Tuesday, November 07, 2006

Mental Health Treatment, Counseling Conditions Improperly Imposed

U.S. v. Hopson, 2006 WL 3095883 (11/2/06)(unpub'd) - An important case now that the probation office is giving us notice of its proposed supervised release conditions. The d.ct. did not have a proper basis to impose conditions requiring mental health treatment and domestic violence counseling where there was no evidence of a connection between any mental health problems and the offense, which involved taking public housing assistance without reporting it as income. There was no evidence the defendant's husband's domestic violence convictions had anything to do with the offense.