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Forum News Service, Published August 27 2013

Judge orders criminal to 'avoid procreation'

MITCHELL, S.D. - A judge Tuesday in Mitchell ordered a man to avoid impregnating women.

Judge Tim Bjorkman's list of conditions for suspending Carlos Claudio's prison time included standard items, such as the paying of court costs and fines, and avoiding drugs and alcohol.

There was also a rare stipulation:

"You will use your best efforts to avoid procreation while on probation," Bjorkman said.

Claudio has three children with three women, which Bjorkman said places extra financial burden on Claudio, preventing him from being able to pay costs and fines on time.

"Do you think it's reasonable to stop having children while on probation?" Bjorkman asked Claudio.

"Yes. I never planned to have kids, really. It just came up," Claudio said.

Claudio, 26, of Yankton, was arrested in April and later convicted of possessing methamphetamine during a traffic stop.

Bjorkman suspended a three-year prison sentence and instead sentenced Claudio to 90 days in jail.

Other conditions of the sentence include not using drugs or alcohol or gambling, and he must obtain counseling, obtain a chemical dependency evaluation and use his best efforts to obtain a GED. Any violation of the sentencing stipulations could result in the suspended prison time being reimposed.