Does a probation order requiring a defendant to participate in a program in mental health counseling constitute a condition of probation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Prentzel, 9 F.3d 1555 (9th Cir. 1994):

As part of his sentence, the district court required the defendant to participate in a program in mental health counseling recommended by the probation officer. The district court has broad discretion to set conditions of probation. United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991). Although the appellant contends that the record shows no evidence of serious mental impairment, the record does reflect a history of threatening language that caused reasonable fear on the part of the probation officer. The district court, believing that there was a serious risk that the defendant would endanger the safety of others, did not abuse its discretion.

Other Questions


Does a probation officer have the power to determine where and when a defendant must abide by a condition under a probation order? (MultiRegion, United States of America)
In a mental health case, in what circumstances will a psychiatrist advise a defendant against a defense based on mental condition? (MultiRegion, United States of America)
What is the test for determining whether a mental health condition imposed by a federal district court for a convicted rapist is to be reduced to a conditional discharge? (MultiRegion, United States of America)
In what circumstances have courts granted relief where trial counsel failed to consult with mental health experts regarding the possibility of a mental defect defense for the penalty phase? (MultiRegion, United States of America)
Is there any case law where a jury was ordered to consider limiting evidence in the trial of a defendant who had a history of mental health problems? (MultiRegion, United States of America)
Is there a waiver of a condition of a defendant's probation if he fails to assert his Fifth Amendment right in response to questions pursuant to the condition? (MultiRegion, United States of America)
Is there any case law in support of the Eighth Amendment for refusing professional mental health treatment because he does not trust the white mental health staff? (MultiRegion, United States of America)
When will a court order that a mentally ill individual be committed to a mental health institution rather than imprisoned? (MultiRegion, United States of America)
If a defendant is found incompetent and convicted of a crime, can a federal court order a mental health commitment? (MultiRegion, United States of America)
What are the requirements for an amended complaint to identify as defendant only persons who personally participated in a substantial way in depriving a plaintiff of a federal constitutional right? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.