Opinion
Cr.: 10-CR-00238
06-06-2012
USA v. RIVAS-VENTURA
Request for Modifying the Conditions of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Offender: Elaine Rivas-Ventura
Name of Sentencing Judicial Officer; Honorable William. H. Walls* U.S. District Judge
Date of Original Sentence: 10/14/10
Original Offense: Conspiracy to Distribute a Controlled Substance
Original Sentence: 12 months and 1 clay prison, 5 years supervised release
Type of Supervision: Supervised release
Date Supervision Commenced: 08/22/11
PETITIONING THE COURT
[X] To modify the conditions of supervision as follows. The addition of the following special condition: The defendant shall participate in an out-patient and/or in-patient substance abuse or detoxification program approved by the probation office. The defendant shall pay the costs of such treatment to the degree they are reasonably able, and shall cooperate in securing any applicable third party payment, such as insurance or medicare. The defendant shall disclose all financial information and documents to the probation office to assess their ability to pay. The defendant shall not consume alcohol or other intoxicants during and after treatment, unless granted prescription by a licensed physician and proof of same is provided to the probation office. The defendant shall submit to drug/alcohol testing during and after treatment to ensure abstinence from drugs and alcohol.
CAUSE
Ventura admitted to using Marijuana in December 2011. She agreed to work with Probation in addressing her problem, and she wishes to participate in substance abuse treatment.
Respectfully submitted,
______________________
By: Thomas J. Stone
Senior U.S. Probation Officer
THE COURT ORDERS:
[√] The Modification of Conditions as Noted Above
[] Other
______________________
Signature of Judicial Officer
I have been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfevorable change maybe made in my Conditions of Supervised Release. By 'assistance of counsel', I understand that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel. I also understand that I have the right to request the Court to appoint counsel to represent me at such a hearing at no cost to myself if I am not able to retain counsel of my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel, I also agree to the following modification of my Conditions of Supervised Release:
THE DEFENDANT SHALL PARTICIPATE IN AN OUT-PATIENT AND/OR INPATIENT OR DETOXIFICATION PROGRAM APPROVED BY THE PROBATION OFFICE. THE DEFENDANT SHALL PAY THE COSTS OF SUCH TREATMENT TO THE DEGREE THEY ARE REASONABLY ABLE, AND SHALL COOPERATE IN SECURING ANY APPLICABLE THIRD PARTY PAYMENT, SUCH AS INSURANCE OR MEDICARE. THE DEFENDANT SHALL DISCLOSE ALL FINANCIAL INFORMATION AND DOCUMENTS TO THE PROBATION OFFICE TO ASSESS THEIR ABILITY TO PAY. THE DEFENDANT SHALL NOT CONSUME ALCOHOL OR OTHER INTOXICANTS DURING AND AFTER TREATMENT, UNLESS GRANTED PRESCRIPTION BY A LICENSED PHYSICIAN AND PROOF OF SAME IS PROVIDED TO THE PROBATION OFFICE. THE DEFENDANT SHALL SUBMIT TO DRUG/ALCOHOL TESTING DURING AND AFTER TREATMENT TO ENSURE ABSTINENCE FROM DRUGS AND ALCOHOL.
Witness: ______________________
U.S. Probation Officer
Signed: ______________________
Probationer or Supervised Releasee