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 101, November 28, 2011
New York State Division of Criminal Justice Services 
Office of Probation and Correctional Alternatives
Robert M. Maccarone, Deputy Commissioner and Director
William M. Schaefer, Jr., Editor
http://dpca.state.ny.us

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In this Issue:
           
1.         New York State Probationer Employment Featured in National Broadcast
2.         Intrastate Transfer of Family Court Cases is Now Complete
3.         Shared Services Quality Assurance Meeting Features Dr. Merrill Rotter
4.         OPCA Conducts Peace Officer/Fundamentals of Probation Practice
5.         COMPAS and YASI Risk Assessment Training Available Online
6.         Recent Changes to the Rules Governing Interstate Transfer
7.         2011 Statewide Probation Sex Offender Management Survey & Results
8.         Additional Training, Awards, Events and News
9.         New to eFocus--Practice Tip--OPCA highlights an important practice area
10.        Quick Facts

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1.         New York State Probationer Employment Featured in National Broadcast – The National Institute of Corrections (NIC) conducted a live national broadcast entitled Offender Employment Retention: “Worth the Work” on November 2, 2011. The three- hour satellite broadcast included OPCA Deputy Commissioner and State Director, Robert Maccarone and Community Correction Representative, Cynthia Blair. Participants explored evidence-based practices for employment retention that increase public safety while helping to reduce recidivism. OPCA’s Ready, Set, Work! and Retention Counts! programs were both featured in the broadcast. Over 2,100 community corrections professionals from 1,133 registered sites participated in the national broadcast.  To view the webcast in its entirety, please visit: http://nicic.gov/Library/024978 For additional information about this program, please contact Cynthia Blair at Cynthia.Blair@dcjs.ny.gov or (518) 485-5145.

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2.         Intrastate Transfer of Family Court Cases is Now Complete – Two recent State Director’s Memoranda addressed the important topic of intrastate transfer of probation supervision cases.  State Director’s Memorandum # 2011-18 advised that Section 4 of Subpart C of Chapter 97 of the Laws of 2011 amended Family Court Act (FCA) Section 176, effective June 24, 2011, to ensure the complete transfer of probation supervision and jurisdiction whenever a family court probationer resides in another jurisdiction of New York State at the time of the order of disposition. Where any family court probationer subsequently seeks to change residency and relocate to another county within New York State, the transfer of probation supervision is discretionary, but complete.  State Director’s Memorandum # 2011-21Revised offered that DCJS’s Rule 9 NYCRR Part 349 governing Interstate and Intrastate Transfer of Probation Supervision for Adult and Juveniles was updated to reflect the changes discussed in #2011-18, and also now provides probation departments an additional two workdays to transmit requisite case record information to the receiving probation department; and ensures that a receiving probation department is not responsible for collection and disbursement of restitution payments which it does not routinely collect in its jurisdiction.  Importantly, State Director’s Memorandum # 2011-21Revised provided clarification on intrastate transfer procedures, particularly in regards to the identification of the receiving court on the DCJS/OPCA-16 Form.  The procedures ensure that sending courts forward case files to receiving courts with jurisdiction, thereby facilitating the timely collection of fines, penalties and mandatory surcharges.  Receipt of these case files are of critical importance to the receiving Court in addressing any issues related to supervision of the offender, including modification of probation conditions, and violations of probation.  Please visit the eJusticeNY Probation Services Suite to review these and other State Director’s Memoranda.  For additional information, please contact Gary Govel at Gary.Govel@dcjs.ny.gov or (518) 457-4336.

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3.         Shared Services Quality Assurance Meeting Features Dr. Merrill Rotter – The Shared Services Quality Assurance Meeting was held on November 3rd for OPCA programs that work with individuals under criminal justice supervision who have mental illness, and includes individuals with co-occurring substance abuse disorders.  Dr. Merrill Rotter, M.D. a nationally recognized expert, working at EAC, Inc. in the Bronx and in Queens discussed the important of risk assessment to identify criminogenic needs and provide services in the community including cognitive behavioral therapy. A look at recidivism rates for the NYC and four county Shared Services programs demonstrated a 12 month felony re-arrest rate of 9.2% for the population receiving specialized services compared to rates ranging 11.2% to 18.8% for  probation populations overall  in the localities represented. Each of the programs also presented detailed information about the accomplishments and challenges of operating their programs. The recidivism outcome data is available on the OPCA website at http://www.dpca.state.ny.us/pdfs/qualityassurancemtg1nov11.pdf. Dr. Rotter’s presentation, “Targeting Criminal Recidivism in Mentally Ill Offenders” is available at http://www.dpca.state.ny.us/pdfs/rottersharedservices3nov11slides.pdf. For additional information, please contact Bernard.Wilson@dcjs.ny.gov.

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4.         OPCA Conducts Peace Officer/Fundamentals of Probation Practice – Nineteen participants representing 11 New York State counties participated in the Fall 2011 Peace Officer/Fundamentals of Probation course in Albany.  Candidates completed two days of Officer Safety and Survival Training followed by the 88.5 hour Peace Officer/Fundamentals of Probation Practice curriculum.  Jeff Mulinelli, Sullivan County Probation Director delivered an inspiring keynote address to the graduates.    Probation Officers Nicole Lesniak from Herkimer County and Janet Myers of Sullivan County were the class valedictorians who each scored a perfect 100 on the written exams.  Congratulations to all graduates and best wishes for a successful probation career.   For additional training information please contact Patti Donohue at Patricia.Donohue@dcjs.ny.gov or (518) 485-5168.

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5.         COMPAS and YASI Risk Assessment Training Available Online – Probation professionals requiring training on either the COMPAS or the YASI risk assessment instruments can access free online introductory training.  For COMPAS users, there are six online modules covering Evidence Based Practice; Navigation; Conducting the Assessment; Interpreting Results; Case Planning; and the Future of COMPAS.  These Flash Video format training modules can be accessed via eJusticeNY in the Probation Services suite under the Reference/Risk and Need Assessment tab.  The YASI E-Learning program can be accessed via the internet at http://www.vivatexte.com/eprep/orbis/yasi.  This training consists of eight modules covering Introduction; Overview; Gathering Information; The Interview; More Interviewing Skills; the Offense Analysis; Case Planning; and Application Services.   For more information, please contact Patti Donohue at either Patricia.Donohue@dcjs.ny.gov or (518) 485-5168.

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6.         Recent Changes to the Rules Governing Interstate Transfer – The National Interstate Commission held its annual business meeting in September of 2011 and approved several changes to the rules governing the interstate transfer of adult supervision which will go into effect on March 1, 2012. Changes were detailed in State Director’s Memorandum #2011-19 issued on November 3, 2011. This document is available on the Probation Services suite of eJusticeNY. To access all amendments and changes to the Interstate Commission for Adult Offender Supervision (ICAOS) rules please visit the ICAOS website: www.interstatecompact.org/. The Interstate Commission for Adult Offender Supervision and its governing rules have the force and effect of federal law. The regulations in this area are continually examined by the federal Interstate Commission in an effort to better promote public and victim safety, secure greater offender accountability and achieve compliance as to their terms and provisions. OPCA recently implemented its first of monthly “Interstate COMPSTAT” Live Meeting Sessions in preparation for the anticipated federal audit in February of 2012.  For additional information, please contact Matthew Charton at Matthew.Charton@dcjs.ny.gov or (518) 485-2402.

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7.         2011 Statewide Probation Sex Offender Management Survey & Results – On November 4, 2011, OPCA released the results of the 2011 Probation Sex Offender Management Survey. This survey was conducted as a follow-up to the 2006 statewide assessment to measure and reflect probation’s advances in the management of sex offender probationers in New York State over the past five years.  The results of the 2006 survey provided a comprehensive report of the probation sex offender population as well as sex offender management practices and challenges across the state. Based on that survey, OPCA developed an action plan with specific recommendations for continued advancement in sex offender management. This most recent survey reflects that New York Probation Departments have implemented many enhancements to practice and services to ensure community safety. Probation supervision continues to be the disposition for Sex Offender Registry (SOR) eligible offenders that is most frequently imposed by New York sentencing courts. Probation departments supervise over 4,700 SOR sex offenders. OPCA acknowledges the efforts by probation departments to effectively investigate, manage and supervise sex offenders in the community. Since 2006, local probation departments have significantly enhanced their management of sex offenders as demonstrated by some of the key findings described in this survey. The detailed results of the survey can be reviewed by clicking on the following link: https://www.surveymonkey.com/sr.aspx?sm=4_2b6K7N6P8rGpWBfBioAN6CY_2bQnDkolaeCftuQxiorIA_3d  Should you have any questions about the survey please contact Gary Govel at Gary.Govel@dcjs.ny.gov or (518) 457-4336.
           
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8.         Additional Training, Awards, Events and News

~          Save the Date – OPCA will be hosting a Live Meeting entitled Probation Response to Domestic Incident Reports from 10 a.m. to 11:30 a.m. on Dec. 20. This interactive training will provide participants with an overview of probation-led Domestic Incident Report (DIR) initiatives, a detailed review of the various DIR forms, and an opportunity to examine various response protocols. Additional details will be included in the official training announcement.

~          The Council of State Governments, National Reentry Resource Center recently hosted The How and Why Probation Departments Should Partner with Families. This free webinar was held on Tuesday, Nov. 22, 2011.  San Francisco Probation Chief Wendy Still and New York City Probation Commissioner Vincent Schiraldi engaged in a facilitated conversation on the role of family members in the community supervision process.
            http://councilofstategovernmentsjusticecenter.createsend1.com/t/r/l/irlkliy/dyhitdirt/t/

~          In November of 2010, authorized users were given access to the eJusticeNY Integrated Justice Portal’s Orders of Protection Repository.  This site provides information on criminal court orders of protection, both past and present from not only New York State, but all states.  Additionally, this site includes Family Court orders.  The purpose of this site was to assure that conflicting orders of protection were not placed against the offender.  Orders of protection issued ex parte will not be available in the repository until the offender is made aware of and/or served with the order of protection.  The Office of Court Administration is responsible for inputting the orders of protection and all states along with their law enforcement agencies are responsible for updating the repository.  Any probation officer or administrator that works with individuals that commit crimes of domestic violence, sexual offense, driving while intoxicated or any other crime where a victim could request an order of protection should become authorized users.  The repository is a valuable tool in  monitoring offenders and assisting in maintaining public safety by giving access to existing orders of protection, not only protecting the victim of the instant offense, but other past or current victims of crime the offender may not be under supervision for.  In order to access the information in the repository, the probation officer or administrator should request access from their agency terminal access coordinator (TAC) to be assigned the inquiry role and make sure that their portal certification test is current.  Once given access, the inquisitor will need to provide the name, date of birth, sex, the race of the offender, and the reason for the inquiry.  Periodically reviewing the repository for updated orders of protection information, especially after an offender appears in front of a court is important in the supervision of an offender, victim safety and public safety.

~          The American Probation and Parole Association is seeking to acknowledge individuals in the field of Probation, Parole and Community Corrections through a variety of awards. Nominations are being accepted for the following awards to be presented at the Winter Training Institute in San Diego, Calif. from Feb. 26 through 29, 2012: APPA Award for Excellence in Community Crime Prevention, Joe Kegans Award for Victim Services in Probation and Parole, APPA Community Awareness Through Media Award, and the Sam Houston State University Award. Nomination deadline is Nov. 28, 2011. Each Award Recipient receives a complimentary Institute Registration. For additional information, please visit:  http://www.appa-net.org/eweb/docs/APPA/APPA_Awards_Nomination.pdf

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9.         Practice Tip:  Title 9 NYCRR Section 352.6(a)(3)(ii) details the required probation officer actions upon a probationer’s arrest for a crime: “Where any alleged crime(s) occurred, the probation officer shall notify the proper court(s) and provide a brief description of the alleged crime(s) and the status of the case, no later than seven business days upon learning of and confirming that an arrest has been made. Said information shall be recorded in either a Court Notification Report or a Violation of Probation Petition and Report. Either report may request issuance of a Notice to Appear to secure the probationer’s appearance before the court. Where a Violation of Probation Petition and Report is filed, it shall be accompanied by a request for Declaration of Delinquency and either a request that the probationer be required to appear before the court (Notice to Appear), or a request for a warrant. The department shall continue to notify the court of relevant changes in the status of the case.”

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10.        Quick Facts: The OPCA website had over 51,000 visits from 110 countries and territories during the period Aug. 1 through Oct. 31, 2011.

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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 Bill Schaefer at (518) 485-5157 or Bill.Schaefer@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 Bill Schaefer the name you would like removed from distribution.