 You're watching FJTN, the federal judicial television network. I feel like we're on the verge of something and this conference really reinforced that feeling. People are ready. The system's ready. It's very strong right now. It was a feeling universally shared at the first chief's conference of the new century which opened for business May 23rd, but it wasn't business as usual, as chiefs tackled questions that will shape the system for years to come. And welcome to Perspectives. I'm Robin Roland. Today we'll take you to this year's chief's conference which is shaping up to be a watershed event for the probation and pretrial services system and may prove instrumental in setting its future course. We'll tell you why many consider the conference so important. Take a look at what chiefs expected and experienced and show you the deliberations as chiefs planned and cast their votes for the future direction of the system. Also on today's show, we'll see some innovative pretrial services programs in Texas, Western and New York Northern that are saving time and money for those districts and improving the lives of their defendants. And we'll talk with Mark Sherman and the FJC about the results of the latest special needs offenders online conference. David Adair is back to talk about the legal perspective and as usual, we'll have news of interest from the Administrative Office, the Sentencing Commission and from us here at the FJC. Every two years, chief probation and pretrial services officers convene to learn and share information. It's always a valuable opportunity. For many chiefs, they're only opportunity to meet their peers and discuss the issues face to face. But most agree, this conference was something else. Why was it so important and why so important now? We begin our coverage from San Antonio. The weather outside was steamy, but inside is where things really cooked. That's how one person described CC 2000, this year's conference for chief probation and pretrial services officers. It was an unseasonably warm week in San Antonio for the biennial event. Beyond the usual learning and sharing of information, this event had a higher purpose to reshape the system itself. The purpose of the conference is to lay the groundwork for the future, to build the system for tomorrow and lots of tomorrows. It's perfectly timed because as many people know, we're about to award a contract to facilitate a strategic assessment of the entire probation and pretrial services system and the theme of the conference, working together to shape our future, is exactly the theme of the strategic assessment. It's what do we do well, what can we do better, who are we, what do we want to be in the future. Those are exactly the questions we want answered in the strategic assessment. The assessment slated to begin this year will include far-reaching recommendations on every aspect of the federal probation and pretrial services system. To maintain objectivity, a contractor will gather data and then develop a single coordinated plan. The process is expected to take two years. Chiefs at the conference were eager to add their contributions. Many understood it was a chance that might not come again. If we don't involve ourselves in the input and the development of that strategic assessment, we're going to be at the mercy of whomever does it and have to accept what that assessment says is our future. Then we have no control over it. Underscoring the collaborative theme of the conference, a planning team led by David Leathery of the FJC worked for months to make sure major system stakeholders had a voice at the event. All the key players are here at one time in one room. The Chiefs, AO, FJC, Sentencing Commission, Primal Law Committee and the FJC is the only one who can get everyone together for the purposes of learning and planning. I think all of us have to recognize that there will be some forces out there shaping our system that we're not really going to have a lot of control over. And the key is preparing for those things and being able to respond to those changes in a professional, positive way. Federal probation and pretrial services is in this room. The future of our service is in this room. You are the people who will make the future decisions for many years. You have the opportunity and the responsibility to set the tone of how this system will grow or not grow. It is you. The collaboration resulted in a powerful and productive moment in time as Chiefs looked to the past and present to find the best direction for the future. By the end of the conference, several themes were clear, prime among them the desire for a more unified system, with districts moving forward as a group. We're not lone rangers, we're working together, we're a posse, so to speak. If we take this step to another level in unison as a group, we're just a more powerful body by doing that and we're showing the system, the courts, our stakeholders, where we want to go and where we want to take it. It's hard to predict where we're going to be, but I have a feeling it's going to be in a very good place. A National Chiefs Conference is a concentrated experience, with a great deal to learn. What's on your sheets is simply a summary of seven of the strategies. And a great deal to communicate. Why not be a bit more invisible? In a very short time, attending chiefs can expect an intensive course in the issues surrounding their work. It's really great to focus on lessons of leadership of who's tried what and what's worked and what hasn't worked and we don't need to reinvent the wheel, we can learn from presidents, we can learn from each other. New chiefs can expect a warm welcome and plenty of advice from the old hands. Not that I'm that old, but I think that coming to a conference like this and listening and asking other chiefs how they're doing things in their district, as I mentioned before, don't try to reinvent the wheel, but gain from other people's trial and error. All attendees expect to hear new advances in thought, like this workshop on broken windows probation, which featured one of the authors of the landmark report. So that there were editorials all of a sudden talking about the need to reinvent probation that appeared in the New York Times, that appeared in the Wall Street Journal. And probation started to move to the fore. At the workshop, chiefs heard that for the federal system, the broken windows concepts are being explored through the larger goal of evaluating supervision. Our mission over the next couple of years is to update our monographs, the 109 111, and to try to articulate what it is we do in supervision. What do we want a prototype federal probation officer to look like? A new emphasis on supervision was a pervasive theme at the conference, one that many felt was long overdue. Pre-Sense writers will never feel unloved and unwanted, and I think supervision officers have felt, to some extent, that their work may not be as important because it isn't something that the judges see so readily. But I think now with the switch to the emphasis on supervision, I think it's important for the officers. Despite the high-level proceedings, attendees and speakers alike remained focused on what they described as fundamental, day-to-day conditions for the line officer. I tell a lot of our young officers that you guys are very important to us, because really, when it comes down to it, we're only as good as you guys make us. Whatever their expectations, Chiefs were clearly energized by the conference and seemed eager to share the news back home. I think I'd like to take back the enthusiasm, the energy that's going on in this conference. We'll be able to make it back with passion that I'm hearing a lot of Chiefs communicate. I think the idea of collaborating that we've talked about here and the issue of accountability is something that the system is going to really have to take a look at. The officers will be the recipients of the progress and the positive things that come out of this because the officers are obviously on the future of the system, and that's what we're going to take home. For perspectives, this is Alexis Magnotti reporting from San Antonio. We'll come back to the Chiefs conference later in the show to see the interactive futures sessions where Chiefs voted to chart the system's course for the next century. But right now, we'll head down the road to Texas-Western's Pre-Trial Services Office in San Antonio. Texas-Western is one of the southwest border districts that's been under enormous stress recently. Crackdowns on the flood of illegal immigrants and drug smugglers have had a staggering effect on the caseload. Crackdown reports on a pretrial services program adopted by the district that's helping to relieve the pressure. It's one that might make sense in other districts around the country. Our judges on the border are averaging several hundred cases, some of them over a thousand cases, when the national average of criminal cases per judge is well below 100, we have judges handling a thousand a year. And it puts pressure on the judge, but it also puts pressure on the clerk's office, on pre-trial services, on probation. And it puts pressure on the budget. It shows us a breakdown. Is this calendar year or fiscal year? Calendar year. When the Western District of Texas found they were spending over 40 million dollars on detention alone, they initiated a long-range planning process under FJC leadership. They started looking seriously at alternatives to detention and found them through a closer adherence to the law. Well, actually we went back and looked first of all to Title 18, the pretrial services statute, which gives pretrial services the direction to work with the United States Marshal and the U.S. Attorney to oversee the list of defendants who are detained. In addition to that, under rule, criminal rule 46G, the court is required to oversee detention in the district and to assure, according to the rule, that there be no unnecessary detention. Now, pretrial services both by statute and by criminal rule is to assist in that process. In the Western District of Texas, this is how that process works. These two people happen to be related, they're cousins, so there's more incentive for them to support each other and remain in the United States. At monthly meetings, the AUSA, the Marshal Service, and pretrial services officers get together to review ongoing cases of current detainees. Just to brief you on this person, she, it's a female, she's 41 years old, she's charged with interstate sale of endangered species. And by reviewing cases, we find the circumstances change. And our opinions that were formulated initially on the case sometimes turn 180 degrees. And we have to make a different recommendation to the court. By having this process, by having the meetings, it causes each one of us to review these cases on a regular basis. So we feel that no stone is left unturned. It's a safe form wherein everybody can feel free to have that dialogue about any particular case. You'll be glad to know, Marshal, that we'd like to move two cases, two mature witnesses out of Del Rio and place them in the halfway house in Austin. The communication is the whole key to this program. If the agencies know what we're doing, if we understand what they're doing, we don't duplicate a lot of the work, therefore kind of streamlining the whole system. It allows for there to be a big picture view of the day in, day out work of the decisions we make. I need to verify address at 5043 Woodhaven. Many of Texas western's detainees are material witnesses that the government needs to testify against coyotes, smugglers of illegal immigrants. To material witnesses, as to many other defendants, the district may now grant release under supervision in a community-based program. Additionally, I think there is a national push to identify community resources and to get these defendants or offenders back out into the community as soon as possible and to utilize those resources that are available to us in the community. Accurate, up-to-date information about community-based agencies is key. We have to know what's out there constantly. That's why we have specialists that are going out to these agencies. They audit these agencies on a regular basis and they're pretty good at monitoring just what the agency is going to provide the particular defendant. Pre-trial services has taken the lead in researching and then educating the court about community resources. The judges are sometimes very leery of releasing somebody if they don't know specifically how they're going to be supervised. If we can sell a program to the judges, such as an inadequate halfway house, where they're going to be supervised 24 hours a day, where they're going to be able to be monitored on a daily basis, get work and so forth, the judges will buy into those programs. I'll put her on the list over there because there's always usually a room for a female. The program allows all parties to gain the court, the community and the defendant. It's important to us because it cuts down on the time that we have to spend traveling to see incarcerated clients and makes more time available for preparation of their defense. It also enables them to participate more in preparation of their defense and answering the charges against them. We have a very low obstruction rate in this district, lower than the national norm, which is less than 2%. So evidently, we are pretty well filtering the people that need to be out and the people that don't need to be out. The officers say this close coordination with other agencies is a natural function for them and its support that pre-trial services is uniquely positioned to provide. Because we're not in an adversarial role, we understand that this defendant is innocent unless proven guilty. We have to be able to get people out that warrant release. And in essence, that's what the detention initiative is. I mean, the detention reduction initiative. Doing our jobs the way they're supposed to be done. I don't believe it's necessarily unique. It's spelled out in the Bell Reform Act that that's clearly what our responsibility, our charge is. Punishment doesn't begin until a point of conviction. We don't punish at the time of arrest. That's the entire concept. For Perspectives, I'm Craig Bowden. The results of Texas Western's Detention Reduction Program have proven it worth the effort. Informal research conducted on the program since its inception, five of seven divisional offices saw a greater number of defendants released. And time in custody was reduced despite an increase in the number of eligible defendants. If you have a program ongoing in your district that you think could help officers in other districts, don't keep it to yourself. Let us know about it. We'll tell you how to get in touch with us later on in the show. Coming up next on Perspectives, we'll get a firsthand look at the shape of things to come direct from the Chief's Conference. And we'll talk with the FJC's Mark Sherman about a different kind of conference. This one held online. There's much more to come, so please stay with us. Substance abuse issues play a major part in supervising defendants and offenders. Now, probation and pretrial services officers can get the latest information directly from national experts. This is among the most complex phenomena facing our society today. Live on the FJTM, the Federal Judicial Center presents Substance Abuse, a continuing education series which brings you the latest on research, policy and strategies. Check the FJTM Bulletin or the JNET for air dates of the next edition of this provocative series. With the coming of a new century and a new millennium, there's been a lot of speculation lately about what the future would bring. But at their conference, Chiefs weren't content to wait for an unknown future. They sat down to planet. Mark Maggio reports. When Chiefs arrived in San Antonio, they found themselves embarking on a second journey. This one, toward a destination that was not yet clear. You, ladies and gentlemen, as leaders of probation and pretrial services will chart that course for the future. You will determine what direction we will go. You will determine our compensating, and you will determine how we get there. It was a tall order of business, but like Latter-day Explorers, Chiefs were ready to chart their own course. They had an experienced guide in facilitator Fae Malaney, who suggested the first step was to choose the destination. So the process was to get the whole system in the room, and we had them here, and to ask together, okay, where do we want to end up? At the end, we want to have in mind, and then what does that look like, and how do we get there? They got there by first looking to the past through the means of a timeline entitled 100 Years of Probation and Pretrial Services. Chiefs who took part in the timeline workshop were surprised at what they discovered. Looking at it within the context of the history of United States history, we looked at the real lofty stuff and the history of the judiciary, and then where we fit into all of that. And that was pretty eye-opening, because what it showed is that we have been very, very successful as solution finders in the process. This kind of insight was the goal of the future's workshop series, of which the timeline workshop was the first. The well-attended series gave Chiefs tackle big questions and from their opinions to produce a range of choices. These were reported out at the main session the next morning. Bonnie and I attended the Looking Forward through the past workshop yesterday, and using the timeline, we focused on what's important to this system. We looked at such things as structure, technology, fairness, and we tried to decide what values from those that we wanted to take into the future. The workshop results were displayed on screen. Then, using an electronic audience response system, Chiefs voted for their top choice. You can change your mind at any point until we close the voting. Do not press two numbers at once. That will raise all the garage doors in West Texas. Don't do that. The results were displayed immediately. On this first question from the timeline, it was clear that there still was overwhelming support for two bedrock values of the system. Impartiality and equal administration of justice. What you did by looking backwards and pointing to those two things was to say those are the anchors, the rock foundations of our mission. And we go ahead with peril unless we remember those two. Next, Chiefs voted on the insights they felt would best serve the system in the future. Three stood out. Prime among them, a keystone of the system since its origin. People can change. The timeline suggests that this was a founding foundational belief. More consultation, consensus building, more interdependence, more collaboration. The second futures workshop on Wednesday had engaged Chiefs in two exercises. First was a values spectrum exercise where we measured our values in eight key areas. Organizations that decide to choose a future make choices between good things and good things. They say no to some good things. So that was a tough choice here. They were asked to put a red dot where they think the system is now on this spectrum of values and a blue dot where they want it to be five, eight years out. The other thought provoking exercise was where we tried to identify our prouds and our sorrys. Our prouds were things that we've experienced in the system that we're particularly proud of. Now that's an interesting result. So the vision of the future starts to take shape as we look at the things that matter most to you. The second half, what makes you most sorry? The sorrys are the shadow side of your vision. See, if you tell me what makes you mad, if you tell me what disappoints you, I know what you want, because you want the other side of that. And if you didn't want it badly enough, then the loss of it could never make you sorry. In Wednesday's final workshop, Chiefs identified external forces affecting the system, then predicted future trends that would have an impact in the next ten years. As you can see, it's everything from technology to budget to the legislature to the federalization of state laws that were changing the system. And what we found was that those forces that play on the system were largely negative in influence. And it was like the life was being sucked out of the room like a black hole because of all the negative forces coming into play. But once we started to plan, a sense of empowerment came back to, in particular, me. We really saw what the future could hold and what we could predict for the future in positive solutions. That's where the energy comes from. We are not helpless. You are not helpless. You can do something about these forces. Maybe not everything, but you can do something. So then the question is, which of these should we start addressing? So you're consistent. You also felt that was one of the most powerful, but one that you can respond to, accountability. Thursday's session was intense and productive, so when the full group reconvened on Friday, Mulaney provided a clear look back at the ground they'd covered. It's been a journey that started by looking backwards, you remember, at that timeline with all of that information and all the posts that you put on it to make sense of where we are by looking at where we had been. It was interesting to me that the two things you voted for out of that timeline that were most important to you was impartiality and equal administration of justice and that people can change. Fundamental things with the highest vote-getters, not the slickest things, fundamentals. You then were asked to think about what makes you proud. It was a way to get at what matters to you, what you value in this work. And again, you didn't say, you know it's that new slick risk assessment instrument. Nobody said it's the software we just put in. Nobody said, you know, our office just got redecorated. Nobody said that. They said what we're proud of is we can make a difference. And then when I asked what your sorry's were, again, the highest vote-gitter was like the evil twin of making a difference. You said the thing you're sorry's about is indifference, complacency. And so you had identified the enemy and that makes the battle easier. You looked at the forces impacting you and out of those the one that you said was the most powerful impacting force that was pushing on your life now was the call for accountability. Now what struck me was what happened next. We put the next screen up and asked you of all the forces impacting you, which one do you feel you can grab the horns and do something about? And what was the highest vote-gitter? Accountability. No victim posture here. You didn't say, oh, we're helpless in the face of this. In fact, you said the greatest force pushing on us is the one we can do something about. It was a valuable lesson, almost a revelation, as chiefs realized and accepted that they have always owned their future. And although that future may be uncertain, they can find their greatest strength in what they have always been. The chiefs had arrived at a clear consensus on their destination. The next task was to decide how they wanted to get there. Would they choose to do it individually within their districts? Or would they move toward a more unified system? But what the heck is a system anyway? If you had to define a system right now, what would you say? What is a system? What are the traits of a system? What are the benefits of a system? And sorry, but what are the costs? Ain't gonna be any free lunch to have a good system. For Perspectives, I'm Mark Maggio. We'll leave you to think about your own answers to those questions. At least until the next edition of Perspectives, when we'll show you what the Conference of Chiefs decided as they worked to define and shape a 21st century system. In the meantime, what do you think? How would you have answered the questions put to the chiefs? Do you agree or disagree with their results? Keep the dialogue going by sending us your comments. We'll have information later on how to get in touch with us. Now, as promised, we'll turn to a different kind of conference, the online kind. And Mark Sherman is here to talk with us about it. Mark coordinates the very popular Special Needs Offenders training series for the FJC. Welcome to Perspectives, Mark. Thanks, Robin. Good to be here. Online conferences or discussions are still fairly new for a lot of people. So first of all, tell us how they work and how the online discussion fit into the Special Needs Offenders Reducing Risk Training Program. As you say, they are fairly new, and I think that the easiest way to discuss how they work is within the context of the Special Needs Offenders program. As you know, the Special Needs Offenders program consists of three phases in the following order, a bulletin, an FJTN satellite broadcast, and an online discussion. And the beauty of the online discussion is that it allows officers to take the issues raised initially in the bulletin and the broadcast and discuss them in in-depth way over a period of weeks. And as you know, probation officers and pretrial services officers deal with some extremely complex stuff. And the nice thing about the conference or the discussion online is that they're able to talk about this stuff at a deeper level than the type of discussion that's permitted during the satellite broadcast, which is usually quite limited. It's also quite convenient for them to participate because they can do it from their desktops at any time during the day. And so whenever they have something to add after reading through the contributions, they can sign on, add their two cents, and then sign off if they want to. For example, in this past online discussion on reducing risk, we had officers from 22 different districts participating, and they were able to exchange their views and reactions to the video vignettes and clips that we used during the satellite broadcast. So we were really able to discuss some nuts and bolts supervision issues, including the distinction between probation and pretrial services supervision, which everybody knows is so important. What specific issues did you cover during that online discussion, and what were some of the contributions that officers made? As you know, this particular program has a lot of defendants and offenders possessing limited skills in schooling. So the conversation tended to revolve around things like developing community partners and developing in-house programs. So for example, in the conversation about developing community partners, participants were able to develop some criteria that they could use in the field for determining which nonprofit organizations in their communities or government agencies or communities would be good community partners and which ones would not. And this is important because those types of organizations provide alternatives to vendors who are already on contract with the district. They were also able to talk about developing in-house programs. And for example, we were able to talk about the different programs that are currently underway throughout the country in different districts, such as employment assistance, administrative skills development, substance abuse, et cetera, and who's doing those programs, how they function, the differences among them, that kind of thing, as well as the importance of project planning when setting up one of these kinds of in-house programs. Mark, you mentioned earlier that the special needs offenders online conferences are a convenient way for officers to share information and expertise. Are there other benefits for officers? Two primary benefits come to mind in addition to the one you mentioned. First, networking. Officers get to find out who's doing what where, which is so important in our far-flung federal district where you've got districts all over the country, some in metropolitan areas, some in rural areas, and officers want to know who they can reach out to when they're thinking about either developing community partners or setting up in-house programs or anything having to do with dealing with a particular defendant or population. For example, got a call yesterday from an officer in one of the districts in the middle of the country who is thinking about working with her district to set up an employment assistance program. The officer didn't participate in this particular online discussion on reducing risk, but she knew that it had occurred and requested some materials from me that would help her find out more about what's going on in other parts of the country, who the experts are, and how she could get in contact with them to help. The second benefit, increasing your knowledge, deepening your knowledge. As any true expert knows, there's always more to learn. And the nice thing about the online discussion is that it helps you learn more. It's true continuing education and helps officers do their jobs better, which is what we're all about here at the FJC. Great. Can't argue with that. What's up next for the Special Needs Offenders series? We're really excited about our next program and we've had a lot of important input from the field on it, and it's going to be introduction to cyber crime, sort of the other end of the spectrum from reducing risk. And it's going to focus on investigation and supervision issues dealing with defendants and offenders who are either computer hackers or crackers, fraudsters, or sex offenders who use computers. And it will again consist of three phases, a bulletin to be distributed to registered districts in August, a satellite broadcast that will premiere September 21st from 1 to 3 p.m. and immediately following an online conference or an online discussion similar to the one we had with reducing risk, and we're really looking forward to it. It sounds like a very informative program and about a fascinating subject. Can you come back next time and tell us about it? I'd be happy to do that. I will look forward to it. Thank you, Mark. Thanks. Coming up, we'll get the legal perspective from David Adair and we'll make a final visit to the Chief's Conference. But first, we'll travel to the Northern District of New York to see how they're cutting down on pre-trial detention. Stay with us. We'll be right back. Hi, I'm Michael Burney, your host for Court to Court. Our mission is to provide education and information that will enhance your job and how the courts function. What ongoing challenges do you face each day? What innovative practices are other districts applying? What makes your work satisfying? We'll find these stories and share them with you. We're excited about what's in store. Be sure to watch Court to Court on the FJTN. Check the FJTN Bulletin or the JNET for broadcast dates and times. Welcome back to Perspectives. We like to focus on local initiatives that respond to system-wide issues. The Bale Reform Act of 1984 mandates that districts reduce unnecessary pre-trial detention. The Northern District of New York has adopted a plan that helps achieve that requirement and benefit to many agencies and individuals in the process. David Cohn reports from Syracuse. We only have so much space and so many prisons and people are on drugs and nothing's being done to try to correct their problem. It's going to just go on cycles and something has to be done. We knew we had a high-risk drug-defendant population that couldn't be released safely to the community and we said, how could we address that? The district developed a jail-based program called HIP, High Impact Incarceration Program. U.S. Probation and Pre-Trial Services Office may help you. It's designed for drug-dependent pretrial defendants who would have been released if they had not presented with a substance abuse problem. We have a new referral for the HIP program. Probation Officer Becky Doyle has the primary responsibility to make the program work. I think the biggest challenge is developing a release plan that meets the individual needs of the defendant while still assuring the safety of the community. How old were you when you first started using marijuana? Fourteen. How about the cocaine? When was the last time you used cocaine? It's very important that he understand the outcome of the program, the goals of the program, what's expected of him, and of communication with the court. If she concludes that a defendant is a good candidate for HIP, Doyle refers him or her for an assessment to a privately-run treatment program which operates in the County Justice Center. She's worked closely with Bill Sistrump, the program's counselor. It's one of the best things I've found going. I think there's a lot of people in here who can benefit from the HIP program and we have a lot of success, but there's still a small amount of people. We could help a whole lot more people. Officer Doyle makes all of the office's evaluations and referrals to the treatment agency. Hi, Diane, what do you have? Okay, thank you. I just did a pre-trial service report on this arrest this morning, Mr. Maldonado. It appears that he does have a problem with marijuana and cocaine. He might be a good candidate for the HIP program. Does he have any violent criminal history? She also is the liaison to the Marshall Service, the U.S. Attorney's Office, and a Defense Counsel. She follows each defendant's progress in the program and develops release plans and updated bail reports with recommendations for the court. I need an eternal optimist officer who believes that the program can produce benefits for a pre-trial defendant knowing that it's a very high-risk population that the person is dealing with. For a defendant who successfully completes the HIP program, they have the opportunity to be released to pre-trial supervision. They can reunite with their family. They can assist their attorney in preparing their defense. And ultimately, if they do well in aftercare in the program, they could get a downward departure in their sentencing guidelines. Chief D. Felice says that without the judge's support, the program wouldn't work. The judges in particular deal principally with the bail issues in this district and they're very strong supporters of the HIP program. Well, I think what HIP provides me is an opportunity to do something I might otherwise not do, which is to release the defendant. And any program that can deal with the addiction is going to be helpful down the road. You know and I know that you're going to be a risk on bail until you take a step forward to do something with that addiction. What I've got in mind is I have the opportunity to recommend to you and to recommend to pre-trial services your participation in the high-impact incarceration program, which we call HIP. The court's near-zero tolerance for drug use is crucial and it's a big motivating factor for the defendants who get out of the HIP program. And if I'm satisfied that you successfully complete it, I would reconsider the detention decision and reconsider whether or not I would release you. It'll take you about 30 days to complete it. But what exactly is the high-impact incarceration program? It's chemical dependency treatment, 12-step work. While I was out there running the streets and doing whatever, you know, I just took life for granted. Alcohol and drugs deaden their feelings. The core of what I do is help the person to feel. You know, the false images that, you know, I have always protected myself against, you know, from people who I'm afraid to let know me. And HIP has brought that and has brought me to an understanding that I don't have to use that anymore in life. You know, I can be myself. And once they start that process, then we are able to go on and look at them. Defendants receive chemical dependency treatment three hours a day, five days a week. But there's more. They have work details. If they don't have a GED or a high school diploma, they go to school. If they do, they work in the kitchen or in the laundry. So they're busy the whole time they're in the program. The U.S. Probation Office pays the contractor for treatment about $25 per day per defendant. And the U.S. Marshals Service, or the Bureau of Prisons, pays for housing at the county jail. The treatment counselor and Doyle evaluate each defendant's progress in the program. Then Officer Doyle decides whether to recommend to the court pretrial release with an ongoing treatment plan. I think the halfway house is going to be a definite for him. We don't have a stable environment for him to go back to at this point. I don't think that's going to change between now and then. How's his attitude? I know he's very good when he started. Attitude has changed dramatically since he's been in here. I think when he first came in here, like most people come into the program. The HIPP program is not in and of itself a cure-all. It provides a firm foundation for the defendant to build upon once he's released from HIPP and goes on to further treatment. There's one thing, and there's always one thing, because relapse is not going to be something big. It's going to be small things that you're not doing. The payoff for the probation or pretrial services office is a lower detention rate and also credibility with the court in being able to provide a viable alternative to detention. It gives the opportunity to the defendant to prove to the court and to prove to everyone else that they can deal with the problem, that they can correct their conduct, whatever it might have been, and that they can have some sort of a track record before the court sentences that individual. To make this program successful, the Probation and Pretrial Services Office maintains ongoing communication with the many agencies involved. It has reduced the number of hours we spend transporting prisoners between jail facilities and courts, and it has also saved us costs in regards to detention of prisoners. Based on an average cost of $100 per day in the Northern District of New York, since HIP began two years ago, the Marshall service has saved about $624,000 in jail placement costs. From my perspective in this district, it is working extremely well. I'm very pleased with it. Certainly I would recommend it for other districts. If your pretrial toolbox only contains a hammer, everything you look at will be a nail, and we'd like to think there are other alternatives out there. Seeing an individual address their substance abuse problems successfully and become motivated to make other positive changes in their life and to know you had a part in guiding them through that is very rewarding. A follow-up to this story. Becky Doyle was recently given the Charles Lionel Shoot Award as line officer of the year for the Northeast Region by the Federal Probation and Pretrial Officers Association. That award given in part for her work with the High Impact Incarceration program. Our congratulations to her. Also, Chief D. Felice brought the HIP program to the Chief's Conference with a presentation at the Knowledge Exchange that was very well received. It's time to welcome back David Adair with an update on the legal perspective. Hello, David. Hi, Robin. I'm glad to be back. Well, we've recently concluded an interesting Supreme Court session, but first I understand you have some developments of interest to pretrial services officers. Yes, Robin. There's one I want to mention. It's not an issue that directly affects officers, but there's now a split in the circuits on the question of whether a charge of a felon in possession of a firearm is a violent offense that would permit the government to move for detention. In May, the second circuit held that a Section 922-G offense is a violent offense within the meeting of Section 3156-A4. And if it's charged, the government may move for detention. That case is United States versus Dillon. Now, last year, the D.C. Circuit decided United States versus Singleton, the only other circuit case on point, the other way. These are now the only two published Court of Appeals decisions, though there are several district court decisions, most of which have determined that the possession offense constitutes a violent offense. Officers may expect the most recent decision, Dillon, to be used as a basis for motions for detention in felony possession cases. Well, we'll look forward to more case law in that area. And from the Supreme Court term just concluded, are there any decisions that might affect officers? There have actually been several. But the one I want to talk about today could have a significant impact on the system as a whole and among our audience on pre-sentence writers in particular. That case is Apprendy versus New Jersey. It was decided on June 26 and it involves a New Jersey sentencing enhancement for committing a crime in person because of race. This finding of purpose was one made by the court and it resulted in a sentence above what could ordinarily be imposed without such a finding. The Supreme Court held that the constitutional right to do process as well as the right to trial by jury require that with one exception, that is the exception of a prior conviction, any factor that enhances a sentence above the statutory maximum sentence for the offense can't be a sentencing factor. It's an element of the offense that must be pleaded and proved beyond a reasonable doubt or admitted by the defendant and pleading guilty. As I mentioned, Apprendy evolved state law. But as John Hughes said in a memorandum sent to chiefs shortly after it was decided, the decision could have a big impact on sentencing for those federal offenses that have previously relied on court-found facts to determine the maximum statutory sentence. Now the most obvious and most important example of these types of offenses are drug offenses where the types and amounts of drugs had previously been held to be sentencing factors that would be found by the court at the sentencing hearing by a preponderance of the evidence. Now arguments will be made that sentences for these kinds of offenses must be based on facts that are pleaded in the indictment or the information and determined by a jury or admitted by the defendant. It's even possible that arguments will be made that mandatory minimum sentences must be based on facts that are pleaded and proved, but the circuit decision has already held that Apprendy doesn't go this far. Pre-sentence writers will see this holding raised immediately in connection with sentences for Section 841 and other federal offenses where the statutory maximum may be enhanced. But it could also be the basis of 2255 motions. It's very important that officers realize that the application of Apprendy to federal sentencing involves a number of complex legal issues that will have to be determined by your courts and presented to the courts by the parties. We simply suggest that you flag the issue, flag the case for your courts in the process of preparing pre-sentence reports in appropriate cases. And when you get objections to your pre-sentence report based on Apprendy and I say when not if, the only advice we can offer at this time is to stick by the established application of statutes and guidelines and simply pass the objection onto your court for resolution, at least into your court's rule and the specific issue raised in the objection. My office and the division will keep you advised as further information develops. That's good information, David. Thank you. Thank you, Robin. Turning to news of interest on our regular segment, FYI, we'll begin with events of the Sentencing Commission. The Probation Officers Advisory Group met at Commission offices in late June to develop suggestions for amendments to the Sentencing Guidelines. The group joined the Criminal Law Committee in support of their amendments to the Fraud and Tax Guidelines and the definition of loss. They also urged the Commission to continue amending the guidelines to resolve a number of circuit conflicts. The 17-member group meets twice yearly. The Sentencing Commission's new chair, Judge Diana Murphy, talks about issues facing the Commission in an upcoming interview with FJC director Judge Fern Smith. In her 20 years as a federal bench, Judge Murphy has seen firsthand the effects that the guidelines have had on officers. What do you hear and view as the way the role of the probation officers has changed due to the guidelines? As you know, from your own experience, they're the ones that are on the front line. They are the ones that are going forward, bringing in all the different and everybody else is reacting from then on. They're really critical. Sentencing and Guidelines, a conversation with Judge Diana Murphy, airs August 17th at 1 o'clock p.m. and you can check the FJT and bulletin for more details. In news from the Administrative Office, several initiatives are underway at the Federal Corrections and Supervision Division. The Division is working with the FPPOA, the FJC and selected officers to address officer safety issues and has scheduled initial firearm certification training to begin in September. For more information, contact Brett Cole at the number on your screen. In the area of remote supervision, the Division has convened a work group of field officers to help develop model procedures for alcohol detection and design a pilot for GPS satellite tracking. Call Darren Gowan for additional details. Medical standards for officers and officer assistants are seeing progress. Data collection from the functional job analysis in five districts is now complete and a draft interim report of the proposed standards is being reviewed by the Chiefs Advisory Group before released to all Chiefs for comment. The Criminal Law Committee will review standards next January. Call Bill Van Skoy at the Division for details. Detention reduction was the subject of a meeting held in July in Miami. Representatives from the Division and the FJC teamed with Chiefs and officers from both separate and combined districts to begin a review of national data on pretrial services detention and to plan strategies to reduce it. We'll be back with more information on that initiative. The FJC has a full slate of informative programming in the works. Don't forget the new special needs offenders program we just heard about, introduction to cyber crime, airing live on FJTN on September 21st at 1 p.m. Eastern. And if you find yourself always time challenged, help is on the way in the form of another live FJC broadcast called Time Management for Court Staff. The program presents strategies used by Management Guru Stephen Covey. Supervisors, especially take note, the course will count for one and a half hours of group credit in the Supervisors Development Program. Coming up, we'll take a look at what's in store on the next edition of Perspectives. But first, please stay tuned for this important announcement. I'm an evaluation form you've surely seen me before well I'm part of your materials and I perform a vital chore for the information in me helps the center to take stock it helps them make their programs work to help you do your job please fill me in please fill me in we need this information please fill me in please fill me in we need to know the score please fill me in please fill me in your feedback is important and if you don't complete this form we'll sing this song again. Your feedback is important. Please fill in the evaluation form available in your program materials or online on the DCN. Yes, it's time again to remind you to fill out that evaluation form and send it to us here at the FJC. A copy is available from your site coordinator or you can fill it out online by heading for the DCN address on the screen. We've asked for your thoughts and comments throughout the show about current events within the system. Here's how to pass them along. You can attach them to your evaluation form or fax them to us at 02-502-4088 or email our producer, Alexis Magnati at the address on screen. Please let us know if we can share your comments on the show or if you'd rather not go public. Either way, there's a lot going on right now and it's time for everyone to stand up and be counted. We'll close our show today by returning once more to the chief's conference in an event that was full of powerful moments. For many, this may be one of the most memorable. Norm Helber is chief adult probation officer in Maricopa County, Arizona. He came to the conference to talk about broken windows probation but he also had another story to tell. As we chart our course toward the future it's good to remember the things that really matter. One of those is the story of Norm's sister Connie. You would probably like her. Some of you might know her. In fact, some of you might have supervised her. Connie was on probation twice. First time it was down in Florida and she married somebody who was out on a furlough program from prison already. A drug dealer, so wise choice, Connie. Connie got very involved in drugs and loved her drugs. She was using anything that came down the pike. Connie got pretty well addicted and got into it pretty deep. Had a probation officer in Florida who pretty much made her believe that she was a piece of dirt. Treated her like crap, told her she was never going to amount to anything. Told her that all he was going to do was violate her and get her off the streets and that she was trash. And she wasn't trash. She was my sister and she was a hellion and she had good times in her own ways. But anyhow, she lucked out. She got her, somehow or another, got her probation transferred up into Michigan. And a different probation officer and the same Connie but a different probation officer approached her a little bit different. She was one of your guys who was a real salesman. He didn't, he took the time first of all to establish some kind of report to get to know her a little bit to see some of the good qualities in her. And he told her, he said, you know Connie, you've got so much potential and you can be so many things and your life can go in so many positive directions. And he sold her a whole package of goods. He sold her basically freedom. And he told her that you can be free of a drug addiction. You can be free of constantly looking over your back for the police, free of hassle, free of all these things that go with being involved in our system. And he convinced her to try that because she saw the potential of what she might be. And John Wright, a probation officer in Michigan, saved my sister's life. And she'll say that to you today and she'll say it to me today that he made a difference in her life. So to one of your officers, John Wright, wherever you are John, I love you man. Good going John. On the December edition of Perspectives we'll turn back to the future and watch as chiefs determine the direction for the 21st century. Plus we'll have lots of other news, views and great ideas from the field and from Washington. That's it for our show today. Thank you for joining us. We'll see you again next time. For all of us here at Perspectives I'm Robin Rowland. Goodbye.