In California, the Lanterman-Petris-Short (LPS) Act governs involuntary psychiatric holds under Welfare and Institutions Code sections 5150 and 5250. A 5150 hold allows for a 72-hour detention for individuals deemed a danger to themselves or others, or gravely disabled due to a mental health condition. A 5250 hold extends this detention up to 14 days for further treatment. While these holds aim to protect individuals and the public, reintegrating into society after release presents significant legal and social challenges that can increase the risk of recidivism, returning to crisis or detention.
At Lessem, Newstat & Tooson, LLP, we understand these complexities and advocate for strategies to support successful reintegration and break the cycle of recidivism.
Understanding the Legal and Social Barriers
1. Criminal Records and Collateral Consequences
Individuals released from 5150 or 5250 holds may face legal entanglements, particularly if their detention involved law enforcement or resulted in criminal charges. For example, behaviors leading to a 5150 hold, such as public disturbances or threats, may trigger arrests or citations, even if no formal charges are filed. These encounters can create a criminal record, which poses barriers to employment, housing, and education. Employers and landlords often conduct background checks, and even minor records can lead to rejection, exacerbating financial instability and increasing the likelihood of mental health crises.
2. Stigma and Social Isolation
The stigma surrounding mental health treatment, especially involuntary holds, can isolate individuals from their communities. Family members, employers, or peers may misunderstand the nature of a 5150 or 5250 hold, viewing it as evidence of instability rather than a step toward treatment. This stigma can hinder access to social support networks, which are critical for mental health recovery. Isolation often leads to feelings of hopelessness, a known risk factor for recidivism.
3. Access to Mental Health Resources
Post-release, individuals often struggle to access consistent mental health care. Medi-Cal or private insurance may cover initial treatment, but gaps in follow-up care due to limited providers, long waitlists, or transportation issues can disrupt recovery. Without ongoing therapy or medication management, individuals are at higher risk of decompensation, potentially leading to another crisis and detention.
4. Firearm Prohibitions
Under California law, individuals subjected to a 5150 hold are prohibited from owning or possessing firearms for five years. A 5250 hold can extend this prohibition. While this measure aims to ensure public safety, it can complicate reintegration for individuals who rely on firearms for work (e.g., security professionals) or personal safety. Navigating these restrictions requires legal expertise to avoid unintentional violations that could lead to criminal charges.
5. Housing and Employment Discrimination
Housing and employment discrimination can be a significant hurdle. Landlords may deny applications based on perceived instability, especially if a 5150 or 5250 hold involved police intervention at a residence. Similarly, employers may hesitate to hire individuals with mental health histories, even if they are stable and capable. These rejections can destabilize individuals, increasing the risk of recidivism.
Defense Strategies to Support Reintegration
At Lessem, Newstat & Tooson, LLP, we believe that proactive legal strategies can mitigate these barriers and promote successful reintegration. Below are key approaches to help individuals avoid recidivism and rebuild their lives:
1. Expungement and Record Sealing
If a 5150 or 5250 hold resulted in an arrest or minor charges, pursuing expungement or record sealing can remove significant barriers. Under California Penal Code § 1203.4, certain convictions can be expunged, allowing individuals to present a clean record to employers and landlords. Our attorneys work diligently to identify eligible cases and guide clients through the expungement process, reducing the long-term impact of a criminal record.
2. Advocacy for Mental Health Diversion
For individuals facing charges related to a mental health crisis, California’s mental health diversion program (Penal Code § 1001.36) offers an alternative to traditional prosecution. If granted, diversion allows individuals to complete treatment programs instead of incarceration. Successful completion can lead to dismissal of charges, preserving opportunities for employment and housing. Our firm has extensive experience advocating for diversion, ensuring clients receive treatment rather than punishment.
3. Navigating Firearm Restrictions
Our attorneys assist clients in understanding and complying with firearm prohibitions. In some cases, we can petition for early restoration of firearm rights if the individual demonstrates stability and poses no risk. This process requires careful legal navigation to avoid violations that could lead to new charges, and our team provides expert guidance to achieve favorable outcomes.
4. Connecting Clients to Resources
While legal representation is critical, reintegration also depends on access to mental health and social services. We collaborate with community organizations to connect clients with therapy, case management, and housing assistance. By addressing these practical needs, we help clients build stability and reduce the risk of future crises.
Breaking the Cycle of Recidivism
Reintegration after a 5150 or 5250 hold is a multifaceted challenge that requires both legal and social solutions. At Lessem, Newstat & Tooson, LLP, we are committed to addressing the root causes of recidivism by combining aggressive legal defense with compassionate advocacy. Our goal is to empower clients to overcome barriers, access resources, and reclaim their lives.
If you or a loved one is navigating the aftermath of a 5150 or 5250 hold, contact Lessem, Newstat & Tooson, LLP today. Our experienced attorneys are here to provide the legal support and guidance you need to achieve lasting stability and avoid recidivism.