Consolidation of Terms & Conditions of Probation upon Reconsideration

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO,
Plaintiff,

V.

STEVEN J. SITLER,
Defendant.

Case No. CR-2005-02027

CONSOLIDATION OF
TERMS AND CONDITIONS
OF PROBATION UPON
RECONSIDERATION

On December 23, 2015, a telephone conference was held to address the Defendant’s terms and conditions of probation. Dean Wullenwaber and Mark Monson participated on behalf of the Defendant. The Defendant did not participate. The State was represented by William W. Thompson, Jr.

On May 4, 2006, and the Defendant was placed on probation to the Idaho

Department of Correction at that time for a period of life; and that probation was modified on May 4, 2007; September 7, 2007; February 25, 2015; and July 31, 2015 (with the Order being issued on August 4, 2015). An order consolidating the terms and conditions of the Defendant’s probation was entered on September 8, 2015, nunc pro tunc to September 1, 2015. Good cause appearing and upon reconsideration and review of the case file, the Defendant’s Consolidated Terms and Conditions of Probation shall read as follows:

  1. Laws and Cooperation: The Defendant shall respect and obey all city, county, state and federal laws and have no law violations (other than a traffic infraction as defined by the State of Idaho), and shall comply with all lawful requests of his supervising probation officer including, but not limited to, participation in the intensive supervision caseload.
  2. Residence: The Defendant shall not change residence without first obtaining permission from his supervising probation officer.
  3. Reports: The Defendant shall submit a written, truthful report to his supervising probation officer each and every month and shall report in person on dates and at times specified by such probation officer.
  4. Travel: Except as provided in paragraph 24 below, the Defendant shall not leave Idaho or Defendant1 s assigned probation district of Clearwater, Idaho, Latah, Lewis, and Nez Perce counties without first obtaining written permission of his supervising probation officer.
  5. Employment: The Defendant shall seek and maintain gainful employment and, once such employment is secured, shall not change that employment or cause it to be terminated without first obtaining written permission from his supervising probation officer; or, in the alternative, if Defendant chooses to pursue education in a program approved by his supervising probation officer, Defendant shall enroll in such a program and not change his course of study or drop out without prior written permission of such probation officer.
  6. Alcohol: The Defendant shall not consume or possess alcoholic beverages in any form and will not enter upon any establishment where the sale of alcohol for consumption on the premises is a primary source of income; the Defendant shall submit to tests of his bodily fluids for traces of alcohol at the Defendant’s own expense whenever requested by his supervising probation officer or any agent of the Division of Probation and Parole of the Idaho Department of Correction. The Defendant shall submit to any testing deemed necessary by the his probation officer to determine if the Defendant has an alcohol abuse problem. The Defendant shall also submit to any counseling for alcohol abuse deemed warranted by his probation officer.
  7. Controlled Substances: The Defendant shall not use or possess any controlled substance unless lawfully prescribed for Defendant’s use; the Defendant shall submit to tests of his bodily fluids for traces of controlled substances at his own expense whenever requested by his supervising probation officer or any agent of the Division of Probation and Parole of the Idaho Department of Correction. The Defendant shall submit to any testing deemed necessary by his probation officer to determine if the Defendant has a substance abuse problem. The Defendant shall also submit to any counseling for substance abuse deemed warranted by his probation officer.
  8. Weapons: The Defendant shall not purchase, carry, or have in his possession any firearms or weapons.
  9. Search: The Defendant shall submit to a search of his person, vehicle, residence, and/or property conducted in a reasonable manner and at reasonable times by any agent of the Division of Probation and Parole of the Idaho Department of Correction in order to determine if the Defendant is complying with the terms and conditions of his probation.
  10. Payments: The Defendant shall:
    1. Pay restitution for counseling/treatment expenses of all of his victims including any in Stevens County, Washington, or any other jurisdiction (even though only one victim is named in the charging documents);

      The total of such sums shall be paid to the clerk of this Court in monthly installments in such amounts as directed by the Defendant’s supervising probation officer. All payments shall be made by cash, cashier’s or certified check or money order, and no personal checks will be accepted. The Defendant shall also be required to pay a $2.00 processing fee with each installment.

  11. Costs of Probation Supervision: The Defendant will comply with Idaho Code 20-225 by paying a fee of not more than $50.00 per month to the Idaho Department of Correction to help defray the costs of Defendant’s probation supervision at such times and in such amounts as his probation officer may direct.
  12. Association: The Defendant shall not associate with person(s) with whom his supervising probation officer directs him not to associate.
  13. Duration: Probation has been ordered for a specific length of time; however, probation shall not be terminated until the Court has both reviewed the performance of the probationer and has signed an order discharging the probationer. Probation is subject to extension for non-payment of costs, fines, and restitution or for unsatisfactory performance.

    14. Special Conditions of Probation:

  14. The Defendant shall not associate with any person under the age of eighteen (18) years, including his own child, unless another competent adult, who has previously been approved by the Defendant’s probation officer (a chaperone) is present, and who has line-of-sight supervision over the Defendant and any minor child.
  15. The Defendant shall not go to any city park, grade school, junior high or high school unless accompanied by another adult chaperone who has been previously approved by his probation officer.
  16. The Defendant shall register as a sex offender in accordance with Idaho Code 18-8304 through 18-8307 and similar laws of other jurisdictions.
  17. The Defendant shall submit to DNA testing in accordance with Idaho Code 19-5506.
  18. Until otherwise approved by Defendant’s supervising probation officer or further order of the Court, the Defendant shall have an approved chaperone with him whenever he is out of his residence and will comply with a schedule of his activities which must be approved in advance by his supervising probation officer or the probation officer’s designee.
  19. The Defendant shall have no contact of any nature whatsoever with his victims, or with the immediate families of those victims, unless that victim or that victim’s family desires to have contact with the Defendant and that desire has been made known in writing to the Idaho Department of Probation and Parole or this Court.
  20. The Defendant shall not possess binoculars, telescopes or any other vision enhancing devices.
  21. A supervision and treatment team consisting of the Defendant’s probation officer, Valley Treatment Specialties and Greg Wilson, and others as appropriate, will meet (personally or by conference call) on a regular basis to monitor the Defendant’s progress and assist the supervising probation officer in giving such direction as may be necessary and appropriate for the furtherance of the Defendant’s treatment while maintaining the protection of society. Recommendations may include, but are not limited to, customizing treatment programming, directing the Defendant’s activities as appropriate, etc.
  22. Repeat After Care: The Defendant will, at his own expense, repeat the After Care Program with Valley Treatment Specialties.
  23. Maintenance Polygraphs: The Defendant will, at his own expense, undergo maintenance polygraphs as directed by his supervising probation officer. The Defendant will answer all questions asked of him during the polygraph examinations truthfully. If any answer reveals deception it shall be a violation of Defendant’s Terms and Conditions of Probation.
  24. Travelling to Appointments: The Defendant is allowed to travel directly to his scheduled appointments with Dr. Wilson in Pullman, Washington, and return directly home without first obtaining a travel permit from his supervising probation officer if he notifies his probation officer on the Tuesday preceding the appointment. Otherwise, the Defendant must first obtain a written travel permit from his supervising probation officer.

DATED this 23rd day of December 2015.

John R. Stegner
District Judge

CERTIFICATE OF DELIVERY
I hereby certify that true and correct copies of the CONSOLIDATION OF TERMS AND CONDITIONS OF PROBATION UPON RECONSIDERATION were served on the following in the manner indicated below:

Dean Wullenwaber
Wullenwaber Law Firm
P.O. Box 452
Lewiston, ID 83501

Mark T. Monson
Mosman Law Office
P.O. Box 8456
Moscow, ID 83843

William W. Thompson, Jr.
Prosecuting Attorney
Latah County Courthouse
Moscow, ID 83843

Idaho DOC — Central Records
E-mail:

Idaho DOC — Dist 2 Probation & Parole
E-mail:

Idaho DOC — CCD Sentencing Team
E-mail:

HENRIANNE K. WESTBERG
Latah County Clerk of the Court