Can a 5150 Hold Trigger a Violation of Probation or Parole?

At Lessem, Newstat & Tooson, LLP, we often hear from clients concerned about how a 5150 hold might affect their probation or parole status. A frequent question is: Can a 5150 hold trigger a violation of probation or parole? This post provides an authoritative guide to understanding the intersection of a 5150 hold with probation or parole and offers steps to protect your legal rights.

Probation and Parole: A Brief Overview

To assess the impact of a 5150 hold, it’s helpful to clarify probation and parole:

• Probation: A court-ordered period where an individual must follow specific conditions (e.g., regular check-ins, drug testing, or avoiding new arrests) instead of serving jail or prison time.
• Parole: Supervised release after serving part of a prison sentence, with conditions similar to probation, such as reporting to a parole officer or adhering to behavioral restrictions.

Violations occur when these conditions are not met, potentially leading to penalties like jail time, extended supervision, or, for parolees, reincarceration.

Can a 5150 Hold Violate Probation or Parole?

The short answer is: It depends on the circumstances and the terms of your probation or parole. A 5150 hold is a civil mental health intervention, not a criminal act, so it does not automatically constitute a violation.

However, certain factors could raise concerns:

• Behavior Leading to the 5150 Hold: The conduct that prompted the 5150 hold may violate your supervision terms. For example:
  • Substance use: If your probation or parole prohibits drug or alcohol use, and the hold stemmed from substance-related behavior (e.g., intoxication leading to suicidal statements), this could be considered a violation.
  • Threatening actions: If the hold resulted from threats of violence, this might breach conditions prohibiting aggressive or unlawful conduct.
  • Non-compliance with reporting: If the hold prevents you from attending required meetings with your probation or parole officer, this could be flagged as a violation, especially if you don’t promptly notify your officer.
• Specific Supervision Conditions: Probation and parole terms vary. Some include conditions requiring mental health treatment compliance or prohibiting behaviors linked to mental health crises. If a 5150 hold suggests non-compliance (e.g., failure to take prescribed medication), it could be interpreted as a violation.
• Law Enforcement Involvement: If police initiated the 5150 hold, their report might draw scrutiny from your probation or parole officer. For instance, a public disturbance leading to the hold, even without criminal charges, could prompt an investigation into whether you breached your terms.
• Officer Discretion: Probation and parole officers have significant discretion in assessing violations. A 5150 hold might lead to closer monitoring if it suggests instability that could affect future compliance. Conversely, officers may view the hold as a step toward treatment, potentially mitigating concerns.

Mitigating the Risk of a Violation

If you’re placed on a 5150 hold while on probation or parole, proactive steps can help reduce the risk of a violation:

1. Notify Your Officer Promptly: As soon as possible, inform your probation or parole officer about the hold and provide documentation from the treating facility. Transparency shows your commitment to compliance.
2. Document Treatment Efforts: If the hold leads to a mental health treatment plan, follow it diligently and keep records. Demonstrating proactive care can strengthen your case if a violation is alleged.
3. Seek Legal Counsel: An experienced criminal defense attorney can advocate for you, communicate with your officer, and argue that the 5150 hold should not be treated as a violation. They can also represent you at a violation hearing if necessary.
4. Know Your Rights: During a 5150 hold, you have protections, including the right to a hearing if the hold extends beyond 72 hours. Understanding these rights can help you navigate both the mental health and legal systems.

How Lessem, Newstat & Tooson, LLP Can Help

At Lessem, Newstat & Tooson, LLP, we recognize the challenges of managing a mental health crisis while under probation or parole supervision. Our skilled attorneys are committed to safeguarding your rights and ensuring a 5150 hold does not unfairly jeopardize your freedom.

We can:

• Analyze your probation or parole terms to evaluate violation risks.
• Liaise with your probation or parole officer to clarify the hold’s circumstances.
• Represent you at violation hearings to build a robust defense.
• Advocate for mental health treatment as a constructive step rather than a violation.

A 5150 hold does not inherently trigger a probation or parole violation, but the surrounding circumstances—such as the behavior leading to the hold or your supervision terms—could create risks. By acting proactively through legal representation, you can minimize potential consequences.

If you’re dealing with a 5150 hold or are concerned about its impact on your probation or parole, contact Lessem, Newstat & Tooson, LLP today. Our team offers compassionate, expert guidance to protect your rights and support your path forward. Call us at (888) 643-2943 or contact us online to schedule a consultation.