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Eaton Sentenced


By admin - Posted on 21 March 2012

On March 13th, 2012, Douglas Eaton of White Sulphur Springs was sentenced. Eaton had previously pled guilty to Aggravated Burglary.

Eaton was sentenced to the Department of Corrections for a period of 15 years, with 10 suspended.

Eaton is currently in the Meagher County Jail awaiting transport to the Department of Corrections Missoula Assement and Sanction Center.

Eaton is also under the supervision of the Montana Department of Corrections and he shall be subject to all of the standard rules and regulations of the Adult Probation and Parole Bureau, when he is released from prison.

He shall obtain the prior approval of his supervising officer before taking up residence in any location.

He shall not change his place of residence without first obtaining written permission from his supervising officer or the officer's designee.

He shall make any residence he resides in open and available to his supervising officer or the officer's designee for a home visit or for a search upon reasonable suspicion.

He shall not own dangerous or vicious animals and shall not use any device that would hinder his supervising officer or the officer's designee from visiting or searching the his residence.

He shall obtain permission from his supervising officer or the officer's designee before leaving his assigned district.

He must seek and maintain employment or maintain a program approved by the Montana Department of Corrections Board of Pardons and Parole or his supervising officer. Unless otherwise directed by his supervising officer, he shall inform his employer and any other person or entity, as determined by the supervising officer, of his status on probation, parole, or other community supervision.

He shall submit written monthly reports to his supervising officer on forms provided by the Montana Department of Corrections, Probation and Parole Bureau. He shall personally contact his supervising officer or such officer's designee as directed.

He shall not use, own, possess, transfer, or control any firearm, ammunition (including black powder), weapon, or chemical agent such as oleoresin capsicum or pepper spray.

He must obtain permission from his supervising officer before engaging in a business, purchasing real property, purchasing an automobile, or incurring a debt.

Upon reasonable suspicion that Eaton has violated the conditions of this sentence and judgment and or his supervision, a probation and parole officer may search his person, vehicle, and residence. Eaton shall submit to any such search. A probation and parole officer may authorize a law enforcement agency to conduct a search, provided the probation and parole officer determines reasonable suspicion exists that Eaton has violated the conditions of this sentence and judgment and/or his supervision.

He shall comply with all municipal, county, state, and federal laws and ordinances and shall conduct himself as a good citizen.

He shall, within 72 hours, report any arrest or contact with law enforcement to his supervising officer or such officer's designee.

He shall be cooperative and truthful in all communications and dealings with any probation and parole officer and with any law enforcement agency.

Eaton is prohibited from using or possessing alcoholic beverages and dangerous drugs. The offender is required to submit to bodily fluid testing for drugs or alcohol on a random or routine basis without reasonable suspicion of wrongdoing.

He is prohibited from gambling.

He shall pay all fines, fees, and restitution ordered by the Court.

In accordance with Mont. Codes Ann. §44-6-1 03, Eaton shall submit a DNA sample as a convicted felon.

He shall obtain a chemical dependency evaluation by a state approved evaluator. The Defendant must pay for the evaluation and follow all of the evaluator's treatment recommendations.

Eaton shall obtain a mental health evaluation/assessment by a state approved evaluator. He shall pay for the evaluation and follow all of the evaluator's treatment recommendations.

Eaton shall successfully complete Cognitive Principles & Restructuring (CP&R) or a similar cognitive and behavioral modification program.

Eaton shall not enter any bars.

Eaton shall not enter any casinos.

He shall not knowingly associate with probationers, parolees, prison inmates, or persons in the custody of any law enforcement agency without prior approval from his supervising officer or their designee.

He shall not associate with persons as ordered by the court or the Montana Department of Corrections, Bureau of Probation and Parole.

Eaton shall advise all medical personnel of addiction history/conviction, including all prescribed narcotics and/or medical marijuana.

He shall inform his supervising officer of all prescriptions obtained from medical personnel prior to filling them. He shall take all prescription medications described and in the manner in which they were prescribed.

The use of marijuana, including medical marijuana, will be detrimental to his rehabilitation and to the safety of the community. Eaton is, therefore, prohibited from participating in any medical marijuana program and is prohibited from using marijuana while on supervision unless he requests and the court finds that, due to the his changed circumstances, medical marijuana will not be detrimental to the rehabilitation of the Defendant or to the safety of the community.

Eaton shall comply with all sanctions given as a result of any intervention, on-site (preliminary), or disciplinary hearing.

He shall enter and complete an Anger Management class to assist in dealing with his violent criminal behaviors.

Eaton shall not knowingly have any contact, oral, written, electronic or through a third party, with the victim(s) unless such contact is voluntarily initiated by the victim(s) through the Department of Corrections. DOC staff may notify the victims about the availability of opportunities for facilitated contact with their offenders without being considered "third parties".

He shall pay the following fees which are statutorily mandated:

Supervision fees of$ 21.00 per month in accordance with Mont. Codes Ann. § 4623-1031.

In accordance with Mont. Codes Ann. § 46-18-236 (l)(b), $20.00 for each felony offense.

Information technology assessment $10.00 per offense pursuant to Mont. Codes Ann. §3-1-317.

Costs of assigned counsel in the amount of $800.00 in accordance with Mont. Codes Ann. § 46-8-113.

$50.00 for preparation of the Pre-Sentence Investigation Report in accordance with Mont. Codes Ann. §46-18-111.

Reasons for Sentence:

Having considered, the Pre-Sentence Investigation Report, the sentencing policy and criteria set forth in Mont. Codes Ann. § 46-18-101 including, but not limited to, the age of the Defendant, the nature of the crime committed, the prospects for rehabilitation of the Defendant, the circumstances under which the crime was committed, the criminal history of the Defendant or lack thereof, the need to punish the Defendant commensurate with the nature and degree of the harm caused by the offense, the need to hold the offender accountable, the need to protect the public, the need to reduce crime, the need to increase the sense of public safety, the need to provide restitution, reparation, and restoration to the victim(s) ofthe offense, mitigating and aggravation circumstances surrounding the offense, and alternatives to the Defendant's imprisonment, entered judgment for the following nonexclusive reasons:

1.The sentence is consistent with the joint recommendation of the parties and the probation office.

2. The sentence imposed punishes the Defendant commensurate with the nature and degree of harm caused and is commensurate with the punishment imposed upon other persons committing the same or similar offenses.

3. The sentence provides opportunities for the Defendant's self-improvement and rehabilitation.

4. The sentence emphasizes that the Defendant is responsible for obeying the law and holds him accountable for his actions.

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