ORDER GRANTING DEFENDANT'S MOTION FOR RELEASE AND SETTING CONDITIONS
JOHN T. RODGERS, Magistrate Judge.
Before the Court is Defendant Motion for Motion to Reconsider Conditions of Release Pursuant to 18 U.S.C. § 3142(f). ECF No. 71. Previously, Defendant was released to inpatient treatment at American Behavioral Health Services (ABHS). ECF No. 67. Defendant recites that he has completed this treatment and has notified that Court that he is scheduled to be released today. ECF No. 71 at 2.
Defendant is asking to be released to his mother's residence while he awaits a bed date at a halfway house. ECF No. 71 at 2. Defendant proffers that Supervising Pretrial Officer Erik Carlson has approved this residence as an acceptable release address. ECF No. 71 at 2.
Finally, neither the United States nor Probation oppose this request. ECF No. 71-1 at 2. The Court finds that conditions can be fashioned which will reasonably assure Defendant's appearance and the safety of the community. Defendant is released on the following conditions:
STANDARD CONDITIONS OF RELEASE
(1) Defendant shall not commit any offense in violation of federal, state or local law. Defendant shall advise the supervising Pretrial Services Officer and defense counsel within one business day of any charge, arrest, or contact with law enforcement. Defendant shall not work for the United States government or any federal or state law enforcement agency, unless Defendant first notifies the supervising Pretrial Services Officer in the captioned matter.
(2) Defendant shall immediately advise the court, defense counsel and the U.S. Attorney in writing before any change in address and telephone number.
(3) Defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed.
(4) Defendant shall sign and complete A.O. Form 199C before being released and shall reside at the address furnished.
(5) Defendant shall not possess a firearm, destructive device or other dangerous weapon.
(6) Defendant shall report to the United States Probation Office before or immediately after release and shall report as often as they direct, at such times and in such manner as they direct.
(7) Defendant shall contact defense counsel at least once a week.
(8) Defendant is further advised, pursuant to 18 U.S.C. § 922(n), it is unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year, to possess, ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(9) Defendant shall refrain from the use or unlawful possession of a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner in conformance with Federal law. Defendant may not use or possess marijuana, regardless of whether Defendant has been authorized medical marijuana under state law.
(10) Defendant shall surrender any passport to Pretrial Services and shall not apply for a new passport.
ADDITIONAL CONDITIONS OF RELEASE
(14) Defendant shall remain in the Eastern District of Washington while the case is pending. By timely motion clearly stating whether opposing counsel and Pretrial Services object to the request, Defendant may be permitted to travel outside this geographical area.
(15) Avoid all contact, direct or indirect, with any persons who Defendant would reasonably know are or may become a victim or potential witness in the subject investigation or prosecution. Pretrial Services may but is not required to exempt specific named individuals from this prohibition, including but not limited to immediate family members or co-workers.
(16) Avoid all contact, direct or indirect, with known felons or Co-Defendant(s). Pretrial Services may but is not required to exempt specific named individuals from this prohibition, including but not limited to immediate family members or co-workers.
(18) Refrain from any use of alcohol.
(27) Prohibited Substance Testing: If random urinalysis testing is not done through a treatment program, random urinalysis testing shall be conducted through Pretrial Services, and shall not exceed six (6) times per month. Defendant shall submit to any method of testing required by the Pretrial Service Office for determining whether the Defendant is using a prohibited substance. Such methods may be used with random frequency and include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. Defendant shall refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy of prohibited substance testing.
HOME CONFINEMENT/ELECTRONIC/GPS MONITORING
(28) Defendant shall participate in one or more of the following home confinement program(s):
Home detention: Defendant shall be restricted to his/her residence at all times except for: attorney visits; court appearances; case-related matters; court-ordered obligations; or other activities as pre-approved by the Pretrial Services Office or supervising officer, including but not limited to employment, religious services, medical necessities, substance abuse testing or treatment, or mental health treatment.
OR
Maintain residence at a halfway house or community corrections center, as deemed necessary by the Pretrial Services Office or supervising officer.
If a party desires that another Court review this order pursuant to 18 U.S.C. § 3145, that party shall promptly file a motion for review before the district judge to whom the case is assigned, as further described in the Detention Order Review Protocol published for the Eastern District of Washington. Both parties shall cooperate to insure that the motion is promptly determined.
Defendant's motion, ECF No. 71, is GRANTED.
IT IS SO ORDERED.
