are not arraigned within 72 hours?
Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you. Failure to do that is a violation of your rights.