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.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

eFocus, Issue Number 99, September 27, 2011
NYS 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

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In this Issue:

1. New Law Governing Family Court Intrastate Probation Transfers & Emergency and
Proposed Regulatory Amendments to 9 NYCRR Part 349
2. NIC’s Offender Employment Retention Specialist Nationwide Broadcast
3. Proposed Changes in the Probation Management Rule Support Mandate Relief
4. Fundamentals of Community Corrections Training Scheduled in New York City
5. Stable and Acute 2007 Regional Probation Training
6. Interstate Transfers – Retakes, Extraditions and Probable Cause Hearings
7. OPCA to Examine Thinking for a Change Participant Outcome Data
8. Additional Training, Awards, Events and News
9. Quick Facts

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

1. New 2011 Law Governing Family Court Intrastate Probation Transfers & Emergency and Proposed Regulatory Amendments to 9 NYCRR Part 349 – Governor Andrew M. Cuomo recently signed into law S.5856 which included various mandate relief initiatives. Among these were statutory changes governing family court intrastate transfer of probation. Specifically, 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 that there is a complete transfer of probation supervision and jurisdiction in appropriate cases. New FCA §176 addresses problems associated with family court intrastate transfer of probationers by establishing that when a person on probation resides in another jurisdiction within the state at the time of the order of disposition, there is a complete transfer of probation in all respects of powers and responsibilities to that receiving jurisdiction. By pairing authority with responsibility, this new law will ensure that the receiving court has complete jurisdiction over the supervision of the case and that probation officers will be able to respond swiftly and certainly to the violation of probation conditions by bringing these matters to the immediate attention of the receiving court. Additionally, this new law eliminates some costly and labor intensive practices such as retaking of probation violators, the seeking of warrants from sending jurisdictions, and the sending of officers to testify on violations to the originating jurisdictions. This new law applies not only the FCA Article 3 (Juvenile Delinquency) and Article 7 (Persons In Need of Supervision) probation cases, but also to Article 4 (Support), Article 8 (Family Offense), and Article 10 (Child Protective) probation cases that may arise. Please see State Directors Memorandum #2011-18 at http://www.dpca.state.ny.us/

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

2. NIC’s Offender Employment Retention Specialist Nationwide Broadcast – OPCA has been selected by the NIC to participate in a Live Satellite Broadcast scheduled for November 2, 2011. This training builds upon the Offender Workforce Development Training (OWDS) and focuses on job retention. OPCA Cynthia Blair, Ulster County Probation Officer and NYSPOA President Mark Pisano participated in the pilot training held at the NIC Training Academy in January of this year. Cynthia also participated in the August 1st-3rd Compression Planning Session for the upcoming satellite/internet broadcast on Offender Employment Retention. Steve Swisher, NIC Program Specialist, facilitated the group which generated goals and objectives for the upcoming 3-hour broadcast. Please mark your calendars for November 2nd and contact Cynthia Blair at Cynthia.Blair@dcjs.ny.gov or (518) 485-5145 for further information.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

3. Proposed Changes in the Probation Management Rule Support Mandate Relief – OPCA recently released proposed changes relative to the Probation Management rule, 9 NYCRR Part 347. These proposed changes revise existing regulatory procedures in the area of Probation Management to better assist probation management in carrying out its day-to-day operations and satisfying regulatory requirements. Full details are available at www.dpca.state.ny.us. A 45-day public comment period is open from the date of official publication in the New York State Register. Accordingly, please submit any comments that you may have by close of business Monday, November 14, 2011 to the attention of DCJS Assistant Counsel, Linda J. Valenti at Four Tower Place, Albany, NY 12203-3764 or to her email address Linda.Valenti@dcjs.ny.gov.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

4. Fundamentals of Community Corrections Training Scheduled in New York City – The next offering of Fundamentals of Community Corrections(FCC) will be in New York City at the Fortune Society’s “Castle Gardens” on November 4th, November 18th, December 2nd and December 9th. Fortune’s “Castle Gardens,” is located in West Harlem at 625 West 140th Street, and provides 114 apartments for homeless and formerly incarcerated individuals. There is no cost to FCC training participants. The FCC training is designed for professional staff working in Community Corrections programs including Pre-Trial Services, Community Service, TASC, Defender-Based Advocacy and Specialized and Drug and Alcohol programs. It is also appropriate for probation officers working in these programs who have not attended Fundamentals of Probation Practices (FPP) within the last five years as it incorporates many of the core modules taught in FPP. Topics include Assessment, Interviewing, Justice System and the Law, Strategies for Highly Effective Programs, etc. Seating is limited. Staff from programs operating throughout NYC are welcome to attend. Please contact Yvonne J. Behan at (518) 485-5158 or Yvonne.Behan@dpca.state.ny.us for registration information.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

5. Stable and Acute 2007 Regional Probation Training – The Office of Probation and Correctional Alternatives is pleased to announce three regional training sessions on Stable-2007 & Acute-2007. This one-day training will provide hands-on practical scoring experience. Following the training, participants will be required to complete a few practice cases to be qualified to use these instruments in their daily work practices. This workshop is for probation officers who supervise and/or investigate sex offenders, probation administrators, as well as treatment providers and other professionals involved in the management and community supervision of sex offenders. This training is co-sponsored with the New York State Association for the Treatment of Sexual Abusers (NYSATSA) and will be delivered by Robin J. Wilson, Ph.D., a researcher, educator, and board certified clinical psychologist. The three regional training sessions will be offered as follows: Ontario County, Monday, October 3, 2011; Albany County, Wednesday, October 5, 2011; New York City, Thursday, October 6, 2011. Registration is required. For more information or to register contact Laura Zeliger at (518) 457-5275 or Laura.Zeliger@dcjs.ny.gov.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

6. Interstate Transfers – Retakes, Extraditions and Probable Cause Hearings – The OPCA Interstate Compact Unit will be hosting LiveMeeting Training entitled, Retakes, Extraditions, and Probable Cause Hearings on October 6, 2011, from 10:00am-to 12:00pm. The important training will also feature Carol Swan, Extradition Specialist, Governor’s Extradition Office. Retaking, which means, “the act of a sending state in physically removing an offender, or cause to have an offender removed, from a receiving state”, is different from an extradition which means, “the returning of a fugitive to a state in which the offender is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution.” It is important that officers know the differences between each and the rules that apply throughout the Compact. This training will also address Probable Cause Hearings. A Probable Cause Hearing, required by a decision of the US Supreme Court, is conducted on behalf of an offender who is accused of violating the terms or conditions of their parole or probation. Please join us for this informative session and contact Matt Charton at Matthew.Charton@dcjs.ny.gov or (518) 485-2402.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

7. OPCA to Examine Thinking for A Change Participant Outcome Data – Since 2008, OPCA has trained more than 150 community corrections representatives from 42 different probation departments, ATI programs and other community organizations to be Thinking for a Change (T4C)facilitators. The majority of trained facilitators, in teams of two, are now conducting T4C groups with completion rosters being submitted from 110 different cognitive groups across New York State. The NIC Thinking for a Change (T4C) is one of the nationally recognized cognitive behavioral change programs that have proven to be effective with both the adult and juvenile offender populations. Together with the Office of Justice and Research Performance (OJRP), OPCA will be examining the outcomes (recidivism reduction) of T4C participants who have completed the program. For those probation departments and ATI programs who have trained facilitators and are running groups, please forward all completed Attendee Rosters to OPCA to the attention of Gail.Roy@dcjs.ny.gov. For questions regarding T4C please contact either Patti Donohue at Patricia.Donohue@dcjs.ny.gov or Yvonne Behan at Yvonne.Behan@dcjs.ny.gov.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

8. Additional Training, Awards, Events and News

~ Probation Officer Suzanne Cirencione is one of four recipients of Ontario County’s new Collaboration Award. Other award winners include Dru Malavase, STOP DWI Coordinator, Kathy Valone, ADA, and Pam Muxworthy, Substance Abuse Counselor at Turnings. This innovative program was launched in 2007, when a disturbing rise in the number of female DWI convictions in Ontario County was witnessed. Commonalities among women offenders include issues not only with alcohol, but also prescription medications. They also shared a unique history of unaddressed trauma in their lives. The goal of the program, which is held in conjunction with the county’s Victim Impact Panel, is to educate and counsel female DWI offenders. Statistics show that women who have participated are less likely to recidivate than those who have not attended this special program.

~ Cattaraugus Probation Director Gerry Zimmerman has agreed to pilot the new DCJS OPCA RSW! Curriculum for Persons in Mental Health Recovery. Many facets of this program not only require an Offender Workforce Development Specialist (OWDS) but also will benefit from including other agencies that work with persons in Mental Health Recovery. Leading the project will be Denise Lengvarsky. Denise has experience with the population, having served in the Forensic Mental Health Program in Cattaraugus as part of the Shared Services project. With departmental support and the other OWDS trained staff (14 staff are now OWDS) the inaugural group promises to be a successful endeavor.

~ Legislation signed last month by Governor Andrew M. Cuomo will ease probationers’ successful return to society by requiring courts to determine an applicant’s eligibility for a Certificate of Relief prior to or at the time of sentencing. Certificates of Relief allow the Court to waive certain restrictions that would ordinarily accompany a conviction, such as the automatic loss of an occupational license. Chapter 488 of the Laws of 2011 took effect on the date it was signed, August 17th. It amended Correction Law section 702(1) to establish that where there is imposed either a revocable sentence or a sentence not resulting in commitment to DOCCS the court upon application and in accordance with subdivision 2 shall determine the fitness of an eligible offender for a certificate of relief from disabilities. Bill number A7597A/S.5757 is available here: http://assembly.ny.gov/leg/?default_fld=&bn=A07597&term=2011&Summary=Y&Actions=Y&Memo=Y&Text=Y. OPCA acknowledges the NYC Department of Probation’s leadership on this issue.

~ The Counsel of State Governments (CSG) Justice Center recently released a guide entitled, A Ten-Step Guide to Transforming Probation Departments to Reduce Recidivism that provides probation leaders with a roadmap to overhaul the operations of their agencies so they can increase public safety in their communities and improve rates of compliance among people they are supervising. To download the report, please visit http://www.nationalreentryresourcecenter.org.

~ 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, CA, February 26-29, 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 November 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

~ The New York State Police and the DCJS Office of Public Safety are pleased to announce a “Cyber Crime Investigations” specialized training course for Police, Probation and Parole Officers. This training is being provided by funding from the U.S. Office of Juvenile Justice and Delinquency Prevention and the New York State Internet Crimes Against Children Task Force. The training is intended to provide an overview of cyber crime investigations for those officers designated by their agency to conduct investigations involving computers and the internet. It will provide basic instruction on conducting cyber crime investigations and properly collecting online information, as well as hands-on-instruction on the field triage and examination of computer evidence. In order to minimize travel costs for attending agency personnel, this five-day training course is being offered regionally. The first session is being held this week in Albany County . Two more sessions are scheduled: Westchester County - October 3-7, 2011; and Monroe County - November 14-18, 2011. For additional information, please contact Joshua Vinehout by email at Joshua.Vinehout@dcjs.ny.gov or by telephone at (518) 457-1595.

~ October is Domestic Violence Awareness Month. The New York State Office for the Prevention of Domestic Violence is working to "Shine the Light on Domestic Violence", a campaign to turn New York State purple to bring attention to the issue. Purple is the color chosen to help spread awareness of domestic violence. Several ideas, tools and other resources are available for individuals and organizations wishing to participate in this important awareness campaign. For additional information, please visit: http://www.opdv.ny.gov/public_awareness/campaigns/shinethelight/shinethelight11.html

~ Save the Date – OPCA will be hosting a Live Meeting entitled Probation Response to Domestic Incident Reports on November 21st from 10:00am to 11:30am. 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.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

9. Quick Facts: Law enforcement agencies file approximate 400,000 Domestic Incident Reports each year.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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.

####