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

Case 1:02-cr-00141-EWN
PROB 12 (02/05-D/CO)

Document 55

Filed 01/31/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. MARK A. JANOS Docket Number: 02-cr-00141-EWN

Petition for Modification of Conditions of Supervised Release COMES NOW, Veronica Ramirez, probation officer of the court, presenting an official report upon the conduct and attitude of Mark A. Janos who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court in the District of Colorado, on the 1st day of November, 2002, 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 will participate in a program of testing and treatment for drug and alcohol abuse, as directed by the probation officer, until he is released from the program by the probation officer. During the treatment, he shall abstain from the use of alcohol. He will pay all costs associated with this program. The defendant will participate a program for mental health treatment, as directed by the probation officer, until he is released from the program by the probation officer. The court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report, for continuity of treatment. He will pay all costs associated with this program. The defendant will participate in an approved program of sex offender evaluation and mental health treatment, if recommended which may include polygraph and plethysmograph examinations, as directed 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 to the treatment agency all psychological reports and/or the presentence report to the treatment agency for continuity of treatment. The defendant shall not access any Internet sites containing sexually explicit material purporting to depict persons under the age of eighteen years or communicate by computer about such materials with any person that defendant has reason to believe is under the age of eighteen. The defendant shall permit the probation officer to make periodic, unannounced home examinations of any computer or Internet access device used by him, other than a device owned by ab employer and located at a place other than his home. He shall provide the probation officer with all passwords needed to access data or programs on such computers or devices and shall allow the probation officer to copy information which the probation officer believes may be evidence of a violation of the law or of the conditions of supervised release. The defendant shall permit the probation officer to install appropriate site-blocking software on any computer used by him, other than one owned by an employer and not located at the defendant' residence. The defendant shall s make no attempt to remove or defeat such software. The defendant shall have no unsupervised contact with any person under the age of eighteen.

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Case 1:02-cr-00141-EWN

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Filed 01/31/2007

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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 the modification of defendant' conditions of supervised release to s include a special condition that: The offender not possess any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing " sexually explicit conduct"as defined in 18 U.S.C. 2256(2); The offender shall not possess any materials, including pictures, photographs, books, writings, drawings, videos, or video games, depicting and/or describing child pornography, as defined in 18 U.S.C. § 2256(8); The offender shall use only those computers and computer-related devices screen user names, password, email accounts, and internet service provider (ISPs) , as approved by the Probation Officer. Computers and computer related devices include, but are not limited to, personal computers, personal data assignments (PDAs), internet appliances, electronic games, and cellular telephones, as well as there peripheral equipment , that can access, or can be modified to access, the internet, electronic bulletin boards, and other computers, or similar media; All computers, computer-related devices, their peripheral equipment, used by the offender, shall be subject to search and seizure and the installation of search and/or monitoring software and or hardware, including unannounced seizure for the purpose of search. The offender shall not add, remove, upgrade, update, reinstall, repair, or otherwise modify the hardware or software on the computers, computers-related devices, or their peripheral equipment, nor shall he/she hide or encrypt files or data without prior approval of the Probation officer. Further, the offender shall provide all billing records, including telephone, cable, internet, satellite, and the like, as requested by the Probation Officer. The offender shall not access via computer any material that relates to sexually explicit material. The offender shall not have another individual access the internet on his/her behalf to obtain files or information which he/she has been restricted from assessing, or accept restricted files or information from another person; The offender shall not possess or use computer with access to any online service at any location (including his/her place of employment), without the prior approval of the Probation Officer. This includes access through any internet service provider, bulletin board system, or any public or private computer network system. The offender shall not have another individual access the internet on his/her behalf to obtain files or information which is he/she has been restricted from accessing himself/herself, or accept restricted files or information from another person; Upon approval of the Probation Officer, the defendant may possess computer-related devices within his/her own home, for the sole use of other family members or occupants. The defendant, however, shall not access, or use the computer/devices, in any manner or for any purpose; The offender shall not access or possess any computer or computer-related devices in any manner, or for any purpose; The offender shall submit person and property to search and seizure at any time of the day or night by any law enforcement officer with or without a warrant and with or without reasonable or probable cause. The offender shall participate in a psychological/psychiatric counseling and/or sex offender treatment program, which may include inpatient treatment, as approved and directed by the Probation Officer. The offender shall abide by all rules, requirements, and conditions, of such program, including submission to risk assessment evaluation(s), and physiological testing, such as polygraph, plethysmograph, and Abel testing, and shall take all prescribed medication; The Probation Officer shall disclose the Presentence Report, an/or any previous sex offender or mental health evaluation(s) to the treatment provider;

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Filed 01/31/2007

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As directed by the Probation Officer, the offender shall pay all or part of the costs of treating the offender' psychological s /psychiatric disorder(s) to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. §3672. The offender shall provide payment and proof of payment, as directed by the Probation Officer; The offender shall not own, use or have access to services of any commercial mail-receiving agency, nor shall he/she open or maintain a post office box, without prior approval of the Probation Officer; The offender shall not affiliate with, own, control, and/or employed in any capacity by a business whose principal product is the production and/or selling of materials depicting and/or describing " sexually explicit conduct" as defined at 18 , U.S.C. § 2256(2).

ORDER OF THE COURT Considered and ordered this 31st day of January, 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/ Veronica Ramirez Veronica Ramirez United States Probation Officer s/ Edward W. Nottingham Edward W. Nottingham U.S. District Judge Place: Denver, Colorado Date: January 30, 2007

Case 1:02-cr-00141-EWN

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Filed 01/31/2007

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ATTACHMENT On January 18, 2007, and January 24, 2007, respectively, the defendant and his attorney, Frank Moya, executed a " Waiver of Hearing to Modify Conditions of Supervised Release"which waives the right to a hearing and agrees to the proposed modification of conditions of supervised release. Assistant United States Attorney, Tim Neff has been consulted and has no objections to the proposed modification. On November 1, 2002, the defendant was sentenced to fifty-seven (57) months imprisonment to each count of conviction, to be served concurrently, followed by a three (3) supervised release term after pleading guilty to Interstate Transportation of Obscene Matter. The defendant was ordered to self surrender on January 6, 2003. On November 21, 2006, Supervising U.S. Probation Officer Richard Vaccaro, received a telephone call from Martin Weinfuss, the defendant' case manger at FCI Forth Worth. Mr. Weinfuss indicated that the s defendant had submitted a proposed release plan to the Central District of California, where Mr. Janos' elderly parents reside. The plan was denied based on the defendant' conditions. The Central District of s California noted that unless the defendant had his conditions modified to include a search condition and the special conditions imposed on sex offenders in their district, his release plan to their district would be denied. The defendant' attorney advise this officer that the defendant was in agreement to have his conditions s modified to meet the requirements in the Central District of California.