Economic twist affects sex-offender's fate

PROVO — It's hard to complete court-ordered treatment when the inpatient treatment center you were attending doesn't have money to treat you anymore.

That's what happened to Forrest Barth, 22, who was working through court-ordered sexual offender therapy after pleading guilty in August 2007 to attempted aggravated burglary and possession for a controlled substance and no contest to attempted unlawful sexual activity with a 16- or 17-year-old.

In May 2007, Barth was high on Ketamine when he climbed into the bedroom of a girl he believed was his girlfriend, got undressed and lay on her while she slept. Her screams woke her brother, who held Barth until police arrived.

At sentencing, the victim's family told 4th District Judge Claudia Laycock they didn't believe Barth deserved prison, so he was sentenced to a year in jail and, after that, ordered to complete an inpatient treatment program.

Despite misconduct in June and another 60-day-stint in jail, Barth had been doing well and was making progress, Laycock acknowledged.

But the economy had other plans and the Bonneville Community Correctional Center in Salt Lake City stopped treating probationers like Barth. Now, they focus on inmates coming out of prison, said Barth's attorney, Tom Means.

"He has done nothing wrong, hasn't violated the terms," Laycock said Wednesday as she reviewed Barth's case. "He was released from the program where he was successfully undergoing treatment because funding dried up from the state due to the economic situation."

Barth's new probation plan still includes stiff requirements for treatment, but allows him to live with his father in Draper and work with Adult Probation and Parole in Salt Lake City.

Laycock ordered him to get a psychiatric evaluation, take sex-offender and substance abuse counseling and follow up with any required mental health treatment.

She also ordered Barth to live with his dad for the next six months before he could ask about moving.

Although the change of plans came because of the economy, Laycock reminded Barth that he is still responsible for how he behaves on probation.

"The reason you're here and not in prison is because of the victim and their family and their willingness to see change in you," she said. "So don't do something that puts you in trouble. If you feel yourself losing control, get the help."

E-mail: sisraelsen@desnews.com