Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:01-cr-00154-WYD

Document 51

Filed 03/06/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. HEATHER GRACE MARIE DIVENS Docket Number: 01-cr-00154-WYD-02

Petition for Modification of Conditions of Probation COMES NOW, Emily Valentin, probation officer of the court, presenting an official report upon the conduct and attitude of Heather Grace Marie Divens who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 4th day of December, 2001, who fixed the period of supervision at five (5) years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. 2. Home detention for a period of four months. The defendant shall not incur new credit charges or open additional lines of credit without approval of the probation officer, unless the defendant is in compliance with the installment payment schedule. The defendant shall pay restitution in the amount of $63,924.03.

3.

On February 10, 2004, the defendant' conditions were modified to include: s 4. The defendant shall participate in a program of testing and treatment for drug and alcohol abuse.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attached hereto and herein incorporated by reference.

PRAYING THAT THE COURT WILL ORDER that the pending probation violation hearing be vacated and the defendant' conditions of probation be modified to include a special condition requiring the defendant to reside in and s comply with the rules of a Community Corrections Center, for a period of up to 180 days. ORDER OF THE COURT Considered and ordered this ___6th____ day of March, 2006, and ordered filed and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/Emily Valentin Emily Valentin U.S. Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Court Judge

Place: Denver, Colorado Date: March 2, 2006

Case 1:01-cr-00154-WYD

Document 51
ATTACHMENT

Filed 03/06/2006

Page 2 of 2

The petition is based on the following facts: Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Probation signed by the defendant on December 17, 2001. Her signature on that occasion acknowledged that the conditions had been read and explained to her, that she fully understood said conditions, and that she was provided a copy of them. The term of probation commenced December 4, 2001. Based on the defendant' history of failure to follow instructions and failure to report to the probation s officer, the Court issued a probation violator' warrant on January 25, 2006. The defendant was arrested s on this warrant on February 9, 2006. The defendant has been incarcerated since her arrest and a violation hearing is scheduled for April 27, 2006, at 4:00 p.m. The defendant is in need of increased supervision and is amenable to community corrections placement. With agreement from all parties, the Probation Department proposes that the violation hearing be vacated and that the defendant' conditions of probation be modified to include placement in a Community s Corrections Center for a period of up to 180 days. Attached hereto as Exhibit B and incorporated by reference is a signed statement executed by the defendant and defense counsel, Michael Andre, which waives the right to hearing and agrees to the proposed modification of the defendant' conditions of probation. This modification is contingent upon the defendant s remaining incarcerated until such time there is bedspace available in the Community Corrections Center.