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DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES 5000-5952›PART 1. THE LANTERMAN-PETRIS-SHORT ACT 5000-5556›CHAPTER 2. Involuntary Treatment 5150-5349.5›ARTICLE 1.5. Detention of Inebriates for Evaluation and Treatment 5170-5176

§ 5173

California Welfare and Institutions Code · 2020-11 edition · updated 2026-10-04 · California

(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.

(Amended by Stats. 1985, Ch. 1288, Sec. 6. Effective September 30, 1985.)

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California Welfare and Institutions Code

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