Filed: Oct. 20, 2014
Latest Update: Oct. 20, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL RELEASE CONDITIONS CAROLYN K. DELANEY, Magistrate Judge. IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Stephen Wood, through their respective attorneys, that the release conditions imposed on Mr. Wood on April 9, 2013, may be modified asset forth below. At the outset of Mr. Wood's Federal case he had only limited contact with his family, pursuant to both a Yuba County Family court order, a
Summary: STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL RELEASE CONDITIONS CAROLYN K. DELANEY, Magistrate Judge. IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Stephen Wood, through their respective attorneys, that the release conditions imposed on Mr. Wood on April 9, 2013, may be modified asset forth below. At the outset of Mr. Wood's Federal case he had only limited contact with his family, pursuant to both a Yuba County Family court order, an..
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STIPULATION AND [PROPOSED] ORDER TO MODIFY PRE-TRIAL RELEASE CONDITIONS
CAROLYN K. DELANEY, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Stephen Wood, through their respective attorneys, that the release conditions imposed on Mr. Wood on April 9, 2013, may be modified asset forth below.
At the outset of Mr. Wood's Federal case he had only limited contact with his family, pursuant to both a Yuba County Family court order, and per the terms of his pre-trial release conditions. In compliance with various court orders, Mr. Wood did not reside with his wife and minor daughter ["family residence"], rather in a mobile home, as approved by Pre-Trial Services ["permanent residence"]. Mr. Wood was only able to have supervised visits with his family (including minor daughter) during the day in the family residence, but had to return to his permanent residence at night.
Subsequently, as a part of the family reunification process supervised by Child Protective Services [CPS], the Yuba County Family Court and CPS authorized Mr. Wood to spend one (1) night per week in the family residence. This important step in the family reunification process was at odds with the then existing current Federal conditions of supervised release. Accordingly, the parties, along with Pre-Trial services, met and conferred to devise a condition that would permit these overnight stays in the family residence. This condition was approved by the court on July 30, 2013 [Docket #19].
Since August 1, 2013 Mr. Wood has been spending one night per week in the family residence, he has continued in therapy, and recently, successfully completed the family reunification process, supervised by Yuba County CPS. CPS now recommends that Mr. Wood be permitted to return to the farnily residence full time. To this end, Pre-Trial Services officer Ryan Garcia has contacted Jaime Wood [the defendant's wife], and Martha Ethington [the defendant's mother-in-law], both of whom reside in the family home. Per Pre-Trial Services, both are will ing to serve as third-party custodians. Neither has any known criminal history; Officer Garcia believes both would be appropriate third-party custodians.
Accordingly, the parties and Pre-Tri al Services agree that the following conditions may be added:
You are released to the third-party custody of Jamie Wood and Martha Ethi ngton.
You shall not have any unsupervised contact with your minor daughter. All contact must be supervised by your custodians or another third-party approved by the pretrial services officer.
Further, the parties and Pre-Trial Services agree that the following conditions may be modified:
3. You are to reside with your custodians and not move or absent yourself from this residence for more than 24 hours without the prior approval of the pretrial services officer.
13. You shall not use or possess a computer in your residence or at any other location unless otherwise approved by the pretrial services officer. However, you shall be allowed access to one laptop computer at your residence. This computer will not have internet access
23. You shall not associate or have verbal, written, or telephonic or electronic communication with any person who is under the age of 18, except in the presence of another adult who is the parent or legal guardian of the minor.
Finally, the parties and Pre-Trial Services agree that the following conditions may be stricken: 21 and 22.
All other conditions shall remain in force.
ORDER
The release conditions previously imposed on Mr. Wood are modified as follows. The following conditions will be added:
You are released to the third-party custody of Jamie Wood and Martha Ethington.
You shall not have any unsupervised contact with your minor daughter. All contact must be supervised by your custodians or another third-party approved by the pretrial services officer.
The following conditions will be modified:
3. You are to reside with your custodians and not move or absent yourself from this residence for more than 24 hours without the prior approval of the pretrial services officer.
13. You shall not use or possess a computer in your rgsidence or at any other location unless otherwise approved by the pretrial services officer. However, you shall be allowed access to one laptop computer at your residence. This computer will not have internet access.
23. You shall not associate or have verbal, written, or telephonic or electronic communication with any person who is under the age of 18, except in the presence of another adult who is the parent or legal guardian of the minor.
The following conditions will be stricken: 21 and 22.
All other conditions shall remain in force.
IT IS SO ORDERED.
