USA v. Haaff

Filing 87

ORDER adopting the 85 report and recommendation of the magistrate judge; granting Plaintiff's 82 motion for conditional release; conditionally releasing Defendant. Signed on 6/22/2020 by District Judge M. Douglas Harpool. (Levin, Benjamin)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
vs.
ERIC HAAF,
Defendant.

Case No. 6:94-CV-03099-MDH

ORDER
Before the Court is the Government’s Motion for Conditional Release. (Doc. 82). Pursuant
to the governing law and in accordance with Local Rule 72.1 of the United States District Court
for the Western District of Missouri, the government’s motion was referred to the United States
Magistrate Judge for preliminary review under 28 U.S.C. § 636(b).
The Magistrate Judge submitted a report and recommendation to the undersigned wherein
he found by a preponderance of the evidence that Defendant has recovered from his mental disease
or defect to such an extent that 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 and recommended the Motion
for Conditional Release be granted subject to the condition enumerated by the warden. (Doc. 85).
Defendant agreed to waive the statutory 14 day waiting period in which to file exceptions.
Therefore, the matter is ripe for review. After a review of the record before the Court, including
the Risk Assessment Report (Doc. 82-1), the Court agrees with the Report and Recommendation
issued by the Magistrate Judge and in accordance with such:

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IT IS HEREBY ORDERED that the report and recommendation (Doc. 85) of the United
States Magistrate Judge is ADOPTED and that the government’s Motion for Conditional Release
(Doc. 82) is GRANTED.
IT IS FURTHER ORDERED that Defendant be, and is hereby, conditionally released
pursuant to Title 18 U.S.C. § 4246(e) under the following conditions:
1. That, when a bed is available, he shall reside at New Vision House of Hope transitional
living program located at 3927 Ridgewood Avenue, Baltimore, Maryland, 21215. He shall
remain at said residence at the direction of the U.S. Probation Officer. Any change from
this residence shall be approved by the U.S. Probation office in advance.
2. That he shall be supervised by U.S. Probation and follow all instructions given by the
supervising Probation Officer.
3. That he shall actively participates in, and cooperate with, a regimen of mental health care,
drug and alcohol treatment, sex offender treatment, and psychiatric aftercare as directed by
the U.S. Probation Officer and administered by the treating mental health provider. This is
to include his voluntary admission to an inpatient facility for stabilization should it be
deemed necessary. He shall follow all the rules, regulations and instructions of the
treatment staff and comply with the treatment regimen recommended.
4. That he shall continue to take such medication, including injectable units, as shall be
prescribed for him by the medical provider.
5. That he shall waive his rights to confidentiality regarding his mental health treatment in
order to allow sharing of information with the supervising U.S. Probation Officer and other
mental health treatment providers, who will assist in evaluating his ongoing
appropriateness for community placement.
6. That he shall refrain from the use of alcohol and illegal drug usage, as well as the abuse of
over-the-counter medications, and submit to random urinalysis testing as warranted by
treating mental health staff and/or the probation officer. This also includes participating in
substance abuse treatment as deemed necessary.
7. That he shall not have in his possession at any time actual or imitation firearms or other
deadly weapons and he may not write, say or communicate threats. He shall submit to a
warrantless search on request of his U.S. Probation Officer or any law enforcement officer
of his person or property for the purpose of determining compliance with this provision
and shall permit confiscation of any such contraband .
8. That he shall not travel outside the District of Maryland without prior approval from his
supervising U.S. Probation Officer.
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IT IS SO ORDERED.
DATED:

June 22, 2020
/s/ Douglas Harpool______________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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