72-Hour Limit and Your Rights

In Colorado, a certified peace officer or an intervening professional can place a person on an emergency mental health hold when there is probable cause that the person has a mental health disorder and is an imminent danger to self or others, or is gravely disabled. The hold cannot last longer than 72 hours after it is placed or ordered. Within that window, the facility must decide whether to release the person, refer them to voluntary care, or begin a longer certification. This guide explains what to ask for and which rights apply at each step.

It is one of the states covered in our guide to involuntary psychiatric holds by state. If anyone is in immediate danger right now, call 911. For emotional crisis support, call or text 988.

How Colorado’s 72-hour hold works in practice

A Colorado emergency mental health hold is a legal status, set out in C.R.S. section 27-65-106, that allows a facility to keep a person for evaluation for up to 72 hours when the person appears to meet the statute’s criteria. It is an evaluation period, not a finding that the person has any particular diagnosis, and it can end sooner if the person in charge decides the person can be cared for without detention. The state’s Behavioral Health Administration page on involuntary mental health treatment lists this section under the title “Emergency Mental Health Hold – Screening – Court-ordered Evaluation – Discharge Instructions – Respondent’s Rights.”

Many Coloradans still call this an “M-1 hold,” the name that stuck from an older form. The statute itself uses the term emergency mental health hold, and the legislature’s summary of House Bill 22-1256 describes the current process as a 72-hour treatment and evaluation. When you talk with staff, either phrase will be understood, but “emergency mental health hold” is the one that appears in the paperwork.

Who can start a hold

There are three routes into a hold, and knowing which one applies helps you ask the right questions.

Peace officer: A certified peace officer with probable cause can take the person into protective custody and transport them to a designated facility, or to an emergency medical services facility if none is available.

Intervening professional: A qualified professional who reasonably believes the person meets the criteria can cause protective custody and transport. Only a professional person can start a certification for longer treatment.

Court petition: A person can ask the court in the county where the person lives or is physically present to order an evaluation. The statute makes a malicious or false petition subject to criminal prosecution, so a petition should rest on what you have personally seen.

What evaluators weigh

The statute does not ask whether someone is “acting strangely” or has refused help. It names specific criteria, and each one is something the evaluator should be able to describe in plain words.

Mental health disorder: The evaluator must have probable cause that the person has a mental health disorder, not simply that the person is upset or intoxicated.

Imminent danger to self or others: The risk has to be near-term, which is why the hold is measured in hours and not weeks.

Grave disability: This is the third criterion in the statute, and it is the one families most often ask about, so ask the evaluator which of the three they believe applies and what they observed.

The paperwork you can ask about

A hold does not run on a verbal decision alone. The facility must receive a written application, in a form approved by the Behavioral Health Administration, that states the facts supporting the hold, when the person was taken into custody, and who raised the concern. A copy goes to the person.

Do this today: If you are the person on the hold, ask staff for your copy of the written application and read the facts listed. If you are a family member, ask whether the application is in the chart and whether the facts match what you witnessed. Mistakes in dates or descriptions are worth raising with the treatment team and, if needed, an attorney.

Rights during the hold

The statute lists rights that facility staff must explain. A person on an emergency mental health hold has these rights, which can be limited only if exercising them would destabilize the person or create danger, as decided by a licensed provider and documented in the record:

Notice: The person must be told why they are being held, what the limits of the hold are, and that they can refuse medication unless emergency medication is needed.

Voluntary status: The person can ask to be treated voluntarily instead.

An attorney: The person can retain and consult an attorney at any time. The facility is generally not required to provide one, but it must allow the person to make contact.

Phone access: The person must have reasonable access to a phone or other device and can make and receive private calls, and mail and communications cannot be censored.

A patient representative: The person can ask for one, and the representative must be available within 24 hours.

Basic needs: This covers personal clothing and possessions, privacy, visitors, religious practice, and food and water.

If a right is being denied, the person, an attorney or a designated contact can ask to see the documented reason. Complaints can go to the Behavioral Health Administration and the Colorado Department of Public Health and Environment.

What families can do in the first 24 hours

Families often find out about a hold by phone, sometimes hours after it began. Privacy rules limit what staff can share, but they do not stop you from giving information. These steps tend to help the evaluation and keep you informed.

Call the facility and ask three questions: Is my family member on an emergency mental health hold, what time did it start, and who is the contact for the treatment team?

Give the team what only you know: Share a short written list of current medications, recent changes, prior treatment, and what you saw in the days before the hold. Ask that it be added to the chart.

Ask about voluntary care: The law directs staff to pursue voluntary treatment where possible. Ask whether the person is willing and whether voluntary admission is being offered.

Write down the clock: Note the start time and add 72 hours. That is the outer limit unless a lawful exception applies, so you know when a decision is due.

If your family member is also dealing with alcohol or drug use, say so early. Substance use affects evaluation and discharge planning, and our guide to voluntary mental health admission explains how that option differs from a hold.

What happens when the 72 hours end

At the end of the evaluation the facility must state whether the person should be released, referred for voluntary care, or certified for short-term treatment. A certification is a separate legal step with its own rules, so ask the team in writing which path they are taking and what the next deadline is.

If the person is released, the facility must complete discharge instructions before they leave, whatever the discharge status. The statute lists what these should cover, including why the person was held and why they no longer meet the criteria, a safety plan, any medication supply when medications were changed or newly prescribed, and the Colorado crisis services number. The facility must also attempt to follow up at least 48 hours after discharge.

Do this before leaving: Ask for the discharge instructions in writing and check that they include a safety plan and a follow-up contact. If the person refuses the instructions, ask staff to document the refusal. Then save a phone photo of the pages for the next appointment.

Common concerns after a hold

Two questions come up most: whether a hold affects gun rights, and what it means for the future. Federal firearm rules turn on specific legal findings, which are not the same as a short evaluation hold, and we explain the difference in our post on psychiatric holds and gun rights under federal law. For what usually follows a short hold in another state, see our walkthrough of what happens after a 5150 hold. A Colorado attorney can speak to your specific situation.

How Colorado compares with other states

Hold lengths and rules vary widely. Massachusetts caps a Section 12 hold at 3 days, as our Massachusetts Section 12 guide explains. Pennsylvania uses a different process, covered in our PA 302 timeline and rights guide. Virginia separates emergency custody from temporary detention, which we describe in our Virginia ECO and TDO timeline.

If this is a crisis right now

If someone is in immediate danger, call 911 or go to the nearest emergency room. The 988 Suicide and Crisis Lifeline is free, confidential and available by call, text or chat at any time, and you can call or text 988 for yourself or for someone you are worried about. The SAMHSA 988 page and the NIMH guide to finding help explain crisis and treatment options. Our guide to when to go to the ER for a mental health crisis covers what to expect there. The Treatment Specialist is not an emergency service.

Getting Help

A hold is meant to be short. What happens in the days afterward often decides whether the person gets steady care. If you want to talk through treatment options for yourself or someone you love, call us at 866-644-7911.

You can also reach SAMHSA’s National Helpline at 1-800-662-4357, a free, confidential treatment referral and information service available 24 hours a day, 365 days a year, in English and Spanish. To speak with our team about programs that treat mental health and substance use together, call 866-644-7911.

This article is for educational purposes only and is not legal or medical advice, and it is not a substitute for professional diagnosis or treatment. Laws change, so check current Colorado statutes or speak with a Colorado attorney and a qualified health care provider about your specific situation.