California’s Mental Health Crisis: Rise in Unenforced Psychiatric Holds Raises Concerns
A growing trend across California, particularly in Sonoma County, is raising alarm among mental health advocates: law enforcement agencies are increasingly hesitant to enforce involuntary psychiatric holds – known as 5150 holds – even when mental health professionals deem them necessary. This shift, driven by legal concerns and a desire to avoid potential liability, is leaving vulnerable individuals without immediate care and prompting questions about the future of mental health crisis response.
The Dilemma of Unenforced Holds
Between December 1, 2024, and January 23, 2026, officers in Santa Rosa and Sonoma County’s unincorporated areas refused to carry out 62 5150 holds recommended by mental health crisis responders, according to reports. This represents a significant change in approach, fueled by interpretations of recent court rulings and a heightened awareness of potential legal repercussions.
The case of Barbara and Denny Bozman-Moss exemplifies this challenge. For weeks, they sought aid for their 37-year-old son, who has schizoaffective disorder, as his condition deteriorated. Despite repeated calls to 911 and assessments by mental health professionals deeming him eligible for a psychiatric hold, police officers repeatedly left without taking him into custody, citing legal concerns. As reported by The Press Democrat, it wasn’t until their son became physically aggressive that police intervened and arrested him.
The Impact of Scott v. Smith
A July 2024 ruling in the 9th U.S. Circuit Court of Appeals case, Scott v. Smith, has been repeatedly cited as a contributing factor to this shift. The case involved a man who called police for help while experiencing a mental health crisis, and who subsequently died after a struggle with officers. While the ruling itself wasn’t particularly unusual, it prompted some law enforcement agencies to re-evaluate their response protocols and consider potential liability risks.
Some sheriffs, including those in Del Norte, Sacramento, and Orange counties, have announced they may no longer respond to mental health calls alone, while others will only respond if a crime is in progress or there is an immediate threat to public safety.
Local Response and Resources in Sonoma County
Sonoma County has been proactive in developing alternative response models. The county utilizes several teams to respond to mental health crises:
- Mobile Support Team (MST): Provides 24/7 crisis response in the unincorporated area. Can be reached at 800-746-8181.
- inRESPONSE: Operates within Santa Rosa city limits, reachable at 707-575-HELP (4357).
- SAFE Team: Serves Cotati, Rohnert Park, and Petaluma, available 24/7 at 707-792-4611 (Cotati/SSU), 707-584-2612 (Rohnert Park), and 707-781-1234 (Petaluma).
Despite these resources, the increasing number of unenforced holds remains a significant concern. Michelle Doty Cabrera, executive director of the County Behavioral Health Directors Association of California, stated that her members are reporting a growing number of cases where law enforcement agencies are backing away from enforcing 5150 holds.
The Require for a Comprehensive Approach
The situation highlights the need for a more comprehensive and collaborative approach to mental health crisis response, involving mental health professionals, law enforcement, and community resources. Experts emphasize the importance of continued training for law enforcement officers, clear guidelines on when and how to enforce 5150 holds, and increased investment in mental health services. The goal is to ensure that individuals in crisis receive the care they need while also protecting the rights and safety of all involved.
Resources
- 911: For medical emergencies or imminent danger.
- 988: Connect with a trained crisis counselor.
- National Alliance on Mental Illness (NAMI) Sonoma County: 866-966-6264 or info@namisoco.org