Opinion
HEATHER E. WILLIAMS, Federal Defender, RACHELLE BARBOUR, Attorney Designated Counsel for Service OFFICE OF THE FEDERAL DEFENDER Sacramento, CA, Attorney for Defendant RYAN MASON.
BENJAMIN WAGNER, United States Attorney, JOSH SIGAL, Assistant United States Attorney, Attorney for Plaintiff.
STIPULATION AND [PROPOSED] ORDER TO AMEND PRETRIAL SERVICES CONDITIONS
DALE A. DROZD, Magistrate Judge.
Plaintiff, United States of America, through Assistant United States Attorney JOSH SIGAL, and Defendant RYAN MASON, through his attorney RACHELLE BARBOUR, of the Office of the Federal Defender, hereby stipulate and request that the Court amend Mr. Mason's pretrial services conditions as set forth in the attached proposed conditions (Third Special Conditions of Release). Mr. Mason has applied for disability services and been unable to work. In light of that, the Pretrial Services Office has requested that his curfew be adjusted.
Pretrial Services has requested that the parties file this stipulation and proposed order amending the conditions.
ORDER
The Court orders that pretrial release conditions be amended as set forth in the attached "Third Special Conditions of Release" dated May 12, 2015.
IT IS SO ORDERED.
THIRD SPECIAL CONDITIONS OF RELEASE
1. You shall report to and comply with the rules and regulations of the Pretrial Services Agency;
2. You shall report in person to the Pretrial Services Agency today following your release from custody;
3. You are released to the third-party custody of Janet Mason;
4. You are to reside at a location approved by the pretrial services officer and not move or absent yourself from this residence for more than 24 hours without the prior approval of the pretrial services officer;
5. You shall cooperate in the collection of a DNA sample;
6. Your travel is restricted to Eastern and Northern Districts of California unless otherwise approved in advance by the pretrial services officer;
7. You shall not obtain a passport or other travel documents during the pendency of this case;
8. You shall not possess a firearm/ammunition, destructive device, or other dangerous weapon; additionally, you shall provide written proof of divestment of all firearms/ammunition currently under your control;
9. You shall seek and/or maintain employment and provide proof of same as requested by your pretrial services officer;
10. You shall refrain from excessive use of alcohol or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you shall notify Pretrial Services immediately of any prescribed medication(s). However, medicinal marijuana, prescribed or not, may not be used;
11. You shall submit to drug and/or alcohol testing as approved by the pretrial services officer. You shall pay all or part of the costs of the testing services based upon your ability to pay, as determined by the pretrial services officer;
12. You shall report any contact with law enforcement to your pretrial services officer within 24 hours;
13. You shall participate in the following location monitoring program component and abide by all the requirements of the program, which will include having a location monitoring unit installed in your residence and a radio frequency transmitter device attached to your person. You shall comply with all instructions for the use and operation of said devices as given to you by the Pretrial Services Agency and employees of the monitoring company. You shall pay all or part of the costs of the program based upon your ability to pay, as determined by the pretrial services officer;
14. CURFEW: You shall remain inside your residence every day from 6:00pm to 9:00am, or as adjusted by the pretrial services officer for medical, religious services, employment or court-ordered obligations;
15. You shall not view or possess child pornography as defined by 18 USC 2256(8), except in the presence of your attorney to prepare for your defense;
16. You shall not access the Internet and you shall provide proof of the disconnection or termination of this service as required by the pretrial services officer; however, your parents may have wireless internet service in the home which will remain password protected and the defendant will not have access;
17. You shall not use or possess a computer or any device capable of accessing the internet in your residence or at any other location unless otherwise pre-approved by the pretrial services officer; however, your parents shall be allowed to have one password protected computer in a locked room that the defendant will not have access;
18. You shall not loiter or be found within 100 feet of any school yard, park, playground, arcade, movie theater, or other place primarily used by children under the age of 18;
19. You shall not associate or have verbal, written, 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; and
20. You shall not be employed or participate in any volunteer activities in which there is the likelihood of contact with children under the age of 18; and,
21. The pretrial services officer shall advise your employer of the conditions of release that may limit your work-related use of a computer or limit your work activities.