Respond to the following Evaluation Needs Summary Outline and provide meaningful feedback. Your feedback is most helpful if you not only point out weaknesses, but also offer suggestions for improvement. Your response should be at least 100 words in length.
Community Corrections
Unit 4 Discussion Board
By Steven Risner
Colorado Technical University
December 2017
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Name: Robert J. Ericson
DOB: January 15 th , 1980
Race: Caucasian
Adult Record:
First misdemeanor was at age 23 for driving under the influence of alcohol.
Second misdemeanor was at age 28 for possession of 1 ounce of marijuana.
First felony for grand theft at age 34.
Probation History:
Defendant has successfully completed all prior probation terms and agreements with the court, and his felony offense was vacated upon his last probation termination.
Official version of the offense: Mr. Ericson was stopped and detained in the parking lot of a Motel 6 after exiting one of their guest rooms. The motel in question was under police surveillance at the time during a drug sales investigation. Upon exiting the room Mr. Ericson was stopped by plainclothes officers and questioned as to his whereabouts in exiting room number 105. He appeared to be under the influence of narcotics, and was asked to be searched. He agreed to the search and it was discovered he had a plastic bag filled with cocaine. He was arrested at that time for possession of a controlled substance, along with being under the influence of narcotics. He was then transported to the San Mateo County Detention Facility. Detectives later weighed the cocaine evidence, and there was 14 grams of substance.
Plea Bargain: Counsel for the defendant is proposing a presentence intervention program (PSIP) of which the arraignment and hearing be transferred to a drug court.
Custody Status: Defendant was able to secure a bond of $20,000, and has been released from custody with orders to submit to chemical testing twice a week through the drug court intervention pre-sentence division department.
Gang Affiliation: Defendant has no known gang affiliations or other organized crime participation.
Background and Ties to the Community: Mr. Ericson works for the City of San Mateo street and sewer crew. He attends regular city fundraisers, and is a member of a local softball team. He makes donations to various departments within the city when he can.
Substance Abuse History: Defendant has admitted that he smokes marijuana occasionally, and drinks alcohol on the weekends. It appears that he may have a substance abuse issue with cocaine.
Physical Health: Defendant is nearly 38 years old and has back and shoulder issues of pain and discomfort. He has also been diagnosed with flat feet and heel spurs. This is also a medical condition which attributes to his discomfort.
Mental Health: Defendant feels depressed and hopeless at times. He is easily agitated and has a lot of anxiety. He also suffers from panic attacks.
Financial circumstances: Defendant is divorced with one child (not in his custody), who he pays child support for. He lives in a small two-bedroom home which is financed, and all mortgage payments are up to date. He also has a checking and savings account, along with a retirement plan in the city’s 401k account.
Employment history: Mr. Ericson has been employed by the city of San Mateo for 15 years and has no negative reports or actions taken against him during this time.
Education history: The defendant has a high school diploma.
Victim impact statement: There are no known victims or property loss associated with this indictment.
Military record: The defendant is a veteran with four years of Army service, and an honorable discharge.
Evaluative Needs Summary Report
Based on the defendants’ history of compliance with court obligations, I would hereby recommend a suspended sentence of one year in the county jail, a $1500 fine, 3 years of supervised probation with an 18-month review and possible transfer to standard court probation. I would also recommend a 1 year out-patient drug and alcohol treatment program along with regular chemical testing. Upon completion of all requirements I would propose the conviction being dropped to a misdemeanor.
This matter is being decided in the adult superior court of San Mateo County.
Other sentencing options would include a six month to one-year county jail sentence to be served at a work center where the defendant may leave custody daily to remain employed by the city of San Mateo, and not lose his home residence to any foreclosures. A felony conviction would be imposed along with a $3000 dollar fine, and supervised probation for one year following. I would further recommend an expungement of his felony conviction after five years upon successful completion of all orders and judgements of the court. Although the defendant has committed prior bad acts, I think that his risk assessment to recidivate would be lower if given the opportunity for further treatment. My first recommendation is the one I would prefer to decide for the defendant.
References
Smykla, John & Bayens, Geary (2012).
Probation, Parole, and Community Based Corrections
Published by McGraw-Hill Education
Chapter4 (pages 93-109).
CTU Week 4 Learning Materials
Diversion Programs
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