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Judge outlines terms of Downey's probation

(CNN) -- The actor Robert Downey Jr. on Monday appeared in state Superior Court in Indio, California, and entered a no contest plea on a charge of felony possession of cocaine and a misdemeanor charge of being under the influence of a controlled substance. The charges came after his arrest in a Palm Springs resort hotel over last Thanksgiving weekend.

Downey and his lawyers had hammered out a plea bargain with prosecutors that would effectively allow him to continue drug rehabilitation in a Malibu center and avoid going to prison.

The following is an edited text of his sentencing to three years probation and its terms and conditions.

JUDGE RANDALL WHITE: Let's call the matter of the People v. Downey.

UNIDENTIFIED MALE: Good morning, James Epstein, Michael Adelson, and Ross Nabatoff for Mr. Downey.

WHITE: It's my understanding, pursuant to our discussion in chambers, that there is going to be a change of plea; is that correct?

TAMARA CAPONE, DEPUTY DISTRICT ATTORNEY: There is, your honor. The specifics of the plea, as Mr. Downey will be pleading no contest to count one of the complaint, count three of the complaint -- and admitting the prior offense, this plea is pursuant to Proposition 36, also known as penal code section 1210, etc.

The negotiated disposition calls for three years former probation and at least one year in a rehab, which is Wave Length International, to which Mr. Downey already admitted. That is the specifics of the plea.

In addition to the stated terms and conditions, there will be a 120-day review on November 15, I believe. And Mr. Downey will need to appear for that.

WHITE: I presume that means that count two will be dismissed?

CAPONE: Yes, People move to dismiss count two.

UNIDENTIFIED MALE: That is the agreement, your honor, and on behalf of Mr. Downey, we would now withdraw all pending motions of demur that are now pending before the court.

WHITE: I will accept that withdrawal.

And the court has before it an advisement of right wavering plea form for felonies and misdemeanors under Prop. 36. There are initials and signature on this form which indicate a plea to health and safety code section 11350, with a three-year maximum in state prison; health and safety code section 11550, with one-year maximum in custody; and 667.5 (b), which is a one-year additional state prison commitment, for total possible commitment in state prison of four years.

The people are accepting a nolo contendere plea?

CAPONE: Yes, your honor.

WHITE: There is an indication of a plea of no contest.

Just one moment.

All right, Mr. Downey, do you understand all the rights you are giving up, sir?

ROBERT DOWNEY JR.: I do, your honor.

WHITE: Do you understand all of the consequences of your plea?

DOWNEY: Yes, I do.

WHITE: Do you understand the maximum possible consequence to be four years in state prison?

DOWNEY: Four years, your honor, yes.

WHITE: Do you understand that if you are granted the Prop. 36 program, and you are allowed to go into probation, that if you violate any terms and conditions of that probation that you may be sentenced to state prison for up to the maximum term?

DOWNEY: I'm well aware, your honor.

WHITE: And knowing that, you wish to plead guilty?

UNIDENTIFIED MALE: No contest, your honor.

WHITE: No contest?

DOWNEY: Yes, please.

WHITE: All right. I'll accept the plea.

Is there anything further before we proceed to sentencing?

UNIDENTIFIED MALE: I don't believe so.

WHITE: Waive arraignment for judgments?

UNIDENTIFIED MALE: Yes.

WHITE: Is there any legal cause why sentence should not now be pronounced?

UNIDENTIFIED MALE: There is not.

WHITE: All right, ... the defendant Robert Downey Jr., being deemed eligible for a probation pursuant to section 1210.1 of the penal code, ... formal probation will be granted for a period of three years in the following terms and conditions:

You are to obey all laws and ordinances; ... you are to enroll in and complete a substance abuse program immediately and provide proof of enrollment to the probation officer; you are to provide proof of enrollment to the court by August 16.

You are to attend Narcotics Anonymous as directed by the probation officer of the court; you are not to associate with any unrelated person known to be a possessor, user or trafficker of controlled circumstances, nor any other unrelated person on probation or parole, except in the course of the program; you are not to possess, use, or have in your control any controlled substances or any drug-related paraphernalia unless medically prescribed.

Any prescribed usage is to be immediately reported to the probation officer; you are to submit to the immediate search of your person, automobile, residence, and surrounding premises -- garage, storage areas -- and personal property or leased property, with or without reasonable cause by the probation officer or any law enforcement officer; you are to submit to any chemical tests of your blood, breath, or urine, or any reasonable physical test upon the request of the probation or any law enforcement officer, for the detection of controlled substances.

You are to pay the cost of court-ordered testing through and as directed by the probation officer -- that is critical, that you submit to those tests and that you pay for the testing -- you are to report to the probation officer immediately or upon release from custody, for initial instructions and you are to abide by all reasonable directives of that officer; you are to report any law enforcement contacts to the probation officer within 48 hours; you are to seek and maintain gainful employment and/or attend a full-time school or vocational program.

You will reside at a residence approved by the probation officer and not move without the prior consent of the probation officer; you are to participate and complete at your expense any counseling, rehabilitation, or treatment program deemed appropriate by the probation officer and authorize release of information relevant to progress; you are not to own, possess, or have under your control or immediate access firearms or deadly weapons, or any weapon-related paraphernalia or incendiary device.

You are to pay $4,950 for the cost of the substance abuse program to the court as directed by financial services; this is a level-three residential, long-term program; you are to pay $135, which includes a fine, fee, and penalty assessment, ... as directed by the financial services division.

And this is a three-year grant of formal probation under those terms and conditions.

Do you understand all of those terms and conditions, Mr. Downey?

DOWNEY: Yes, I do, your honor.

WHITE: And you accept all of those?

DOWNEY: I do.

WHITE: An additional term will be that you pay the cost of probation supervision ... in the amount of $250. If the level of probation supervision is modified, these costs may be increased to amount not to exceed $1,908. You are to pay a $110 fee to the court as a booking fee. ... You are to pay a restitution fine of $200 through the clerk of the court. ...

And the substance abuse program progress hearing will be set for November 15, 2001, at 1:30, in department 1B. You'll be ordered to appear at that hearing, and probation is to submit a progress report.

Mr. Downey, I want to tell you this is not a gift of the court. This is going to be hard work. It can provide a tremendous benefit to you and to the public as well. But you're going to have to work at it. If you choose not to work at it, if you choose to allow yourself to fail on this program, then the consequences will be severe to you, and possibly to the public as well. So I would urge you to put your utmost effort into this program and to complete it and to fulfill all of your obligations. All right?

DOWNEY: Thank you for your consideration, your honor.

WHITE: All right. Good luck to you.

CAPONE: Your honor, there are a few more things. He also needs to register for 11590. The court can't mention that.

WHITE: Say that one more time.

CAPONE: He also needs to register for health and safety code 11590. That's term 20.

WHITE: Yes, you're to register immediately, and thereafter as required, with local law enforcement agencies as to your place of residence pursuant to health and safety code section 11590, and that is to be done immediately. Do you understand that term and condition?

DOWNEY: I'm aware of that, your honor, yes.

WHITE: And you accept that?

DOWNEY: Yes.

CAPONE: And your honor, there's no factual basis taken for the plea.

WHITE: Counsel, will you stipulate that a factual basis exists for the taking of this plea?

UNIDENTIFIED MALE: Yes.

CAPONE: Yes.

WHITE: Thank you.

CAPONE: Thank you.

WHITE: Good luck to you.

UNIDENTIFIED MALE: Thank you, your honor.