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

Case 1:01-cr-00077-WDM

Document 38

Filed 10/11/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Kelly C. Anderson Docket Number: 01-cr-00077-WDM-01 Petition on Supervised Release COMES NOW, Robert Haberman, probation officer of the court, presenting an official report upon the conduct and attitude of Kelly C. Anderson, who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 26th day of September, 2001, who fixed the period of supervision at five (5) 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 incur no 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 the following monetary obligations in accordance with the schedule of payments set forth below. $100.00 Special Assessment and $206,945.94 Restitution.

2.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER a modification of the defendant's conditions of supervised release to include the following: The defendant shall participate in a program of testing and treatment for drug and alcohol abuse, as directed by the probation officer, until she 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 and shall pay the cost of treatment as directed by the probation officer. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant will be required to pay the costs 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 Considered and ordered this 11th day of October, 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/Robert Haberman Robert Haberman Probation Officer Place: Colorado Springs, Colorado Date: October 11, 2007

s/ Walker D. Miller
Walker D. Miller United States District Judge

Case 1:01-cr-00077-WDM

Document 38
ATTACHMENT

Filed 10/11/2007

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On January 23, 2003, the conditions of supervised release were read and explained to the defendant. On that date, she acknowledged in writing that the conditions had been read to her, that she fully understood the conditions, and that she was provided with a copy of them. The term of supervised release commenced on January 22, 2003. On October 3, 2007, I met with the defendant regarding a random urine test she provided at Confidential Health Consultants on September 6, 2007, that came back positive for marijuana. When I questioned the defendant about this test, she immediately admitted to using marijuana on or about September 6, 2007. The defendant stated she used it to try and help with her anxiety and depression she has been experiencing. The defendant started crying and became very emotional. USPO Travis Cormaney, the mental health specialist in the Colorado Springs office, was called into my office and he immediately contacted Justin Lincoln at Confidential Health Consultants and made an appointment for 6:00 p.m. that evening for the defendant to see a counselor. On October 3, 2007, the defendant attended the emergency appointment with Justin Lincoln at Confidential Health Consultants, the probation department's local contracted treatment provider. Upon being evaluated by Mr. Lincoln, it was determined that the defendant was experiencing mental health problems in addition to her recent marijuana usage. To help address the defendant's mental health problems, Mr. Lincoln recommended that the defendant participate in substance abuse treatment and mental health treatment which will include medication monitoring. The probation department was able to pay for the defendant's mental health services and medications on an emergency basis. However, in order to continue to provide services for the defendant, her conditions of supervision need to be modified to include participation in substance abuse treatment and mental health treatment. On October 5, 2007, the defendant and her attorney 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.