LPS Commitments

This handout outlines the methods of obtaining access to the courts for persons subject to mental health commitments under the Lanterman-Petris-Short (LPS) Act.

I. 72-Hour Hold (Welf. & Inst. Code [WIC] §§5150 et seq.):

A. Habeas Corpus -- there is no specific statutory right to a writ of habeas corpus for persons detained on 72-hour holds.

However, all persons retain their fundamental constitutional rights to petition the courts for a writ of habeas corpus. Calif. Const., art.1, §11; U.S. Const., art.1, §9, cl.2. And, any person committed to a state hospital has a statutory right to a writ of habeas corpus. WIC §7250. In addition, every person unlawfully imprisoned or restrained of his or her liberty under any pretense whatsoever may bring a writ of habeas corpus to challenge the legality of the detention. Penal Code §1473.

Note: The above writ provisions are applicable to all mental patients, regardless of the length of the...