FINDING NOT IN THE INTEREST OF JUSTICE

Transcription

1 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS FINDING NOT IN THE INTEREST OF JUSTICE Pursuant to Article of the Texas Code of Criminal Procedure, which requires as a mandatory condition of bond that the above defendant, charged with an offense under Texas Penal Code Chapter 49.08, have installed an ignition interlock device, a determination has been made by the magistrate that said Order would not be in the interest of justice. In lieu thereof the above named defendant is hereby ORDERED To comply with the Court s ORDER REQUIRING MOTOR VEHICLE IGNITION INTERLOCK (DLD), SECURE CONTINUOUS ALCOHOL MONITOR (SCRAM), OR PORTABLE ALCOHOL MONITOR issued this date. To comply with the Court s ORDER REQUIRING PERIODIC DRUG TESTING OR DRUG MONITOR PATCH issued this date. Other: ORDERED SIGNED and ENTERED on _

2 BOOK-IN # WARRANT # THE STATE OF TEXAS IN THE CENTRAL MAGISTRATE VS. OFFICE WICHITA COUNTY, TEXAS CONDITION OF BOND mental health or drug rehab The Defendant,, is hereby Ordered to comply with these special terms as a condition of bond. If, after an evidentiary hearing, the Court determines that the Defendant has failed to comply with the terms and conditions attached to the bond, the Court will issue an order revoking said bond. These terms and conditions shall take effect immediately. Defendant shall not ingest, inject, or inhale any alcohol, nor any controlled substance or dangerous drug (as listed and defined in the Texas Controlled Substance Act and Texas Dangerous Drug Act) other than medications validly prescribed for him by a licensed physician. Defendant shall commit no new offense against the laws of the State of Texas or of the United States. Defendant shall not voluntarily absent himself from an assigned treatment program prior to completion of the program. Defendant shall immediately enter a treatment program at his/her own expense at facility, and shall remain there for the duration of the treatment program. Once the program is completed, Defendant will notify the Court of his/her current address and phone number. Defendant will follow all rules and guidelines of said program, both inpatient and outpatient. Faculty of the treatment program shall provide this Court with weekly reports of Defendant s attendance and compliance with the above order. ORDERED, SIGNED AND ENTERED this day of, 20 Criminal I acknowledge receipt of a copy of this addendum to my personal bond and I understand the terms thereof. Further, I acknowledge that attendance at this treatment program is at my request. Defendant Compliance reports to: Central s Office 900 Seventh Street, Room 130 Wichita Falls, Texas (940) (940) fax Rev

3 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS ORDER ON MOTION TO RELEASE/MODIFY CONDITIONS OF BOND On this day of, 20, came to be considered Defendant s Motion to Release or Modify Condition(s) of Bond. Those conditions were put in place by magistrate s order under authority of Texas Code of Criminal Procedure Chapter 17 and were determined to be reasonable, effective in assuring defendants appearance at trial and were in the best interest of victim and/or community safety. After careful review of the grounds put forth in defendant s Motion, the terms of defendant s bond condition(s) and the totality of the circumstances, it is ORDERED that defendant s Motion is not well taken and the same should be, and hereby is DENIED. ORDERED, SIGNED AND ENTERED this day of, 20

4 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS RELEASE OF CONDITIONS OF BOND At hearing the of the Central s Office has determined that further imposition of the condition of bond requiring periodic drug testing imposed, 20 in the above cause is no longer in the interest of justice and the bond condition so imposed should be and hereby is removed. All other provisions of the bond condition order remain in effect. ORDERED, SIGNED AND ENTERED this day of, 20 Rev

5 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS RELEASE OF CONDITIONS OF BOND At hearing the of the Central s Office has determined that further imposition of the condition of bond imposed in the above cause is no longer in the interest of justice and the bond conditions so imposed should be and hereby are removed. ORDERED, SIGNED AND ENTERED this day of, 20 Rev

6 BOOK-IN #AE9131 WARRANT #6675 (Haskell Co.) THE STATE OF TEXAS IN THE CENTRAL MAGISTRATE VS. OFFICE ALAN SHANE FOSTER WICHITA COUNTY, TEXAS TRANSFER OF JURISDICTION - CONDITIONS OF BOND As a condition of release on bond and in accordance with TCCP and TCCP (mandatory condition), bond conditions were imposed under s Order on the 6 th day of June, The original charge having been filed in Haskell County, jurisdiction for the continuing bond condition and compliance supervision thereof are ORDERED transferred to the district Court of Haskell County, Texas. ORDERED, SIGNED AND ENTERED this day of, 20 Rev

7 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS CONDITIONS OF BOND As a condition of release on personal bond and in accordance with TCCP it is hereby ORDERED that the above Defendant shall submit to home curfew and electronic monitoring under the supervision of Recovery Healthcare, the agency designated by the magistrate. Costs of monitoring are ordered to be paid directly by the defendant as a condition of bond. Home curfew hours ordered for the defendant are: Mondays through Fridays from 6:00 p.m. through 5:00 a.m., and Saturdays and Sundays from 8:00 p.m. through 5:00 a.m. Defendant s current home address is: Defendant shall notify the Central Office of any change of home address within 5 days of such change. If, after a hearing to show good cause, the Court determines that the Defendant has failed to comply with or has violated the terms and conditions of his release on bond, the Court may revoke said bond and return the Defendant to custody. ORDERED, SIGNED AND ENTERED this day of, 20 Rev

8 BOOKIN NO. RETURN DEFENDANTS D.A. NO. ORGINAL SIGNATURE THE STATE OF TEXAS TO CMO IN THE JUSTICE COURT VS CONDITION OF BOND WICHITA COUNTY Sitting as magistrate ORDER REQUIRING SECURE CONTINUOUS ALCOHOL MONITOR (SCRAM), OR PORTABLE ALCOHOL MONITOR Pursuant to Article 17.40, Texas Code of Criminal Procedure, in the interest of victim and community safety, the Court hereby ORDERS the following as condition of defendant's bail: 1. You are PROHIBITED from consuming any alcoholic beverage while on bond. A SCRAM or monitor failure result will be considered a violation of the terms of your bond. Failure to obey this court order will be considered as a violation of the terms of your bond. If it is shown that you have violated a condition of your bond, your bond will be revoked and you will be immediately returned to custody. Failure to appear for a scheduled bond condition violation hearing will be considered a violation of the condition of bond. 2. You may contact one of the following: Smart Start , Draeger Interlock or Recovery Healthcare Corporation to obtain device information and pricing. 3. Report to the Central Office at 900 Seventh Street, Room 130 or call (940) within 5 days of release to notify our office which agency you will be using for services. A copy of your court order will be sent to that provider. 4. Abide by all conditions of your monitor s program. You are responsible for all costs and fees. 5. Have the SCRAM installed or monitor activated within thirty (30) days of release on bond. 6. You are to have the SCRAM or monitoring unit calibrated at designated intervals. Any non- compliance will be reported directly to the Court. 7. Commit no new offense against the State of Texas, any of it s subdivisions, any other state, or the United States. 8. At final disposition of your case return to the Central Office to obtain the necessary court order to have Smart Start, Draeger or Recovery Healthcare remove and deactivate your device. Signed and entered, 20 Offender Signature Offender Address / Apt # City, State, and Zip 1. Report to the CMO at 600 Scott St, Suite 202 or call (940) within 5 days of rele 2. Offender Phone # Date of Birth DL Number SSN ANY QUESTIONS REGARDING THIS COURT ORDER MAY BE DIRECTED TO THE CMO AT , OR BY FAX REV:

9 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS CONDITIONS OF BOND-CHILD UNDER 14 ALLEGED VICTIM Pursuant to Article of the Texas Code of Criminal Procedure, it is hereby ordered as a mandatory condition of bond, that the above defendant, who is charged with an offense under Texas Penal Code Chapter 21, Chapter 22, Section or Section 43.25, committed against a child younger than 14 years of age, is hereby PROHIBITED FROM (a) communicating directly with the alleged victim of the offense; (child name and DOB) (custodial guardian) (b) going near (within 1,500 feet of) the residence, school or other location frequented by the alleged victim of the offense, to wit: Residence: School: Other location frequented by the alleged victim: To the extent that this order conflicts with an existing court order granting possession of or access to a child who is the alleged victim of the offence referenced above, the conditions of this order shall prevail for a period of ninety (90) days from the date of this Order. All terms of this condition of bond NOT in conflict with an existing court order granting possession of or access to the alleged victim shall continue in full force and effect until final disposition of the above styled cause. Absent an existing court order granting possession of or access to the alleged victim, all orders contained herein shall continue in full force and effect until final disposition of the above styled cause. If, after notice and hearing limited to determining whether the Defendant has violated a condition of bond herein imposed, the magistrate finds that the violation occurred, the magistrate shall revoke the defendant s bond and order that the defendant be immediately returned to custody. These terms and conditions shall take effect immediately. Failure to appear for a scheduled bond condition violation hearing will be considered a violation of the condition of bond

10 BOOKIN NO. THE STATE OF TEXAS Vs RETURN DEFENDANT S ORIGINAL SIGNATURE TO CMO D.A. NO. IN THE JUSTICE COURT WICHITA COUNTY Sitting as magistrate CONDITION OF BOND REQUIRING PERIODIC DRUG TESTING OR DRUG MONITOR PATCH Pursuant to Article 17.40, Texas Code of Criminal Procedure and in the interest of community safety, the Court hereby ORDERS the following as a condition of and for the duration of defendant's bail: 1. The above named defendant shall not ingest, inhale, inject or otherwise use any controlled substance as defined in Health and Safety Code Section ; 2. The defendant shall be tested (either urine on a weekly basis, blood on a bi-monthly basis or hair follicle testing on a 90 day basis) by a provider approved by the court, for evidence of the presence of a controlled substance or, in the alternative the defendant shall wear an approved drug detection patch. 3. Report to the Central Office (CMO) at 900 Seventh Street, Room 130 or call (940) within 5 days of release to notify our office which method and agency you will be using for services. First testing of urine, blood, hair or application of the monitor patch shall be done within 7 days of defendant s release. 4. You are to report to one of the following: Any Lab Test Now (urine, hair or blood), 3916 Kemp Blvd, suite J-1, , M-F 8:30 am-6:30 pm, Sat 10 am-3 pm; Drug and Alcohol Testing Compliance Services (DATCS), 4701 Southwest Parkway Suite 18, , testing M-F, 8:00 am 5:00 pm; S & A Services (urine, hair or blood), 909 Eighth Street suite 401, ; Helen Farabee Regional MHMR Center (urine testing) 500 Broad Street, , testing hours M-Th 8-11 am and 2-4 pm; or Recovery Healthcare Corporation (drug detection patch). 5. Defendant shall provide the court with copies or other proof acceptable to the court of any valid current prescriptions for pain medications, anti-depressants or other prescribed pharmaceuticals which may interfere with accurate test results. Proof must be on file within 7 days of release on bond or, in the event of a new prescription, within 7 days of issuance. 6. All costs of testing or monitoring are the responsibility of the defendant and shall be paid when due. Providers require photo ID and cash payment at time of testing. The defendant shall order the testing lab to provide to the Central Office a copy of the results of each test submitted. Results may be mailed or faxed by the laboratory directly. Defendant delivered copies are not acceptable. 7. Failure to timely submit to testing, failure to continuously submit to testing, attempting to falsify a test, testing positive for the presence of non-prescribed controlled substances, or tampering with an applied drug detection patch will be considered a violation of the condition of your bond. Failure to appear for a scheduled bond condition violation hearing will be considered a violation of the condition of bond. 8. Defendant shall not commit any new offense against the laws of Texas, any other state or the United States. 9. If, after a hearing to show good cause, the Court determines that the Defendant has failed to comply with or has violated the terms and conditions of his release on bond, the Court may revoke said bond and return the Defendant to custody. 10. Upon final disposition of your case, return to CMO for the Order to discontinue testing/monitoring. Ordered, signed and entered Offender Signature Offender Address / Apt # City, State, and Zip Offender Phone # Date of Birth DL Number SSN ANY QUESTIONS REGARDING THIS COURT ORDER MAY BE DIRECTED TO THE CMO AT , OR BY FAX REV:

11 BOOKIN NO. RETURN DEFENDANTS D.A. NO. ORGINAL SIGNATURE THE STATE OF TEXAS TO CMO IN THE JUSTICE COURT VS CONDITION OF BOND WICHITA COUNTY Sitting as magistrate ORDER REQUIRING MOTOR VEHICLE IGNITION INTERLOCK (DLD), SECURE CONTINUOUS ALCOHOL MONITOR (SCRAM), OR PORTABLE ALCOHOL MONITOR Pursuant to Article and/or Article 17.40, Texas Code of Criminal Procedure, the Court hereby ORDERS the following as condition of defendant's bail: 1. You are PROHIBITED from consuming any alcoholic beverage while on bond. A SCRAM, DLD or monitor failure result will be considered a violation of the terms of your bond. Failure to obey this court order will be considered as a violation of the terms of your bond. If it is shown that you have violated a condition of your bond, your bond will be revoked and you will be immediately returned to custody. Failure to appear for a scheduled bond condition violation hearing will be considered a violation of the condition of bond. 2. Do not operate a motor vehicle unless the vehicle is equipped with a DLD with a BAC calibration of.030% for the duration of this bond or until the Court allows you to have the device removed. If you will not be operating a motor vehicle, you shall arrange to be monitored by a SCRAM or portable alcohol monitor. 3. You may contact one of the following: Smart Start , Draeger Interlock or Recovery Healthcare Corporation to obtain device information and pricing. 4. Report to the Central Office at 900 Seventh Street, Room 130 or call (940) within 5 days of release to notify our office which agency you will be using for services. A copy of your court order will be sent to that provider. 5. Have a certified DLD installed in ANY car you drive or have the SCRAM device attached to your ankle or obtain the home monitoring device by or from an approved provider. Abide by all conditions of your monitor s program. You are responsible for all costs and fees. 6. Have the DLD or SCRAM installed or monitor activated within thirty (30) days of release on bond. 7. Do not attempt to adjust, tamper with, alter or circumvent the SCRAM, DLD or monitor system or the electrical wiring to the unit, or the ignition system, nor remove the unit from the designated vehicle or person. It may be necessary for the proper performance of the DLD that some electrical systems not necessary for the safe operation of the vehicle may be disconnected. 8. Provide current evidence of financial responsibility for the designated vehicle(s) and maintain said responsibility for as long as the DLD is installed. 9. You are to have the SCRAM, DLD or monitoring unit calibrated at designated intervals. Any non- compliance will be reported directly to the Court. 10. At final disposition of your case return to the Central Office to obtain the necessary court order to have Smart Start, Draeger or Recovery Healthcare remove and deactivate your device. Signed and entered, 20 Offender Signature Offender Address / Apt # City, State, and Zip 1. Report to the CMO at 600 Scott St, Suite 202 or call (940) within 5 days of rele 2. Offender Phone # Date of Birth DL Number SSN ANY QUESTIONS REGARDING THIS COURT ORDER MAY BE DIRECTED TO THE CMO AT , OR BY FAX REV:

12 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS CONDITIONS OF BOND - STALKING In accordance with CCP 17.46, the above Defendant, having been charged with an offense under Section Texas Penal Code (Stalking) is hereby ORDERED to comply with the below described terms as condition of bond. These terms and conditions shall take effect immediately, and shall remain in force throughout the term of said bond. THE DEFENDANT SHALL NOT COMMUNICATE DIRECTLY OR INDIRECTLY WITH THE VICTIM(S) (name/dob); THE DEFENDANT SHALL NOT GO NEAR (WITHIN FEET) OF THE: RESIDENCE OF THE VICTIM(S): THE PLACE OF EMPLOYMENT OR BUSINESS OF THE VICTIM(S): SCHOOL, DAYCARE FACILITY, OR SIMILAR FACILITY WHERE A DEPENDENT CHILD OF THE VICTIM IS IN ATTENDANCE: At a hearing limited to determining whether the Defendant violated a condition of bond imposed herein, the may revoke the Defendant s bond only if the finds by a preponderance of the evidence that the violation occurred. If the finds that the violation occurred, the shall revoke the Defendant s bond and order that the Defendant be immediately returned to custody. ORDERED, SIGNED AND ENTERED this day of, 20 I acknowledge receipt of a copy of this Order conditioning my bond and I understand the terms thereof. Defendant Rev

13 BOOK-IN # DA # THE STATE OF TEXAS IN THE CENTRAL VS. MAGISTRATE OFFICE WICHITA COUNTY, TEXAS CONDITIONS OF BOND STAY AWAY ORDER In accordance with CCP and in the interest of victim and/or community safety, the above Defendant, having been charged with an offense under the Texas Penal Code, is hereby ORDERED to comply with the below described terms as condition of bond. These terms and conditions shall take effect immediately, and shall remain in force throughout the term of said bond. THE DEFENDANT SHALL NOT COMMUNICATE DIRECTLY OR INDIRECTLY WITH THE VICTIM(S) (name/dob); THE DEFENDANT SHALL NOT GO NEAR (WITHIN FEET) OF THE: RESIDENCE OF THE VICTIM(S): THE PLACE OF EMPLOYMENT OR BUSINESS OF THE VICTIM(S): SCHOOL, DAYCARE FACILITY, OR SIMILAR FACILITY WHERE A DEPENDENT CHILD OF THE VICTIM IS IN ATTENDANCE: At a hearing limited to determining whether the Defendant violated a condition of bond imposed herein, the may revoke the Defendant s bond only if the finds by a preponderance of the evidence that the violation occurred. If the finds that the violation occurred, the shall revoke the Defendant s bond and order that the Defendant be immediately returned to custody. ORDERED, SIGNED AND ENTERED this day of, 20 I acknowledge receipt of a copy of this Order conditioning my bond and I understand the terms thereof. Defendant Rev

14 Mandatory bond condition information Pursuant to C.C.P (WHEN THE VICTIM IS A CHILD UNDER AGE 14) This offense is : a Chapter 21 offense (Sexual Offenses) a Chapter 22 offense (Assaultive Offenses) Prohibited Sexual Conduct Sexual Performance by a Child The offense was committed against a child younger than 14 years of age. The victim is: (Pseudonym or name as appropriate). Custodial Parent or Guardian The locations the defendant may not go near are as follows: the victim s residence school or other location