Opinion
Docket Number: 1:06-MJ-00162-001.
January 16, 2008
MEMORANDUM SUBSTITUTION OF RESIDENTIAL PLACEMENT
Your Honor:
On September 28, 2007, this officer filed a Probation Form 12B — Petition to Modify Conditions of Supervision with the Court advising that the probationer violated the terms and conditions of supervision by: 1) Failure to submit monthly supervision reports; 2) Failure to follow the instructions of the probation officer; 3) Use of a controlled substance; and, 4) Failure to submit to drug testing program. The Court followed the probation officer's recommendation and modified the conditions of supervision to include a placement at Turning Point Comprehensive Sanctions Center, Fresno, California, for a period of at least 60 but no more than 90 days.
Upon receiving the signed petition from the Court, Turning Point advised that the facility was at full capacity and would not have any available space for the near foreseeable future. In efforts to address the probationer's violation conduct, this officer referred him to Foundation First, Inc., a "self-pay" sober living residential program. He was accepted to the program and placement commenced on October 12, 2007. He remained at this program until he was discharged on January 11, 2008. While at Foundation First, the releasee received substance abuse treatment, was drug tested, and worked part-time.
Although Turning Point eventually had a vacancy, the probationer requested to complete his residential program at Foundation First.
This officer recommends that Court accept the 90 days the probationer resided and participated at Foundation First be credited for the "at least 60 not more than 90 days" ordered to be served at Turning Point.
Below is a signature block which is provided to the Court to correspond with this officer regarding the above referenced recommendation. HUBERT J. ALVAREZ Senior United States Probation Officer REVIEWED BY: /s/ Bruce A. Vasquez BRUCE A. VASQUEZ Supervising United States Probation Officer
Respectfully submitted, /s/ Hubert J. Alvarez Dated: January 15, 2008 Fresno, California HJA;ra ____ Attachment(s) cc: Mark McKeon Assistant United States Attorney Carrie Leonetti Defense Counsel AGREE: XXXX DISAGREE: _________IT IS SO ORDERED.