Free Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:00-cr-00064-LTB

Document 53

Filed 06/13/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. JOEY BRONSON Docket Number: 00-cr-00064-LTB-01

Petition for Modification of Conditions of Supervised Release COMES NOW, Emily Valentin, probation officer of the court, presenting an official report upon the conduct and attitude of Joey Bronson who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 10th day of October, 2000, who fixed the period of supervision at three (3) years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of testing and treatment for drug abuse as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. The defendant shall be required to pay the cost of the treatment as directed by the probation officer

On March 4, 2008, the defendant's conditions of supervised release were modified to include: 2. The defendant shall reside in a Residential Re-Entry Center (RRC) for a period of up to 180 days.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the modification of the defendant's conditions of supervised release to include the special condition requiring that he participate in mental health counseling, as directed by the probation officer, until such time the defendant is released from the program by the probation officer. The defendant will be required to pay the cost of treatment as directed by the probation officer. The court authorizes the probation officer to release psychological reports and/or the presentence report to the treatment agency for continuity of treatment.

ORDER OF THE COURT day of June, Considered and ordered this 13th 2008, and ordered filed and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/Emily Valentin Emily Valentin Senior U.S. Probation Officer Place: Denver, Colorado Date: June 12, 2008

s/Lewis T. Babcock Lewis T. Babcock Senior U.S. District Judge

Case 1:00-cr-00064-LTB

Document 53

Filed 06/13/2008

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ATTACHMENT

On October 27, 2006, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy of them. The term of supervised release commenced on October 27, 2006. As the court was previously notified, on May 30, 2007, the defendant was arrested by the Denver Police Department, for Domestic Violence Damaging, Defacing or Destruction of Private Property, and Disturbing the Peace. The defendant pled guilty and was sentenced on May 31, 2007, in Denver County Court, in Docket No. 07GS892851, to 121 days imprisonment, of which 120 days were suspended. In addition, he was sentenced to one year probation and is required to complete 36 weeks of domestic violence classes. At that time, the Probation Office did not recommend a punitive sanction because the defendant had made significant progress since he commenced supervised release on October 27, 2006. Due to the defendant being terminated from his employment, not having a stable residence, failing to comply with drug testing, and using illicit substances, the defendant's conditions of supervised release were modified on March 4, 2008, to include placement in a Residential Re-Entry Center (RRC) for a period of up to 180 days. The defendant reported to Independence House, the RRC, on March 14, 2008, however, he has for the most part, failed to benefit from the increased structure and supervision provided by Independence House. The defendant has received several incident reports for violating the rules at Independence House. These violations range from not doing chores, being insolent to staff, lying about having a cellular telephone, failing to make location calls, and general accountability issues. Although the defendant is not adjusting well to the rules at Independence House, he has not submitted a positive urine specimen since residing there. The defendant was terminated from Sapp Brothers on December 3, 2007, and has not maintained stable employment since that time. In March 2008, the defendant secured employment earning $8.50 hourly in production at Bay Insulation Company, but was terminated after a couple weeks because the owner had second thoughts about the defendant's criminal history. The defendant then enrolled in a week-long asbestos abatement training program but failed to complete the course after missing one day because he was "tired." In April 2008, the defendant began working as a painter for his uncle at Jacob's Custom Painting but was not allowed to keep this job because the staff at Independence House could not verify the defendant's whereabouts. In May 2008, the defendant began working as a traffic flagger for Traffic Control, and in June 2008, he also began working as a traffic flagger at Warning Lights. The defendant earns $9 hourly and works at whichever company has an assignment for him. The defendant is also struggling with counseling at Correctional Psychology Associates (CPA). The defendant was initially participating in individual substance abuse counseling but according to his counselor, Kristen Parker, he was making little progress. When the defendant tested positive for illicit substances, Ms. Parker recommended that he be placed in group substance abuse counseling where he might benefit from the input of other group members. I discussed with Ms. Parker my concerns about the defendant being placed in a group setting because of his extremely poor social skills and the possible existence of developmental disabilities. However, I was told by Ms. Parker that the group members might have a positive influence on the defendant in regard to social interactions as well as assist him in addressing his poor relationship choices.

Case 1:00-cr-00064-LTB

Document 53

Filed 06/13/2008

Page 3 of 3

Unfortunately, group substance abuse counseling has also proven to be an inappropriate venue for the defendant. According to Colleen Todd, the defendant's group counselor, the defendant blurts out irrelevant statements and has been very disruptive in group. At times, he has even pulled his chair away from the table, removed himself from the group, and has sat in the corner. Subsequently, I staffed the defendant's behavior with Erin Wick, the lead counselor at CPA, and told her that I believed the defendant may have some mental health issues and/or developmental disabilities that are not being addressed in substance abuse counseling. I also told her that I was concerned about the defendant because he recently told me that he has been experiencing depression. Ms. Wick agreed that the defendant's behavior may be indicative of issues other than substance abuse addiction and that a mental health condition is necessary to accurately assess the defendant. For all of the reasons previously stated, the Probation Office is recommending that the defendant's conditions of supervised release be modified to include mental health treatment. On May 23, and 29, 2008, the defendant and his attorney, Susan Fisch, executed a form entitled "Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision" which waives the right to a hearing and agrees to the proposed modification of the conditions of supervised release. Assistant U.S. Attorney Linda McMahan has been consulted and has no objection to the proposed modification.