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U.S. v. BROWN, CR15-08095-001-PCT-DLR. (2015)

Court: District Court, D. Arizona Number: infdco20151009709 Visitors: 14
Filed: Oct. 08, 2015
Latest Update: Oct. 08, 2015
Summary: ORDER DEBORAH M. FINE , Magistrate Judge . THE COURT FINDS by clear and convincing evidence (defendant's admission) that the defendant has violated the terms of his conditions of pretrial as alleged in allegation two (2) of the Petition to Revoke Pretrial Release. THE COURT FURTHER FINDS that without defendant's placement at a halfway house or substance abuse treatment facility, the defendant is unlikely to abide by any condition or combination of conditions or release. THE COURT FURTHER
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ORDER

THE COURT FINDS by clear and convincing evidence (defendant's admission) that the defendant has violated the terms of his conditions of pretrial as alleged in allegation two (2) of the Petition to Revoke Pretrial Release.

THE COURT FURTHER FINDS that without defendant's placement at a halfway house or substance abuse treatment facility, the defendant is unlikely to abide by any condition or combination of conditions or release.

THE COURT FURTHER FINDS that the defendant's placement at a halfway house or substance abuse treatment facility is a necessary condition to assure that the defendant will not flee and to assure the safety of the community.

IT IS HEREBY ORDERED that the defendant remain in custody pending and intake assessment and possible placement into Crossroads. Should the defendant be found acceptable, defendant shall follow all program requirements including the direction of all staff members. Defendant shall be required to make a copayment to an amount to be determined by the Pretrial Services Officer but in no event to be more than 50% of net income to the halfway house each pay period until placement is terminated. Defendant shall submit to drug and/or alcohol treatment, not limited to urinalysis and Breathalyzer tests, at the discretion of Pretrial Services. The defendant shall make a copayment directly to the agency contracted by Pretrial Services to provide any required counseling or drug testing, in an amount to be determined by Pretrial Services to provide any required counseling or drug testing, in an amount to be determined by Pretrial Services, not to exceed the total cost of services rendered, each moth until these services are terminated. Defendant shall participate in all program requirements as directed by Pretrial Services.

IT IS FURTHER ORDERED, conditioned on defendant being found to be an acceptable candidate for Crossroads, reinstating the defendant on pre-trial release subject to the previously ordered conditions, and in addition, to participate in at least a 90 day residential treatment at Crossroads.

IT IS FURTHER ORDERED that the defendant is not found to be an acceptable candidate for Crossroads the defendant will remain in custody pending trial because without admission to compliance with the residential program at Crossroads, there is no condition or combination of conditions that will assure that the defendant will not flee and will assure that the defendant not pose a danger to the community.

IT IS FURTHER ORDERED that if the defendant is not found to be an acceptable candidate for Crossroads, the defendant will remain in custody pending trial because without admission to Crossroads, defendant is unlikely to abide by any condition or combination of conditions of release.

Source:  Leagle

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