One of the most common calls we receive at Van Severen Law Office involves a loved one being placed on a probation hold. This post will explore how you can be placed on a probation hold, how long you can be detained on a probation hold, and possible outcomes of your probation hold.
Detained on a Probation Hold
If you are on probation or extended supervision, you are subject to constant monitoring by your probation agent. There are few scenarios where your agent can place you into custody on a probation hold. First, the agent must order you into custody if there is an allegation of assaultive or dangerous conduct. Additionally, you may be taken into custody for the following:
- Investigation related to a rule violation;
- After a violation occurs to determine whether to initiate revocation proceedings;
- For disciplinary purposes;
- To prevent a possible violation of the rules of supervision;
- Pending placement in an alternative to revocation program;
Once in custody, an agent may authorize the detention of an offender for a maximum of 5 business days. An agent’s supervisor may extend this detention for an additional 5 business days. And finally, a regional chief may approve one final extension for an additional 5 business days. In only the rarest circumstances, the administrator may extend the detention for an undetermined amount of time beyond the 15 business days previously mentioned.
On a Probation Hold, Now What?
Once you are placed on a probation hold, your agent should meet with you within a reasonable period of time. After meeting with you, your agent has a few options listed in the DOC Administrative Code. They can take no action and you will be released if the allegation is unfounded. Or, they can resolve the allegation by reviewing your rules and implementing changes where necessary. They can also counsel you and emphasize the necessity of compliance with the rules. An informal or formal warning is another option. You can also agree to an alternative to revocation program. The last option is to implement formal revocation proceedings.
If your agent decides to proceed with revocation of your supervision, the hearing must be held within 50 calendar days of your custody date. This hearing may be rescheduled for a number of reasons, though typically it is not extended unless your attorney makes the request.
If you or a loved one is placed on a probation hold, it is a good idea to contact one of the attorneys at Van Severen Law Office. Each attorney has handled dozens of revocation cases and are experienced in dealing with probation agents. Give us a call today for a free consultation!