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Court Allows GPS Tracking With Curfew for Defendant in Recovery, Orders Monthly UAs and 30-Day Review
Summary
A defendant participating in an intensive outpatient program at Starlight Recovery will move from full house arrest to GPS tracking with a curfew and monthly urine analyses with probation access to treatment drug-test results; the court set a 30-day reset to review compliance.
The court adjusted monitoring and supervision conditions for a defendant who had been in residential treatment and was participating in an intensive outpatient program (IOP) at Starlight Recovery. The court ordered GPS tracking with a curfew, monthly urine analyses under probation supervision, and a 30-day review to determine whether full house arrest should be removed.
The case arose during a status hearing in which the defendant, identified in court as Miss Ferguson, described being released from Starlight Recovery and attending a 24-session IOP program held three nights a week. Probation reported positive participation and the program provided completion documentation; the program was described on the record as a 24-course IOP that typically runs six to eight weeks.
Probation and defense discussed drug testing procedures. The court directed monthly UAs to be administered by probation and required the defendant to sign a release so probation could receive the program’s drug-test results. The court also acknowledged Starlight’s random testing schedule (reported to occur up to four times monthly) and said probation would still conduct independent testing.
On the GPS question, defense asked that the ankle monitor be removed because the defendant had completed treatment. The court decided to change the device to tracking-only with a curfew (the parties were to agree on curfew hours and report them to the court) and set a 30-day recall; defense counsel may return to court in 30 days to request removal of the GPS if there are no violations. The court noted that the GPS had been imposed originally as a sanction and that the sanction had been served in part by the defendant’s treatment participation.
The court also instructed that if the defendant found employment and had shown compliance, she could appear by Zoom for a future check-in. The judge set an initial reset/recall in 30 days to monitor progress and ordered the defendant to sign a reset form before leaving the hearing.
The record shows the court discussed treatment completion certificates, the IOP schedule (three nights per week, evenings), and the need for probation access to program reports; the court emphasized that probation would perform independent UAs even if Starlight administered tests.
