Welcome to eFocus, an electronic newsletter produced by the NYS Division of Probation and Correctional Alternatives (DPCA).  DPCA publishes this newsletter to further its goal of promoting public safety through probation services and other community corrections programs. We welcome your suggestions. 
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eFocus, Issue Number 86, April 27, 2010 
NYS Office of Probation and Correctional Alternatives
Robert M. Maccarone, State Director
Thomas H. Slater, Executive Deputy Director
William M. Schaefer, Jr., Editor
http://dpca.state.ny.us

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In this Issue:

1.         DPCA Promulgates Ignition Interlock Regulations and Releases RFA
2.         Probation Sex Offender Absconders Apprehended Through Operation RETURN
3.         Model Policy for Probation Response to Domestic Violence Includes Anti-Stalking Information
4.         Fundamentals of Community Corrections (FCC) Training to be held in Albany           
5.         Nominations Sought for 2010 State Director Awards 
6.         2008 Probation Workload System Data Published
7.         Juvenile Case Management and Reassessment Training for YASI Users
8.         DCJS Implements Phase 2 of the PSI Repository Project
9.         NYS Court of Appeals Recent Decision Affecting Probation
10.        Additional Training, Awards, Events and News
11.        Quick Facts

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1.         DPCA Promulgates Ignition Interlock Regulations and Releases RFA – With the passage of Chapter 496 of the Laws of 2009, commonly referred to as Leandra’s Law, New York State joins nine other states implementing mandatory “first offender” ignition interlock laws. An essential component of this new law requires monitoring of all defendants subject to ignition interlock devices as a result of sentencing to a conditional discharge or probation supervision on and after August 15, 2010, involving a DWI misdemeanor or felony offense.  Specific statutory language requires that the Division of Probation and Correctional Alternatives (DPCA) promulgate specific rules and regulations governing ignition interlock programming services with respect to monitoring standards related to such devices to ensure successful statewide implementation. While the new emergency rule, 9 NYCRR Part 358 became effective on April 23, 2010, certain provisions of the law become effective August 15, 2010. The rule content was developed with considerable input from state and local officials, professional probation associations and manufacturers of these devices.  Highlights include the implementation of ignition interlock program plans in every jurisdiction, the initiation of an evaluative process to identify qualified manufacturers who meet established standards, and a provision that manufacturers bear the cost of installation and maintenance of interlock devices when a sentencing court determines that a defendant is financially unable to pay and a waiver is issued. DPCA is also submitting an application to the Governor’s Traffic Safety Committee for $3 million in federal NHTSA funds that it will distribute to localities to offset the costs associated with monitoring.  DPCA worked closely with the Office of Court Administration to develop a new financial disclosure form to assist judges in making waiver decisions and will soon be disseminating several other forms that will assist in local implementation efforts. 

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2.         Probation Sex Offenders Absconders Apprehended through Operation RETURN – Three probation sex offenders have been returned to Onondaga County for prosecution and imprisonment.  DPCA originally implemented Operation RETURN and is currently funding the second year of this innovative program to provide resources for counties to return SORA level 2 and 3 sex offenders. This is a joint initiative with the US Marshals Service and NY/NJ HITDA. Thus far, Operation Return has secured the return of 30 sex offender absconders from throughout the US, and has identified the whereabouts of an additional 12 offenders for whom warrants have been lodged.  In all, 11 offenders have been resentenced to state imprisonment, 12 have received local jail time, others pending. To view the WSYR Onondaga TV story and video, please visit: http://www.9wsyr.com/news/local/story/Program-aims-to-locate-prosecute-missing-sex/Z9eMTexWtUGsgSGGNZriFg.cspx

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3.         Model Policy for Probation Response to Domestic Violence Includes Anti-Stalking Information – DPCA is pleased to release the Probation Response to Domestic Violence: A Model Investigation and Supervision Procedural Package. This document combines and updates our previously released Probation Investigation and Supervision Packages, and integrates guidance concerning stalking behaviors often demonstrated by offenders in intimate partner relationships. We gratefully acknowledge the assistance and continued collaboration of our grant partners--the NYS Office for the Prevention of Domestic Violence and the NYS Coalition Against Domestic Violence.  These enhanced guidelines are available in the Reference Materials section of the Probation Services Suite on eJusticeNY.  For additional information, please contact Bill Schaefer at Bill.Schaefer@dpca.state.ny.us or (518) 485-5158.

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4.         Fundamentals of Community Corrections (FCC) Training to be held in Albany – DPCA is pleased to announce that the newly developed NYS Fundamentals of Community Corrections (FCC) Training for community corrections professionals will be offered in Albany, May 17-20, 2010. This 28-hour curriculum is recommended for community corrections managers and staff working directly with program participants.  The FCC training includes the latest information on screening, assessment, interviewing, and case planning as well as modules on effective programs, and participant rights regarding employment, voting and Certificates of Relief.  The curriculum is an active curriculum which is based on the research supported approach of cooperative adult learning methods.  This curriculum is primarily intended for ATI community correction professionals including probation officers who are working in ATI community correction programs.  It is not a substitute for the 70-hour Fundamentals of Probation Practice (FPP) Training. For additional information please contact Yvonne Behan at Yvonne.Behan@dpca.state.ny.us or (518) 485-5153.

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5.         Nominations Sought for 2010 State Director Awards – DPCA is seeking nominations for “2010 State Director’s Award for Outstanding Service by a Probation Officer” and "2010 State Director’s Award for Outstanding Probation/DSS Collaboration” These highly competitive honors will be awarded during the 2010 NYS Probation Officers Association (NYSPOA) Conference to be held in Albany at The Crowne Plaza, August 11-13, 2010.  Please help us recognize outstanding probation work by submitting nominations to the State Director by Friday, May 14, 2010. Prior notice was sent to all probation departments on March 30, 2010.

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6.         2008 Probation Workload System Data Published – DPCA is pleased to announce publication of the 2008 Probation Workload System (PWS-DPCA 30 and 30A Reports) Information.  The information is the compilation of 1,614 reports completed by local departments. It is through these efforts that DPCA is able to provide communities with this valuable county-based information for the Family and Criminal Court Workloads.  The information is posted in the Probation Services Suite of e-Justice, New York, as well as at www.dpca.state.ny.us.

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7.         Juvenile Case Management and Reassessment Training for YASI Users – During the past 7 months DPCA has provided 12 sessions of the one-day “Juvenile Case Management and Reassessment Training” for YASI users to juvenile probation officers across NYS.  Four (4) sessions were provided to Westchester County juvenile staff and sessions were also delivered regionally in Erie, Onondaga, St. Lawrence, Albany, Dutchess, Broome, Suffolk, and Nassau counties, training approximately 300 juvenile probation staff statewide on evidence based case planning and reassessment.  Counties wishing to arrange individual training or technical assistance with evidence based case planning and reassessment should contact Patti Donohue at Patricia.Donohue@dpca.state.ny.us or (518) 485-5160.

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8.         DCJS Implements Phase 2 of the PSI Repository Project – On March 30, 2010, DCJS, in conjunction with the NYC Department of Probation, implemented  automated data sharing among criminal justice agencies with the deployment of Phase 2 of the Centralized Presentence Investigation (PSI) Repository within the Integrated Justice Portal.  The goal of the PSI Repository project is to establish a centralized data warehouse for storing and sharing PSI information with authorized users across the State.  The first phase of the project was implemented in March of 2009 with the creation of an interface with NYC Probation to receive and store all their PSIs, in PDF (image) format, in the new Repository and provide a web-based inquiry function for DOCS and Probation users to search for and print PSI reports.  As of this date, the PSI Repository contains over 73,000 PSI reports from NYC.

            Phase 2 of the PSI project added a critical new technical component to the PSI interface with NYC Probation – DCJS now receives and transmits actual PSI data fields from NYC Probation rather than simply the image of a PSI (in PDF format).  This new interface was developed using “NIEM-compliant XML” which is the national standard for automated data exchanges in the public safety realm.  The major benefit of this enhancement is that it allows the development of system-to-system interfaces that can electronically pull selected data from the PSI Repository and populate other automated systems – thus, eliminating redundant manual entry of the data.  DCJS is currently working with DOCS staff to develop an interface that will automatically retrieve certain PSI data from the Repository and update the DOCS system, thereby facilitating the inmate intake process. .

            Work is also underway on Phase 3 of the PSI project to develop a similar interface with probation departments that use the Caseload Explorer (CE) case management system.   This interface will provide a mechanism to transmit PSIs from those county systems to the Repository.  Later phases will include development of additional functions such as a reverse interface with Caseload Explorer and other county systems that will pull-in PSI data from the Repository. For additional information, please contact Walter Cogswell at Walter.Cogswell@dpca.state.ny.us or (518) 485-5168.                 

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9.         NYS Court of Appeals Recent Decision Affecting Probation – The New York Court of Appeals recently heard appellate arguments from the People on behalf of New York City Department of Probation contesting an appellate court decision which ruled in favor of a probationer challenging his violation of probation on grounds that his probation sentence had already expired. This case involved a defendant who received a split sentence of six months incarceration and five years probation. The issue presented was whether a defendant's jail-time credit toward his sentence of imprisonment also reduced his term of probation where he received a split sentence of incarceration and probation. The Court of Appeals affirmed the appellate decision and concluded that the defendant's period of probation, which was reduced by a six month period of incarceration, began on the day the sentence of probation was imposed. Additionally, the Court held that a defendant's term of probation should not be reduced by time-served credit longer than the sentence of imprisonment. A copy of this decision was recently distributed to all probation departments and is also available in the Reference Materials section under the Legal Advisories tab of the Probation Services Suite on eJusticeNY. For additional information, please contact Linda Valenti at Linda.Valenti@dpca.state.ny.us or (518) 485-2394.

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10.        Additional Training, Awards, Events and News

~          NEW DATES! DPCA is pleased to announce its 2010 Executive Leadership Program (ELP) – a required training designed exclusively for new Probation Directors.  New Directors will learn important information concerning the development of annual state aid plans, the sex offender registry, critical incident reporting, new rules and regulations, ATI and performance-based contracting, legal issues, ISP and PED Programs, juvenile justice, interstate transfers, technology, probation officer training and leadership. The ELP is scheduled for June 2nd and 3rd in Albany.  For additional information, please contact Kathi Pallotta at Kathi.Pallotta@dpca.state.ny.us or (518) 485-5157.

~          The NYS Division of Criminal Justice Services recently announced the release of a Request for Applications (RFA) for the 2010 Operation IMPACT program, which is designed to reduce violent and firearm-related violent crime upstate and on Long Island.  This fiscal year, approximately $13.5 million will be distributed based on competitive applications.  The focus of Operation IMPACT continues to be on the 17 counties that account for approximately 80 percent of the crime outside of New York City.  Those 17 counties were selected based on a three-year average volume of reported violent and property crime and remain eligible for funding in fiscal year 2010.  IMPACT partnerships within the following 17 counties are eligible to apply: Albany, Broome, Chautauqua, Dutchess, Erie, Monroe, Nassau, Niagara, Oneida, Onondaga, Orange, Rensselaer, Rockland, Schenectady, Suffolk, Ulster and Westchester.  For additional information, please visit: http://www.criminaljustice.ny.gov/crimnet/ojsa/impact/index.htm

~          NYATSA/NYSASOSP Conference to be held May 3-5, 2010 – The New York State Association for the Treatment of Sexual Abusers & New York State Alliance of Sex Offender Service Providers’ 15th Annual Conference is scheduled to be held May 3-5, 2010 at the Turning Stone Casino and Resort in Verona, New York.  This conference is a valuable training opportunity for professionals involved in the supervision, treatment, and management of sex offenders.  Of particular interest to our probation professionals are the full day pre-conference seminars to be held on May 3rd, 'Assessing and Treating Sexual Offenders" presented by Anna Salter, PhD; "Sex Offenders in a Digital World: Assessment, Management, and Personal Protection" presented by James Tanner, PhD; and, "Comprehensive Risk Assessments for Adolescents Who Have Offended Sexually: With a Focus on ERASOR (Estimate of Risk of Adolescent Sexual Offense Recidivism)" presented by James R. Worling, PhD, C.Psych.  DPCA staff, Laura Zeliger and Gary Govel will be hosting a workshop entitled, “The NYS Probation Sex Offender Management Practitioner Guide.” For a full agenda of the conference workshop sessions, as well as costs and other registration information, please visit: http://www.nysatsa.com/conference/2010_Brochure.pdf

~          The New York State Division of Parole Conference Parole “Beyond All Limits” Rebuilding Families, Communities and Individual Lives will be held Tuesday June 8, 2010 from 8:30am to 5:00pm at the Polytechnic Institute of New York University Pfizer Auditorium, 5 Metrotech Center in Brooklyn, NY.  For more information or to register, please contact Molly Lamora at mlamora@parole.state.ny.us.

~          The American Probation and Parole Association (APPA) recently launched its resource kit for the 2010 Probation, Parole and Community Supervision Week celebration during the week of July 18-24, 2010! The kit includes a new poster with this year’s theme “Second Chance” as well as numerous ideas on how to commemorate the week and new web banners for use on agency websites. The kit can be found on the APPA website: http://www.appa-net.org/eweb/Resources/PPCSW_10/

~          Drs. Faye Taxman (Director) and Danielle Rudes (Deputy Director), along with the Center for Advancing Correctional Excellence!’s (ACE!) research staff, have announced the release of their first newsletter. ACE! is the Center within the Criminology, Law & Society Department at George Mason University focusing on issues facing correctional and probation agencies within the criminal justice system. ACE! is committed to conducting research and assisting policy makers and correctional practitioners with translating evidence-based practices and treatment into policy and action. The newsletter contains descriptions of current projects along with the profiles of ACE!’s partners and research staff. Subscribe to the bi-annual newsletters and receive periodic updates on ACE!’s workshops, symposia, and lectures by visiting http://tiny.cc/ACESignUp. For additional information, please email the center at ebct@gmu.edu or call (703) 993-9699.

~          The Washington County Probation Department was recently awarded with a National Crime Victims Rights Week Certificate of Appreciation by the Washington County District Attorney’s Office for, “Outstanding Service on Behalf of Crime Victims.”  Probation Director, Anthony White received the award on behalf of the entire agency.  District Attorney, Hon. Kevin Kortright stated that the decision for the award, “[W]as based on how well they treat victims.  Probation officers have an active role in taking care of victims in Washington County and they really do a great job.”  In addition to their laudable work with victims, he noted that the probation department recently expanded the use of home visits and as a result, probation officers have been directly instrumental in the detection, interruption and successful prosecution of cases involving child pornography, illegal weapons possession and other crimes.

~          Save the Date – The New York State Probation Officer’s Association 16th Annual Conference will be held August 11-13, 2010 at the Crowne Plaza in Albany, NY.  For additional details, please visit http://www.nyspoa.com/2010_conference.htm.

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11.        Quick Facts: Twenty-three (23) Probation Departments have their Caseload Explorer (CE) Automated Case Management Systems interfaced with the Statewide Integrated-   Probation Registrant System (I-PRS), as have Westchester County (Syscon) and the City of New York (RCMS), thereby eliminating duplicate data entry by probation staff. 

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eFocus is the property of the NYS Office of Probation and Correctional Alternatives.  Articles may be reprinted with attribution to the Division.  For more information on any of the topics mentioned above, to report any difficulties you may have experienced receiving this email, or, if you have information you would like posted in the next issue of DPCA's eFocus, please contact Bill Schaefer at (518) 485-5158 or Bill.Schaefer@dpca.state.ny.us.

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 You may receive more than one copy if your name and email address appear on different criminal justice and community corrections mailing lists.  If so, please e-mail Bill Schaefer the name you would like removed from distribution.