Interstate Commission for Adult Offender Supervision

Transcription

1 March 22, :00 PM ET WebEx Interstate Commission for Adult Offender Supervision Midwest Region Meeting MINUTES Members in Attendance: 1. Doug Clark, Chair, SD 2. Jacey Rader, Vice-chair, NE 3. Dara Matson IL 4. Charles Lauterbach, IA 5. Hope Cooper KS 6. Allen Godfrey MN 7. Amy Vorachek ND 8. Sara Andrews OH 9. Joselyn Lopez WI Members not in Attendance: 1. Jane Seigel IN 2. Russell Marlan MI Guests: 1. Simona Hammond, IA 2. Holly Kassube IL 3. Turran Blazier IN 4. Joel Gruber IN 5. Nita Wright IN 6. Matt Billinger KS 7. Daryn Cobb MI 8. Janice Young ND 9. Sally Reinhardt-Stewart, NE 10. Tom Verplank NE 11. Suzanne Brooks OH 12. Sarah Ball SD 13. Charles Frieberg SD 14. Chyrel Frost SD 15. Mary Evans WI Staff: 1. Ashley Lippert, Executive Director 2. Allen Eskridge, Policy and Operations Director 3. Barno Saturday, Logistics and Administrative Coordinator 4. Kevin Terry, Website Analyst 1

2 5. Mindy Spring, Administrative and Training Coordinator Call to Order Commissioner D. Clark (SD) called the meeting to order at 2:00 pm ET. Nine voting members were present and a quorum was established. Agenda Commissioner S. Andrews (OH) moved to approve the agenda. Commissioner A. Godfrey (MN) seconded. Agenda was approved. Minutes Commissioner S. Andrews (OH) moved to approve the minutes from October 10, Commissioner D. Matson (IL) seconded. Minutes were approved. Discussion DCA Region Chair Report: DCA M. Billinger (KS) stated that the DCA Midwest Region met in January The DCA Region discussed training topics for the upcoming ABM Planning Workgroup meeting. The DCA Region will meet again in the upcoming months. Out of State Subpoena: Commissioner J. Rader (NE) stated that in many instances, the ICOTS violation report was not substantial and the subpoena was requested in efforts to obtain more information or clarification from the receiving state retaking the violating behavior. In other instances, the sending state refuses to recognize an out of state waiver for a probable cause hearing. Commissioner D. Matson (IL) shared a case where a judge from Missouri subpoenaed two probation officers from Illinois. She tried to resolve the case with the MO Compact Office, but the judge would not cooperate. After consulting with their legal department, the county came up with a conclusion that it was up to Illinois jurisdiction whether they want to send the subpoenaed officers to testify or not. The department chose not to send them. Commissioner A. Godfrey (MN) stated that they had similar issues in Minnesota. Since the state comprises multiple counties, his Department did not want to provide official legal advice to other counties, instead they shared how they handle these matters. Commissioner J. Rader (NE) suggested issuing a best practice and adding it to the Benchbook. Executive Director A. Lippert stated that this issue was raised in various committee and region meetings. She noted that in most cases, lack of or inadequate documentation is the root cause. She informed the Region about Advisory Opinion that permitted the use of two-way video closed circuit television during probable cause hearings. Executive Director A. Lippert added that the subpoena topic would be discussed at the DCA Training Institute this fall. That discussion could determine how this topic could be addressed in the Benchbook. 2

3 Top 5 Measurable Compliance Factors: Commissioner D. Clark (SD) informed the Region that the Compliance Committee tasked all regions to provide the top five measurable public safety compliance factors. Commissioner A. Godfrey (MN), the Compliance Committee Chair, explained to the region that the Compliance Committee was taking a proactive approach to compliance and was looking for the most crucial compliance factors from a public safety point of view. Commissioner A. Godfrey (MN) noted that warrants were a big issue in Minnesota. The MN Compact Office is looking into a process to gather data elements to identify a list of offenders for internal warrant tracking as well as pursuing timely notice of arrival and notice of departure. He also noted the issue of rejected cases where an offender arrives with reporting instructions in the receiving state, and the transfer is subsequently denied. He asked about the methods in place to ensure the offender returned to the sending state. He noted the importance of keeping up with core elements of the Compact. Commissioner J. Rader (NE) expressed concerns about not having a proper matrix in place to measure data surrounding state registration requirements for victims and sex-offenders. Commissioner H. Cooper (KS) offered to address recidivism, revocation by risk and gender, and issues with finding adequate housing for offenders. DCA S. Reinhardt-Stewart (NE) spoke about compliance factors with condition, such as abscond or behavior requiring retaking, making sure a PO addressed problems and got offenders to treatment. Commissioner D. Clark (SD) spoke about the basic supervision tendencies, such as acknowledgement that someone received the necessary offender information and was supervising the offender. Commissioner J. Lopez (WI) wants to focus on recidivism and the tools to measure it; improvement of reviews on progress reports and quality of entered information. She also noted the importance of timely staff communication. Issues with Sex-Offender and Transfer of Sex-Offender Rule: Commissioner D. Clark (SD) stated that the Rules Committee asked the regions to discuss and collect any issues with the sexoffender definition and the transfer of sex-offenders rules for the Rules Committee s consideration. DCA S. Ball (SD) stated South Dakota experienced issues with lack of necessary documents in transfer packages creating challenges with the supervising agency s investigation. She was trained that she could not deny an application based on lack of documentation. She reiterated the public safety component in providing proper documentation. Commissioner A. Vorachek (ND) spoke about an issue of housing verification. 3

4 Commissioner J. Lopez (WI) spoke about an issue of available housing including the ordinance restriction, and lack of available programs and treatment. Commissioner D. Matson (IL) shared her problem with getting original police reports or specific documents of committed sex-crimes from another state. She noted that sometimes it was impossible to locate a record of the crime because the records did not subsist. The Benchbook s content: The Commission s Benchbook was drafted a number of years ago, it is a valuable document that is used by many states on daily basis. The Training Committee is looking for feedback on revising the content of this document by making it more user friendly along with recommendations for individuals suited to complete this project. The national office planned to build a mobile version of the Benchbook that would be searchable and correspond with advisory opinions. All feedback and name recommendations need to be sent to the national office. Commissioner A. Godfrey (MN) noted the timeliness of Benchbook s revision. He advised adding related items based on recently passed rules, including instruction how to handle Rule Discretionary process for disposition of violation in the sending state for a new crime conviction. New Rule Proposals: Commissioner A. Godfrey (MN) presented an amendment to Rule Rule Reporting instructions; offender living in the receiving state at the time of sentencing or after disposition of a violation or revocation proceeding (a) (1) A request for reporting instructions for an offender who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding that was a result of retaking on a previous compact case shall be submitted by the sending state within 7 business days of the initial sentencing date, disposition of violation, revocation proceeding or release from incarceration to probation supervision. The sending state may grant a 7 day travel permit to an offender who was living in the receiving state at the time of initial sentencing or disposition of violation or revocation proceeding. Prior to granting a travel permit to an offender, the sending state shall verify that the offender is living in the receiving state. Commissioner D. Clark (SD) asked Commissioner A. Godfrey (MN) to prepare the rule amendment and its justification for review at the next region meeting. DCA M. Billinger (KS) proposed change to Rule Rule Transfer of offenders under this compact (a) No state shall permit an offender who is eligible for transfer under this compact to relocate or reside to another state except as provided by the Compact and these rules. DCA M. Billinger (KS) will be looking whether he needs to use term resident or reside in his rule proposal. Commissioner D. Clark (SD) asked DCA M. Billinger (KS) to prepare the rule amendment and its justification for review at the next region meeting. 4

5 Commissioner A. Vorachek (ND) suggested reviewing and clarifying Rule Absconding Violation or possibly changing the definition of absconder. She suggested adding more criteria how to handle an absconding violation. Commissioner D. Clark (SD) asked Commissioner A. Vorachek (ND) to prepare the rule amendment and its justification for review at the next region meeting. New Business Executive Committee Update: Commissioner D. Clark (SD) reported on the latest face-to-face Executive Committee meeting. The Committee approved the Midwest Region s goals and the mission statement: Mission Serve as a liaison between the Commission and states within a defined geographic area. Provide assistance, share best practices, recommend rule changes, and report to the Executive Committee Goals 1. Develop a list of known best practices, emerging trends and training opportunities. 2. Engage discussions on aligning compact practices with principles of reentry/justice reinvestment Commissioner D. Clark (SD) reminded that communication and technical and training requests must be funneled through the DCA before going to the national office. Commissioner D. Clark (SD) indicated that a DCA will soon serve as the DCA Liaison Committee Chair and an Ex-officio member of the Executive Committee. Commissioners should provide their recommendations to Commissioner D. Clark or Executive Director A. Lippert by the end of April. The Executive Committee accepted the 2018 ABM agenda prepared by the ABM Planning Workgroup. Executive Director A. Lippert added that the national office will be sending the audit results and quarterly performance review letters and dues invoices in the upcoming weeks. She noted that the Executive Committee approved a formation of workgroup to look at the issue of supervision in tribal regions and development of best practices requested by the West Region. If anyone is interested in serving on this workgroup, contact Commissioner S. Arruti. Adjourn Commissioner S. Andrews (OH) moved to adjourn. Commissioner J. Rader (NE) seconded. Meeting adjourned at 3:05 pm ET. 5