Learn more about mental health hold, M1 law, and involuntary mental hospitalizations in Greeley and Weld County.

Lawyer for Emergency Mental Health Hold, M1 Law, Involuntary Mental Hospitalization in Weld County

Colorado’s mental health law procedures include an Emergency Mental Health Hold, or commitment, known as an M1.  M-1 is actually the name of a form authored by the Colorado Department of Behavioral Health, which mental health providers use to see if someone’s mindset or behavior is so dangerous to themselves or others, that they should be placed in a mental health hospital against their will. While some people call this process an Emergency Mental Health Hold, others call it an M-1 or M1.  Police officers, therapists, doctors, social workers and counselors can all sign-off on a Mental Health hold, and put you and I in custody against our wishes.  In many cases, the situation is related to an alleged criminal act.  Let’s study this process and how it impacts criminal cases which involve mental health.

M1 Emergency Mental Health Holds Under C.R.S. 27-65-105; Emergency Procedures in Greeley

Colorado’s 72 Hour Emergency Mental Health Hold rules in Greeley are laid out Under C.R.S. 27-65-105. Here, you can learn the standards for determining whether someone is a danger to themselves or others, and who’s opinion of their mental health matters.  Typically, police will receive a call from a doctor, therapist or family member, regarding someone’s abnormal behavior.  When officers appear at the scene or at a person’s home to conduct a “welfare check,” they will make an initial assessment of the person’s mental health. They will consider the report of the person who called them, family members, roommates, mental health providers and neighbors.  Based on their impressions of these reports and their own observations, they will see if the person falls under the law’s scope.

C.R.S. 27-65-105 Law in Weld County, Colorado – 72 Hour Emergency Mental Health Holds

Colorado’s C.R.S. 27-65-105 provides two main reasons for use of Weld County’s 72 Hour Emergency Mental Health Holds under state law:

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.

OR,

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.

Normal Process for a Mental Health Hold in Greeley, Colorado

Normally, following a report of someone who appears to be acting as if they have a mental health issue, or who have committed a crime, Greeley police will meet with the person and if they agree the person needs mental health treatment for their own welfare or the welfare of others, they will take the person to a local hospital emergency room to be evaluated by a psychologist or medical doctor.  In conjunction with this professional, officers will then take the individual to a lock-down mental health hospital for up to 72 hours to be evaluated and stabilized.  During this 72 hours, the person’s family, doctors, and counselors will all be contacted as part of a comprehensive review. The practical goal in most cases is the save money and get the mentally concerning party out of the hospital as soon as possible. If this is not possible, stage 2 will be to go to a court and file for up to a three month short-term treatment, under C.R.S. 27-65-107.  In a large number of cases, police are involved upon the report of a crime by the mentally unstable person. Upon discharge of the person from the hospital, police will take them to the Weld County Jail.

Whether police arrive out of genuine concern for the safety of an individual or based on the report of a crime by someone acting unstable, what they say can and will be used against them in a court of law.

It is always best to remain silent and call our criminal defense lawyers at 970-616-6009. 

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