Free Probation form 12 - District Court of California - California

Case 3:07—cr—00307-PJH Document 6 Filed 05/29/2007 Page 1 of 4
UNITED STATES DISTRICT COURT A
l fer i·· I 2 2007
NORTHERN DISTRICT OF CALIFORNIA I
San Francisco Venue 1-
Request to Modify the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver ofHear[1ig is Attached)
Name of Offender; Thomas David Hagberg Docket No.: CR 07—307l—0l— PJH
Name of Sentencing Judge: The Honorable Phyllis J. Hamilton
Date of Original Sentence: December 8, 2006
Original Offense:
Count lz Mailing Threatening Communications, 18 U.S.C. § 876, a Class C felony
Original Sentence: 29 months custody, 36 months supervised release
Special Conditions; drug treatment; mental health treatment; search; no contact with victim; DNA
collection;
Prior Form(s) 12: On April 27, 2007, a warrant for Mr. Hagberg’s arrest was filed in the Eastern
District of California. Mr. Hagberg was arrested on this warrant on April 27, 2007. He appeared
before The Honorable United States Magistrate Judge La Porte on May 3, 2007. At that time Mr.
Hagberg was released with the additional condition that he participate in Electronic Monitoring with
Global Position Monitoring System.
Since that time Jurisdiction ofthis matter was transferred to the Northern District of California and
assigned to The Honorable Phyllis J. Hamilton.
Type of Supervision: Supervised Release Date Supervision Commenced: December 8, 2006
Assistant U.S. Attorney: Kyle Waldinger Defense Counsel: Daniel Blanl<(AFPD)
Petitioning the Court ·
To dismiss the outstanding Form l2 requesting a warrant
and
To Modify Mr. Hagber's conditions ofsupervision to include the following special condition:
The defendant shall participate in the Home Coninement with Electronic Monitoring
Program, which may include Global Position System monitoring and shall abide by all the
requirements of the program for a period of up to six months. Other location verification
methods may be utilized in conjunction with this program. The fees for the monitoring shall
NDC-SUPV-FORM l2B(l) 03/23/05

V Case 3:07—cr—00307-PJH Document 6 Filed 05/29/2007 Page 2 of 4
Thomas David Hagberg page 2
CR 00-0537]-0l ·
be waived as the probation officer has determined that he has an inability to pay. The
defendant is restricted to his/her residence at all times except for activities which have been
pre—approved by the probation officer, including employment, education, religious services,
medical, substance abuse or mental health treatment, attorney visits, court appearances, or
court ordered obligations. During the term of home confinement, the defendant shall
abstain from the use ofalcohol and shall submit to drug or alcohol testing as directed by the
probation officer.
Cause
A warrant was requested for Mr. Hagberg's arrest because he was not participating in Mental Health
Counseling. Specifically on April 23, 24 and 25, 2007 he failed to attend his scheduled
appointments with the mental health practioners he was seeing. In the weeks preceding this, Mr.
i Hagberg’s mental health was deteriorating and he was refusing to take his prescribed medication on
a regular basis. Ultimately, on April 14, 2007, he was treated as a psychiatric emergency patient
pursuant to California Health and Safety Code 5150, following an incident where he rationalized
that eating a creosote log would be an effective treatment for his declining mental health. The
warrant was requested as it was this ofHcer’s opinion that Mr. Hagberg’s declining mental health and
refusal to comply with his mental health treatment created a risk to himself and the community at
large.
Mr. Hagberg appeared before the Honorable United States Magistrate La Porte on May 3, 2007. He
was released on electronic monitoring with global position monitoring and was instructed to comply
with his mental health treatment. Because transfer ofjurisdiction was not completed yet, the matter
was not put on the calendar of a district court judge at that time and a status conference was
calendared before United States Magistrate La Porte for May 21, 2007. That matter has been taken
off calendar in lieu ofthis petition.
Since Mr. Hagberg was released, he has been in compliance with his mental health treatment, in that
he is making all ofhis appointments and has been taking his prescribed medication without incident.
Additionally, he has been in compliance with the conditions of his electronic monitoring. Mr.
Hagberg does not wish to return to custody and is now motivated by the real possibility of this
occurring. He also seems to be responding to the structure imposed by being on electronic
monitoring. Furthermore, the fact that he is taking his prescribed medication is extremely important
in that his bizarre behavior and thought processes are much more under control.
It is this ofHcer’s recommendation, in concurrence with AUSA Kyle Waldinger and AFPD Daniel
Blank, that the outstanding Forrnl2 requesting the warrant be dismissed and that Mr. Hagberg’s
terms of supervised release be modified to include up to six months of electronic monitoring with
global position monitoring. Mr. Hagberg has signed the appropriate waiver, which is attached for
Your Honor’s review.
NDC-SUPV-FORM i2B(1) 03/2% 05

Case 3:07—cr—00307-PJH Document 6 Filed 05/29/2007 Page 3 of 4
Thomas David Hagberg page 3
CR 00-05371-O1
Address of offender: 9780 Occidental Road, Sebastopol, CA 95472
Respectfully submitted, A Reviewed by:
Sharon K. Alberts Robert E. Tenney E 5
U.S. Probation Officer Supervisory U.S. Probation fficer
Date Signed:
THE COURT ORDERS:
`*;Qhat the outstanding Porm 12 requesting a warrant be dismissed
and
That Mr. Hagberg’s conditions ofsupervised release be modified to include the following special
condition:
The defendant shall participate in the Home Confinement with Electronic Monitoring Program,
which may include Global Position System monitoring and shall abide by all the requirements
ofthe program for a period of up to six months. Other location verification methods may be
utilized in conjunction with this program. The fees for the monitoring shall be waived as the
probation officer has determined that he has an inability to pay. The defendant is restricted to
his/her residence at all times except for activities which have been pre-approved by the probation
officer, including employment, education, religious services, medical, substance abuse or
mental health treatment, attorney visits, court appearances, or court ordered obligations.
During the term of home confinement, the defendant shall abstain from the use of alcohol and
shall submit to drug or alcohol testing as directed by the probation officer.
E1 Submit a request for warrant
ll Submit a request for summons
C1 Other:
J ./E . .,»·»
Date Tl J I norable Phyllis J. Hamilton
nited States District Judge
NDC-sU1¤v-FORM l2B(l) O3/23/05

Case 3:07—cr—00307-PJH Document 6 Filed 05/29/2007 Page 4 of 4
Nl)(T—I‘R()B 49 02/0I/05 .
for
NORTHERN DISTRICT OF CALIFORNIA
Defendant Name; ThOm3$ D H€ll§b€F§
Docket No.: CR 07-307 PJH `
Waiver of Hearing to Modify Conditions of Probation/Supervised
Release or Extend Term Of Supervision
I have been advised and understand that I am entitled by law to a hearing and assistance
of counsel before any unfavorable change may be made in my Conditions of Probation and
Supervised Release or my period of supervision being extended. By "assistance of counsel", I
understand that I have the right to be represented at the hearing by counsel ofmy own choosing if
I am able to retain counsel. I also understand that I have the right to request the court to appoint
counsel to represent me at such a hearing at no cost to myselfifl am not able to retain counsel of
my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance ofcounsel. I
also agree to the following modification ofmy Conditions of Probation and Supervised Release
or to the proposed extension of my term of supervision:
g The defendant shall participate in the Home Conhnement with Electronic Monitoring Program,
which may include Global Position System monitoring and shall abide by all the requirements of
the program for a period of up to six months. Other location verification methods may be utilized
in conjunction with this program. The defendant shall pay the cost of monitoring at the
prevailing rate unless it is determined by the probation officer that s/he has an inability to pay. A .
co—payment amount will then be determined by the probation officer. The defendant is restricted
to his/her residence at all times except for activities which have been pre-approved by the
probation officer, including employment, education, religious services, medical, substance
abuse or mental health treatment, attomey visits, court appearances, or court ordered
obligations. During the term ofhome confinement, the defendant shall abstain from the use of
alcohol and shall submit to drug or alcohol testing as directed by the probation officer.
U 60/1/irrued 0/1 next page
I declare under penalty of perjury under the laws ofthe United States of America that the
foregoing information is true and correct and that this declaration was executed on the date I
indicated at
%"` 5
Signed: \/OW Date; 2/0
Probationer or upervised Releasee
Witness: l K l Date: ];
Sharon K. Al erts
U.S. Probation Officer

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