dissenting:
I respectfully dissent. The majority takes the view that the individual counseling recommended by the defendant’s therapists was optional and not required by the probation order and that the defendant’s failure to follow their recommendations does not mean that she did not complete sex offender counseling. I disagree. The probation order in this case required the defendant to obtain a mental health assessment and to complete the follow-up counseling recommended by the assessment. The order also required her to complete sex offender counseling. Kiel recommended in her assessment that the defendant seek continued individual therapy and sex offender treatment. Diamond-Bushue recommended in her progress report and discharge summary that the defendant obtain individual therapy with a therapist specializing in female sex offenders and participate in a sex offender evaluation and polygraph examination to assess her level of risk to children. The record is void of evidence demonstrating that the defendant followed through with these recommendations, and it is clear that her failure to do so formed the basis for the trial court’s decision in this case.
Unlike the majority, I find it noteworthy that the defendant had not requested an extension of the term of her probation to complete counseling in accordance with her therapists’ recommendations at the time the trial court revoked her probation. Almost six months passed between the time her probation was revoked and the time of her sentencing. The trial court even continued one hearing at her request specifically to afford her another opportunity to complete additional counseling, testing, and evaluation. This did not happen.
Thus, I would find that the record supports the trial court’s finding that the defendant violated her probation and that the judgment is not against the manifest weight of the evidence. For these reasons, I respectfully dissent from the majority’s opinion reversing the ruling of the trial court.