Division of Criminal Justice Services

Welcome to eFocus, an electronic newsletter produced by the NYS Division of Criminal Justice Services Office of Probation and Correctional Alternatives (OPCA).  OPCA 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 108, September 6, 2012
New York State Division of Criminal Justice Services 
Office of Probation and Correctional Alternatives
Robert M. Maccarone, Deputy Commissioner and Director
Nicole A. Aldi, Editor

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In this Issue:
1.   2012 NYS Probation Officers Association Annual Conference
2.   ICAOS Executive Director’s Award Bestowed on Matthew Charton
3.   New County Re-entry Task Force Monthly Reporting Measures Report 
4.   Domestic Incident Report Repository Registration/Survey
5.   Recent State Director’s Memoranda 
6.   Additional Training, Awards, Events and News
7.   Quick Facts
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1.  NYSPOA – The NYS Probation Officers Association held its annual conference August 8-10, 2012 in Albany.  This year’s annual conference included 27 workshops, six of which were presented by OPCA.  Descriptions of the OPCA workshops and links to the presentations are posted to the DCJS public website.  Deputy Commissioner and Director Robert M. Maccarone presented the Erie County Probation Warrant Squad with the 2012 Award for Outstanding Service by a Probation Officer(s) and Schenectady County Probation Supervisor Timothy Ferrara and Social Services Family Assessment Supervisor Susan Farstad with this year’s 2012 Award for Outstanding Collaboration between Probation and Social Services for their work at the Schenectady County Center for Juvenile Justice.  These pictures are also on the DCJS public website.

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2. ICAOS Executive Director’s Award for 2012 – OPCA Community Corrections Representative and New York State Deputy Compact Administrator Matthew Charton was presented this year’s prestigious ICAOS Executive Director’s Award at the Annual Business Meeting held in Madison, WI.  According to Harry Hageman, Executive Director of the ICAOS National Office, “Matthew is receiving the award because of his efforts to eliminate backlogs and improve compliance in one of the busiest states in the compact.  Matthew is recognized nationally for his ability to get things done and his peers appreciate his friendly and cooperative approach to problem solving.”  Congratulations to Matt and the work of the OPCA Interstate Compact Unit and local probation department designees.   

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3.  New County Re-entry Task Force Monthly Reporting Measures Report -The new County Re-entry Task Force (CRTF) monthly reports submitted to DCJS were modified in January 2012, greatly expanding collection of data on needs and program participation of CRTF clients. The summary report now includes client demographic, employment, needs, and program participation information, duration of the CRTF client engagement, and reasons for client discharges.  The summary County Reentry Task Force Report for January 2012 – June 2012 is now available on the DCJS public website at: http://www.criminaljustice.ny.gov/crimnet/ojsa/county-reentry-report.pdf.

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4.  The New York State Office for the Prevention of Domestic Violence - OPDV is partnering with DCJS and OPCA to encourage all New York State law enforcement agencies to register for the statewide Domestic Incident Report Repository (DIRR).   As part of this initiative, OPDV has created an Initial survey to assess the needs and interests of Probation professionals statewide.  Please complete and submit the anonymous, fifteen-minute survey no later than September 19, 2012.  https://www.surveymonkey.com/s/6GWQMRR.

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5.   Recent State Director’s Memoranda July/August 2012

      State Director’s Memoranda are sent out to address changes in policy, procedure, law, and to emphasize important changes and updates.  The links to the State Director’s Memoranda distributed in the months of July and August are below.  We encourage probation officers to review all State Director’s Memoranda, and recommend that they be utilized as training opportunities provided within probation departments.

2012-11 – New York State Probation Interstate Notice of Arrival (NOA) Procedure – Issued July 3, 2012
2012-12 - 2012 DNA EXPANSION LAW - Effective Date August 1, 2012 - Issued July 11, 2012
2012-13 -Revised Ignition Interlock Forms−O & C’s for Probation and Conditional Discharge
                        and Modified Versions - Issued July 23, 2012
2012-14 – “Leandra’s Law”−Status Report on Implementation – Issued August 14, 2012
2012-15 - Probation Interview Techniques and Offender Accountability
2012-16 – New Chapter Law 347 Interim Probation Intrastate Transfer – Issued August 20, 2012
                  Attachment 1 – Chapter 347 of the Laws of 2012 Interim Probation Intrastate Transfer 
                  Attachment 2 – DCJS/OPCA 16C Form

      To view the attachments please log into eJUSTICE and click on Reference Materials under Probation Services.

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6.         Additional Training, Awards, Events and News

On July 25th, OPCA’s Patricia Hogan delivered a presentation on Leandra’s Law and Ignition Interlock at the Statewide Magistrates Meeting in Potsdam.  An impressive audience of judges and court clerks were present and received a packet containing all of the newly revised Ignition Interlock Forms.  A status report on current installation rates as well as rates of fee waivers was discussed and reviewed.  Patricia Hogan also attended and presented at the most recent STOP DWI Conference in Syracuse in June.  For more information, contact Patty Hogan at Patricia.Hogan@dcjs.ny.gov or (518) 485-8855.

~    Newly Revised Ignition Interlock Forms Have Arrived - OPCA released the latest version of the Adult Order and Conditions of Probation, Order and Conditions of Conditional Discharge and Monitor Notification of Ignition Interlock Order on July 23, 2012.  The forms reflect the request of the judiciary and monitors that the payment options which the Court may impose, particularly the payment plan (partial payment) be more fully described.  The forms also clarify the specific ignition interlock test failures that may be considered by the Court as violations of probation supervision and conditional discharge.  As always, copies of these forms are contained in the Probation Services Suite of e-Justice. For additional information contact Patricia Hogan at Patricia.Hogan@dcjs.ny.gov or (518) 485-8855.

~   Recently, the OPCA Statewide Training Committee requested assistance in the clarification of driver’s license re-licensing procedures, particularly for DWI/AUO alcohol-related type offenses that are on probation supervision.  For accurate information, probation departments have two sources of information that can be accessed; either      the NYS Department of Motor Vehicles website which has a specific FAQ for license restoration. This can be found at http://www.dmv.ny.gov/restore.htm or by contacting Denise Watson, Supervising Driver Improvement Examiner at DMV, who is available for any particular case questions or issues that may arise, which might not be answered via the FAQ.  Denise can be contacted at Denise.Watson@dmv.ny.gov or 518-486-4526.
~    OPCA is pleased to host five 2-day training sessions on Motivational Interviewing.  The trainer, David Varalli, is a Senior United States Probation Officer for the Western District of New York (Buffalo-Rochester) and has more than 25 years experience in the field of probation and community corrections.  Each session is 2 days from 9am-4pm and includes various instructional methods such as lecture, exercises, and videos.  Topics covered include the stages of change; the spirit of MI; MI technical skills; ambivalence; OARS; resistance; change talk; and case planning. The training is available to all probation officers and will also include a specialized module on the use of MI with the probation sex offender population.  One of the 5 sessions remain; Steuben October 10-11, 2012 (full).  For additional information, contact Patti Donohue at Patricia.Donohue@dcjs.ny.gov or (518) 485-5168.

~    OPCA’s introduction of the new interstate Notice of Arrival (NOA) policy in July 2012 has made an immediate positive impact on the number of delinquent NOAs that NY owed to other states.  At the end of June 2012, NYS owed 45 delinquent NOAs to other states.  In comparison, at the end of July 2012, NYS only owed 4 delinquent NOAs to other states.  For further information on OPCAs new Notice of Arrival policy, please see State Director’s Memorandum #2012-11, NYS Probation Interstate Notice of Arrival Procedure.

~    July 15-21, 2012 was declared Probation, Parole, and Community Supervision Week by Governor Andrew Cuomo.  In the Governor’s declaration dated July 10, 2012, Governor Cuomo recognized the role that Community Corrections has in making a “significant difference in the lives of at risk youth and young and adult offenders through supervision, guidance, and role modeling to achieve positive change…” 

~    On June 12, 2012, a Sullivan County Probationer was sentenced to three years in state prison, with five years post-release supervision for Grand Larceny and Criminal Possession of a Weapon 3rd.  Sullivan County Probation Supervisor Steven D. Pitcher and Probation Officer Joel Brustmann conducted a home visit on a felony DWI probationer and observed a 30-round loaded magazine in plain view.  An assault-style 7.62 caliber rifle was also found.  The Sullivan County Sheriff’s Department was immediately notified and the probationer was arrested charged with Criminal Possession of a Weapon 4th.  In addition to the arrest, Probation Officer Kristy Sigelakis filed a Violation of Probation petition and secured a felony arrest warrant.  The Probationer was found guilty of his violation and resentenced to one year in jail. 
~  On August 16, 2012, during a joint street level operation between Dunkirk Police and Chautauqua County Probation officers, a probationer was charged with second-degree obstructing governmental administration and unlawful possession of marijuana. This occurred after a lengthy foot pursuit of the individual where 22 bags of marijuana, individually packaged for street sales were found.  Additionally, in a separate incident involving Dunkirk Police and Chautauqua County Probation officers, a probationer was charged with fourth-degree criminal possession of a weapon after county probation officers seized a rifle from his residence while a home visit was being conducted.  An additional charge of probation violation is pending.

~   On July 18, 2012, Governor Andrew M. Cuomo signed legislation that will allow the creation of charitable organizations in New York State to post up to $2,000 in bail for low-income defendants charged with misdemeanor crimes.  Charitable bond organizations will be allowed to provide no more than $2,000 in bail, and only for defendants charged with one or more misdemeanors who are financially unable to post bail.  In the past, many low income families have suffered great loss due to the incarceration of a family member; these losses included both financial and residential.  The ability for these charitable bond organizations to post bail will assist in alleviating some of these losses.

On August 2, 2012, Governor Cuomo signed legislation consisting of three parts to better protect New Yorkers from sexual offenders.  The first part of this legislation allows for a photograph of a level three sex offender every 90 days or as their appearance changes, whichever happens first.  Second, the legislation requires the Board of Parole to record a transcript of the release interviews for detained sex offenders. These records will be provided to the Office of Mental Health (OMH) and the Office of the Attorney General for use in determining whether to seek a civil confinement hearing for an offender.  The third part of the legislation requires that law enforcement officials be notified by a professional conduct officer from the State Education Department’s Office of Professional Discipline when they are investigating a complaint of sexual misconduct against a licensed health care provider. This bill takes immediate effect.

~  The New York State Rehabilitation Association, The New York State Coalition for Children’s Mental Health Services and the Learning Disabilities Association of New York State announces a Forum on Transitional Age Youth; a two day training on September 11-12, 2012.  This training will focus on the Transitional Age Youth including issues around employment, education, young adult’s perspective and initiatives that are coming out from the New York State Office of Mental Health and the New York State Office of People with Developmental Disabilities.

~   The 2012 issue of Inspire contains research recently published by the Ohio State University College of Education and Human Ecology.  “Drop the charges: Abusers coerce victims into recanting”; to view this article please click on the following link: Jailhouse Phone Calls Reveal Why Domestic Violence Victims Recant.

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7.   Quick Facts: Today, the DIR Repository can be accessed by over 400 probation officers from 26 different counties.  OPCA recommends that all NYS probation officers register to have regular access to the DIR Directory.     

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eFocus is the property of the Office of Probation and Correctional Alternatives.  Articles may be reprinted with attribution to the Office.  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 OPCA's eFocus, please contact Nicole Aldi at (518) 485-8457 or Nicole.Aldi@dcjs.ny.gov.

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The eFocus is now distributed to thousands of community corrections professionals across New York State.  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 Nicole Aldi the name you would like removed from distribution.