The opinion of the court was delivered by: Michael R. Merz Chief U.S. Magistrate Judge Place Dayton, Ohio
Petition for Action on Conditions of Pretrial Release
COMES NOW Kelvin Gover, pretrial services/probation officer, presenting an official report upon the conduct of Thomas Andrew Ballato, who was placed under pretrial release supervision by The Honorable Michael R. Merz, sitting in the court at Dayton, Ohio on October 4, 2006 under the following conditions:
1. No contact either personal, verbal, written, telephonic, or by electronic communication with any person under age 18, including family members of himself or his fiancé, Dawn James;
2. Defendant shall not possess or use a computer or any device with access to any "on-line computer service at any location, which includes any internet service provider, bulletin board system, or any other public or private network or e-mail system. Defendant shall not possess or use any device capable of creating pictures or video;
3. Participate in a home confinement program through electronic monitoring under the direction of the U.S. Pretrial Services Office and remain on 24 hour lock-down with release privileges for medical/counseling appointments and court proceedings as approved by U.S. Pretrial Services;
4. Refrain from excessive use of alcohol, and any use or possession of a narcotic drug and other controlled substances unless prescribed by a licensed medical practitioner;
5. Submit to random urinalysis and/or breath testing as directed by the U.S. Pretrial Services Officer, and if deemed necessary, participate in and successfully complete a drug and/or alcohol treatment program;
6. Undergo medical or psychiatric treatment and/or remain in an institution, as follows: participate in a program for treatment of mental health/sexual disorders and any evaluation as deemed appropriate by the U.S. Pretrial Services Officer;
7. Defendant shall not possess, view, listen to or frequent any locations where any form of pornography, sexually stimulating performances, or sexually oriented material, items, or services are available.
Pursuant to the Adam Walsh Act, the following mandatory release conditions were imposed:
1. Participate in an Electronic Monitoring Program;
2. Remain in the Southern District of Ohio;
3. Avoid all contact with any alleged victim of the crime and with any potential witness who may ...