By Madison Whittemore
WOODLAND, CA – After a lengthy argument Tuesday here in Yolo County Superior Court by Deputy Public Defender Stephen Betz, Judge David Power denied a request to release a man on his own recognizance to Walter’s House (an addiction treatment center), claiming the accused would not benefit from this type of intervention.
The accused man is charged with a pending misdemeanor count of driving under the influence of alcohol and a felony count of violation of community supervision post release. The accused was recently arrested for a violation of his SCRAM (alcohol monitoring device) and is currently in custody.
Deputy District Attorney Martha Wais said, “He [the accused] came in and was .40 on his SCRAM,” adding he had a “no alcohol cause on both his PRCS [Post Release Community Supervision] and his misdemeanor driving under the influence case.”
In response, DPD Betz explained that “there is a jury trial set on the DUI and the misdemeanor case on Aug. 14. I am asking that bail be set on the PRCS case.”
Betz added, “In the meantime, I would ask that the court order that if the court is going to keep him in custody that he could be released if a bed becomes available. He does indicate that he is on a waitlist for a treatment program at Walter’s House.” DPD Betz added that the accused was about 30 days out on the waitlist.
However, Judge Power disputed this argument, noting the accused clearly had a “serious, chronic, and unaddressed alcohol problem” and release from custody would jeopardize both public safety and the accused’s own “self-care and wellness” while not being an effective form of intervention.
“The court is interested in him [the accused] going into a program but as a part of that he would have to waive all his day credits so it’s dead time if he doesn’t complete (the program),” Power added. This means that the accused would not receive credit if he did not complete said treatment program.
Judge Power continued to question the accused’s competency to complete a treatment program, once again highlighting to the defense that “you don’t get time for a program that you don’t complete.”
DPD Betz acknowledged this concern, but pointed out that the accused would be residing in a “residential structure program” where he would allegedly be supervised to ensure completion of the program.
“I think that waiving credits under those circumstances is lawful. It may be a surprise but my recollection is that it is lawful; given his serious chronic and unaddressed alcohol problem I think that’s an appropriate intervention,” Judge Power added.
Disagreeing with Judge Power, DPD Betz argued, “I think what that does it sends a message to (the accused) that the only way he’s going to get treatment is if he waives credits which is punitive to him,” further adding that he will contest the PRCS violation at the next hearing.
DDA Wais suggested scheduling an Early Disposition Conference (EDC) due to the extended arguments between Judge Power and DPD Betz regarding residential structure programs, to which DPD Betz and Judge Power agreed.
The EDC is scheduled for July 14 and the accused “will be held no bail on PRCS.”
