Bailee Swanson will have a category D felony on her record, but was given another opportunity at avoiding prison by completing several terms of her ordered probation.
Swanson was previously found guilty of possessing and using a credit card without the card holder's consent, a category D felony. An elderly victim filed a report that $447.34 had been charged on the card without authorization.
Swanson’s original 12-32 month prison sentence was suspended for 36 months and she was given a diversion program, giving her a chance to avoid the felony on her record if she completed probation and the Humboldt County Drug Court program.
This wasn’t her first time violating the rules of her probation stipulations, this time admitting to eight violations. Last time she admitted to probation violations, Judge Michael Montero decided to give her another chance.
When she appeared in May to admit or deny the violation allegations, her attorney, Public Defender Maureen McQuillan also notified the court that Swanson was currently pregnant.
In her argument to the court, McQuillan made the comment that Swanson had one of the highest scores she had ever seen on the evaluation completed by the Department of Parole and Probation in the pre-sentencing investigation report.
The Department of Parole and Probation had assisted Swanson with applying to a long-term care facility for unwed, pregnant mothers between the ages of 14-22 in Las Vegas, where she was accepted.
The residents of the treatment care program are required to either work or go to school while staying at the home. The program consists of a curriculum in which parenting skills are taught to the expecting mothers, who are also responsible for paying a program fee on a sliding scale.
The state was concerned about Swanson’s history of absconding from her ordered programs twice in the past, Montero reminded the courtroom that each time she has fled, she has been found and it only gets tougher and tougher for her.
Swanson said that with a two-year old at home and another child on the way, absconding from the program wasn’t a thought in her mind.
Due to Swanson’s inability to follow the court ordered stipulations, Montero ordered her diversion program be rescinded, leaving her with the category D felony and sentencing her to 12-30 months in the Nevada Department of Corrections. The prison sentence was suspended on the condition she complete 36 months of probation.
Swanson’s special probation terms included completing the long-term residential treatment program for unwed, pregnant mothers and completing her GED while on probation. She was also ordered to pay restitution to the victim in the amount of $447.34.
Montero mentioned that her probation could be extended up to five years if needed if she fails to comply or pay fees.
Swanson had participated in the Humboldt County Drug Court program for over 300 days, and will also be ordered to pay money back to the drug court program.
