The Court hereby ORDERS that DAVID LEE ARNETTE be CONDITIONALLY RELEASED from custody of the Bureau of Prisons pursuant to 18 U.S.C. § 4243(f) on August 17, 2011. The Bureau of Prisons will arrange Mr. Arnette's transportation by air to Sacramento. Mr. Arnette will be met at the Sacramento International Airport by his probation officer who will transport him to a halfway house as detailed in the conditions of release.
Pursuant to 18 U.S.C. § 4243(f), the director of the United States Medical Facility at Springfield, Missouri has determined that Mr. Arnette "has recovered from his mental disease or defect to such an extent that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to another person or serious damage to property of another." The director has also certified the release conditions ordered below.
Accordingly, pursuant to 18 U.S.C § 4243(f)(2), the Court finds that Mr. Arnette's "conditional release under a prescribed regimen of medical, psychiatric or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another." The Court orders, as an explicit condition of release, that Mr. Arnette comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.
18 U.S.C. § 4243(f)(2)(B).
IT IS ORDERED that Mr. Arnette be conditionally released from custody on August 17, 2011. His release is contingent upon his compliance with the following conditions:
1. Mr. Arnette will be supervised by the United States Probation Office in the Eastern District of California.
2. Mr. Arnette shall reside at P.T.L.C., XXXXX, Sacramento, CA 95818.*fn1 Any move from this facility must be approved in advance by his supervising U.S. Probation Officer. Further, the Probation Officer shall be notified immediately should Mr. Arnette move from the residence. Further, the Probation Officer shall be notified if the defendant absents himself from the facility outside core curfew hours (9:00 p.m. to 6:00 a.m.) or otherwise leaves the facility without the approval of the supervising Probation Officer.
3. Mr. Arnette shall participate in a program of mental health treatment and will go to a treatment provider approved by the supervising U.S. Probation Officer and cooperate with the prescribed medication regimen including the procedures utilized by the community provider to distribute medications including the use of injections.
4. Mr. Arnette will agree to a release of information between the U.S. Probation Office and all treatment providers.
5. Mr. Arnette will abstain from using alcohol or illicit drugs while released in the community, and shall submit to random urinalysis testing to test for those substances as directed by the Probation Officer.
6. Mr. Arnette will not be in possession of any type of weapons or firearms. He will not attempt to purchase any weapons or firearm.
7. Mr. Arnette will notify the probation officer within 72 hours of being arrested or questioned by law enforcement officials.
8. Mr. Arnette will submit to a warrantless search of person and property by law enforcement officials or the Probation Officer supervising him with or without probable cause or reasonable suspicion.
9. Mr. Arnette will submit to laboratory testing, breathalyzer and other tests necessary to determine medication ...