STATE OF CALIFORNIA STATE COUNCIL FOR INTERSTATE ADULT OFFENDER SUPERVISION. Minutes June 15, 2016

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1 Scott Kernan Secretary Guillermo Viera Rosa Director Edmund G. Brown Jr. Governor STATE OF CALIFORNIA STATE COUNCIL FOR INTERSTATE ADULT OFFENDER SUPERVISION Minutes June 15, 2016 Present: Guillermo Viera Rosa Honorable Ana L. Espana Karen Neuwald Jim Salio David Robinson Commissioner/Compact Administrator (Chair) Judge, Superior Court of California, San Diego County Appointee, Office of Senate Rules Committee Chief Probation Officer, San Luis Obispo County Sheriff, Kings County Guests: Anthony Pennella Deputy Compact Administrator/Parole Administrator I, DAPO Michael Farmer Deputy Compact Administrator/Parole Agent III, DJJ Curtis Murray Parole Agent III, Criminal Intelligence Unit (DAPO) Dr. Ed Morales Chief Psychiatrist, Mental Health Continuum (DAPO) Commissioner Viera Rosa called the meeting to order at 9:37 AM. Opening of Meeting: Commissioner Viera Rosa Roll call was completed and all Council members were present Commissioner Viera Rosa thanked everyone for attending the State Council meeting. I. Introduction of State Council Members and Guests Commissioner Viera Rosa introduced all State Council members and guests. II. Approval of Minutes from State Council Meeting Held on July 29, 2015 The minutes were read and Ms. Neuwald motioned to approve minutes and Chief Probation Officer Salio seconded. The Honorable Espana made the suggestion that meeting minutes be submitted online via s and attachments for review prior to the next scheduled meeting. 1

2 III. Commissioner s Report Administrator Pennella presented the Interstate Deputy Compact Administrator s Report. A. Compliance Administrator Pennella gave an update regarding the last State Council meeting. The National Office conducted an audit of discretionary transfers only (reference made to Tab 6 in Council binder). All results were above the national average. Administrator Pennella attributed the success of the audit to the Interstate Compact supervisors and staff members. Administrator Pennella was notified 2 days ago that all subsequent audits will be conducted quarterly versus annually. The Biannual Report, which included findings after the audit, was submitted for review (reference to Tab 5 in Council binder). Administrator Pennella credits the success of the Biannual Report to the support received from Compact Commissioner Viera Rosa, as well as the prior Compact Commissioner Stone, for allowing Interstate Compact staff to conduct training to field offices (Parole and Probation), thereby fulfilling the audit plan s objective. Ms. Neuwald had a question regarding the National Office s acceptance criteria for interstate transfers. Administrator Pennella stated that the audit dealt with Mandatory vs. Discretionary transfers only and he explained their differences. Chief Probation Officer Salio had a question regarding the purpose of the audit and asked if there was a standard to be met. Administrator Pennella indicated that the audit gave a snapshot of what Interstate Compact does (statistics above or below the national average), as well as how California compared to its peers. In addition, Administrator Pennella confirmed that his unit continues to work under the spirit of the compact. While California continues to work within the parameters of the rules, the ultimate decision to accept/reject a case still is up to the receiving state. NOTE: Next year s audit will be standard, which will cover all areas of the Interstate processes versus solely discretionary transfers. Chief Probation Officer Salio had a question regarding if there were states that never accept a California discretionary transfer, yet send them to California for review; and, if so, how California resolves this situation. Administrator Pennella indicated that Washington is the only state that never accepts California s discretionary transfers. When the denial is submitted, he calls the Washington Compact Administrator and has a conversation on how (under the spirit of the compact ) the states can come to an agreement, thereby accepting the case for continued supervision. 2

3 Administrator Pennella made reference to the 2015 Biannual Statistics, which reflects the actual percentages vs. the national average. When Ms. Neuwald asked if the actual numbers for the case statistics could be given versus 2015 totals, Administrator Pennella made reference to Tab 15 in the Council binder. In addition, he made note that the next Business Meeting is scheduled for September Chief Probation Officer Salio requested the numbers, which spoke to the Compact s progress, as he wanted to share the information with his probation officers and staff members at their meeting scheduled for July Ms. Neuwald requested a PDF version of the 2015 Annual Report. In making reference to Tab 5 in the binder, Administrator Pennella attributed the success (regarding statistics) as a result of conducting probation trainings (large groups in Sacramento, individual counties, and noting the most recent training in San Luis Obispo). Chief Probation Officer Salio also gave accolades to the Interstate Compact for its meetings/trainings, which clarified the Compact rules. These trainings have helped with maintaining increased compliance within the counties. Administrator Pennella addressed prior litigation, reiterating that part of the settlement mandated Interstate Compact reach out to Judicial Council members regarding coordination of training. Interstate Compact will continue to reach out to the courts/judges, as well as Judicial Council members regarding training/updates and litigation information. It was noted that the last time Interstate Compact reached out to the courts was approximately 3 weeks ago; however, to date, there had been no response. As a follow up, a second was been sent regarding suggestions for additional training dates. Commissioner Viera Rosa asked for suggestions regarding how to move forward with Interstate Compact s continued efforts to support and train judicial staff. The Honorable Espana stated that judges have access to online services (i.e., Bench Guide, Bench Tools for Juveniles/Adults, a twoyear Education Plan, and the 10 Minute Mentor ). The Honorable Espana indicated that she has contacts that can assist with her judicial colleagues and will continue to advocate for more webcasts/formal training re: Interstate issues. Administrator Pennella thanked the Honorable Espana for her assistance with getting information out to judges. Ms. Neuwald asked a question to both Administrator Pennella and the Honorable Espana regarding how long is the judges training. Administrator Pennella stated that he is willing to meet staff where they are, as he has volunteered to travel to them and conduct training in their facilities or during their lunchtime. 3

4 Ms. Neuwald suggested webinar training for judges that would allow for a completion certificate. Commissioner Viera Rosa stated that having the National Office put together training with Chief Council in front of judicial staff would be more powerful and effective than online training. In addition, he also thanked the Honorable Espana for her assistance in reaching out to the masses of judicial staff. Administrator Pennella discussed the challenges faced with offenders on Court/Summary Probation and the misdemeanors that qualify for transfers. The Honorable Espana asked if Probation had access to statewide resources in lieu of individual statewide training. Chief Probation Officer Salio responded that the Probation Department requests individual training, instead of ongoing training. Administrator Pennella stated that he is currently working to establish ongoing training with the counties, but currently it is just by invitation only. Commissioner Viera Rosa confirmed that the National Office has a long list of certification materials online. Then, he inquired if the county probation departments are following suit. Administrator Pennella confirmed that the county probation departments have access to the online certification materials if they have access to Interstate Compact Offender Tracking System. The Honorable Espana asked if there is a funding issue regarding Judicial Council training. Commissioner Viera Rosa responded there is no funding issue and anything offered by the National Office is funded by California. Chief Probation Officer Salio commented regarding Offenders on bench/summary versus formal probation. He noted that if all offenders on formal probation that want to transfer out-of-state have to go through the Interstate Compact, it would result in a tremendous workload issue, especially if they had to respond to violations. Administrator Pennella stated that if the courts allow the offender to leave the state, he/she is in violation of the Compact. However, if the courts put the offender on probation without allowing the offender to travel, it is not a violation. He went on to say that the Interstate Compact is for supervision (anything other than restitution/monetary). If the court does not give any type of supervision, the compact is not a factor. The order is silent to supervision. The Honorable Espana defined that Summary Probation is to the court only (no supervision, only x amount of years and a fine). The courts give summary probation to mainly misdemeanants (no court supervision/no probation officer). 4

5 Sheriff Robinson asked if, in addition to training for the Judicial Council, there would be training for the police/sheriff departments regarding summary probation. Administrator Pennella responded that Interstate Compact is amenable to providing training to those agencies, as well. Commissioner Viera Rosa suggested that Interstate Compact reach out to legal/legislative offices in order to get information out to the courts regarding any updates and s for training. Information was given regarding May 2016 updates for the county trainings: Los Angeles area: The Interstate Compact Unit has conducted training twice. Modoc, Monterey, San Benito, and Santa Cruz counties: TBD IV. PRESENTATIONS A. Criminal Intelligence Unit (CIU) Commissioner Viera Rosa introduced Curtis Murray, Parole Agent III, of the Criminal Intelligence Unit. Agent Murray delivered a presentation, which outlined the Criminal Intelligence Unit and their responsibilities. The Unit was activated in November 2015, and the main objective is to enhance public safety by reducing the PAL (Parolee At Large) population. Agent Murray discussed the strategic processes used to aid in relocating a PAL, various databases and programs (i.e, License Plate Recovery, Omnixx, Parole Violation Disposition Tracking System, Strategic Offender Management System, and VeriTracks). The CIU is composed of 8 team members that are responsible for approximately 1,000 cases. Agent Murray itemized the 3 types of cases in which CIU staff interface with the Interstate Compact Unit: 1) If an offender absconds to California 2) If an offender absconds from California (most frequent type of case) 3) If an offender transfers out-of-state and then absconds from that state Sheriff Robinson asked if there were states that refused to extradite offenders to California. Agent Murray stated that in cases where an offender is given a violation sentence of less than 1 year, the states will not extradite. It was noted that in past experience, South Carolina has been one of the states that has chosen not to extradite their offenders. 5

6 Chief Probation Officer Salio asked how the CIU acquires their PAL cases. Agent Murray stated that CIU requests cases from the field units, as well as receives referrals from Unit Supervisors. The total number of PAL cases within the department is at 5,000, and the CIU is apprehending 30 per month. As a result, the PAL population is down to 11 percent. B. Mental Health Continuum, Division of Parole Operations Commissioner Viera Rosa introduced Dr. Ed Morales, Chief Psychiatrist, for the Mental Health Continuum. Dr. Morales delivered a presentation which outlined the procedures put in place that assist offenders suffering from mental illness. Located in the Sacramento and Woodland Parole units, the Mental Health Continuum provides face-to-face services between clinicians and approximately 400 Offenders. Parole units located in Antelope Valley, Chico, and Los Angeles County utilize webcam appointments with clinicians and the offenders. The main struggle/challenge that face offenders just released from the institution is homelessness. The current Pilot Program is composed of Offender participation in intense meetings with their assigned social worker ( intense defined as 3 4 times per week). The services available to the offender include assistance with Medi-Cal and Supplemental Security Income applications, housing referrals medications, and mental counseling. Offender follow-up is conducted within a period between two weeks to one month after the initial meeting. Dr. Morales stated that there is a stigma associated with offenders receiving hospital assistance for mental illness. In addition to the stigma, there is also a lack of understanding on the counties part regarding resources needed by the mentally ill. The Honorable Espana asked if there is any sort of funding for assistance. Dr. Morales responded that the counties have limited monies and resources are very limited. The pilot program addresses just the basics. However, if nothing else, there is access to medications for the offender. The offenders are given a one-month supply of medication upon release from the institution with access to refills (if necessary). Then, staff followup with the offender s stabilization. Dr. Morales went on to say that the social workers (not psychiatrists) located in the field units work in conjunction with the offenders, to develop a behavioral case management plan. Although the behavioral case management plan is developed with the social workers, all offenders have access to the Parolee Outpatient Clinic within the units. 6

7 The pilot program (which is funded by the Legislature for a period of up to 2 years) is located in Los Angeles, Sacramento, and San Diego. Out of all the areas in California, both Los Angeles and San Diego counties have the most resources. Commissioner Viera Rosa mentioned that in Los Angeles County, the Office of Diversion and Re-entry Services is an entity that advocates for the offender. The CDCR is trying to work with field units in order to assist Offenders with their individual needs. Ms. Neuwald commended the efforts of the Mental Health Continuum. Final discussion followed regarding training given to the District Attorney s Office (outreach to the California District Attorneys Association and State Public Defenders) for updated information regarding Interstate updates for the court system. The Honorable Espana suggested reaching out to the California Judge Association as a resource, and possibly a judge to judge type of training as an effective tool for sharing information. As an additional resource, Ms. Neuwald stated that she also has contacts with local judges. V. PUBLIC COMMENTS Commissioner Viera Rosa gave the opportunity for the public to address the Council, but no one responded. VI. ROUND TABLE Ms. Neuwald made a suggestion that future Council meetings be held annually, as twice was too much. No date was chosen for the 2017 State Council meeting. Commissioner Viera Rosa adjourned the meeting at 11:14 AM. 7