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

Case 1:01-cr-00376-WDM

Document 29

Filed 03/23/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CLAUDE GAY, JUNIOR Docket Number: 01-cr-00376-WDM-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 Claude Gay, Junior, who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, on the 24th day of April, 2002, who fixed the period of supervision at three 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 will be required to pay the cost of treatment as directed by the probation officer. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless the defendant is in compliance with the installment payment schedule. The defendant shall pay restitution in the amount of $2,807.00

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RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the modification of the defendant' conditions of supervised release to s include a special condition requiring the defendant to participate in a program of mental health treatment, as directed by the probation officer, until such time the defendant is released from the program by the probation officer. Additionally, the defendant shall participate in a methadone maintenance program as directed by the probation officer. ORDER OF THE COURT Considered and ordered this 23 day of March, 2007, 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/ Walker D. Miller
Walker D. Miller U.S. District Court Judge

s/Emily Valentin Emily Valentin Senior U.S. Probation Officer Place: Denver, Colorado Date: March 7, 2007

Case 1:01-cr-00376-WDM

Document 29

Filed 03/23/2007

Page 2 of 2

ATTACHMENT This petition is based on the following facts: On January 9, 2007, 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 January 8, 2007. On January 9, 2007, I met with the defendant and instructed him to attend a drug assessment at Correctional Psychology Associates (CPA) on January 23, 2007. The defendant attended the session as instructed and Dr. Rod Hoevet diagnosed the defendant with depressive disorder. At the time of the assessment, the defendant was taking lithium which had been prescribed to him to assist in treating his depression while he was incarcerated. Dr. Hoevet recommended that the defendant attend mental health treatment as well as be assessed by a psychiatrist to evaluate his need for medication. On February 23, 2007, I met with the defendant and questioned him about his drug use after he failed to submit urine specimens at Correctional Management Incorporated (CMI) on February 17, and 21, 2007. The defendant said that he did not provide the urine specimens because he had used heroin on two occasions. The defendant said that he has a very hard time staying away from illicit substances and he uses them to cope with his emotional pain. A urine specimen submitted by the defendant as CMI on February 23, 2007, tested positive for opiates, but I have yet to receive the quantitative results. Due to the defendant' admission of using heroin and Dr. Hoevet' recommendation, I increased the frequency of the s s defendant' individual drug counseling sessions and discussed methadone and mental health counseling with him. The s defendant is amendable to mental health counseling as well as participating in a methadone maintenance program. On February 23, 2007, and March 2, 2007, respectively the defendant and his attorney, Edward Pluss, executed a form entitled " Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision"which waives the right to hearing and agrees to the proposed modification of the defendant' conditions of supervised release. s Assistant U.S. Attorney Thomas O' Rourke has been consulted and has no objection to this course of action.