LETTER TO THE EDITOR IN THIS ISSUE: CSTS, TAIP, NATIONAL SYMPOSIUM ON WOMEN Editor’s Note OFFENDERS, MOVING AHEAD, APPA, CSO TRAINING, NEIGHBORHOOD BASED SUPERVISION, WHAT WORKS, AND MANY MORE !!!! TO: Carolyn Bolinger, Editor,TexaSuperVision The next issue of Texas Supervision FROM: Pat Kidd, Chief, McCulloch County RE: A letter to the editor - article downloaded from CJINS, " is planned for July 2000. Four Sanctioning Orientations " Vol.3, No.1 THE TEXAS Dear Editor: Please submit copy for the Thanks to Nacogdoches Chief Ricky Brice for bringing the above “WHAT WORKS” INITIATIVE noted article to our attention and to Hunt Chief Larry McKinney June issue no later than for his comments in reference to that article. (See CJINS files to by David Dillingham, Correctional Program mission has been fueled by mounting empirical download.) Friday, May 26, 2000. Specialist, National Institute of Corrections evidence that punishment simply does not work. At best, locking up someone buys a reprieve for I enjoyed reading M. Kay Harris's outline of the four orientations the community, but is not a solution. The of community corrections, and recommend it to anyone involved In entering the 21st Century, the corrections world is vastly different from that of 20 or even evidence is clear that the best results are in criminal justice. Unlike many journal pieces, this well- achieved when treatment interventions seek to conceived work is written with folks like me in APPOINTED CONT. 10 years ago. In part, it is a matter of sheer numbers. The prison population in the U.S. has change behavior. Society is ahead when it can mind - sort of a probation philosophies for dummies in a style keep offenders in the community to pay taxes, that is, as the author hopes, "both coherent and compelling." topped or will soon top two million; this is up County District Attorney's Office, the El Paso Police Department from 740,000 just ten years ago. These numbers support their families and contribute to the and FBI Gang Intelligence Squad, the Harris County Sheriff's reflect our "grand social experiment" of community. In brief, Harris partitions community corrections into four basic Department, the Department of Public Safety, the Texas Youth areas: 1. Risk Control, in which we acknowledge the inevitability maintaining public order through the threat of Commission, the Texas Department of Criminal Justice, the punishment and incarceration. In the 1970s with Contrary to the wisdom of the last 20 years that of risk but severely limit threat to community safety through Juvenile Probation Commission and the Criminal Justice Policy "nothing works" in correctional treatment, we short-tethered supervision and swift response to violations; the death of rehabilitation as the primary mission Council. of corrections, we put our faith in the power of know that many approaches do work and work official punishment as the answer to crime. The remarkably well. Targeting high-risk offenders, 2. Effective Correctional Intervention, a method whereby both Prior to selecting Chief Garcia, Governor Bush visited Bexar dealing with their problems that contribute to risk and rehabilitative needs are assessed - offenders judged at common wisdom was that if the price was high County, rode with probation and police officers into gang- enough individuals would be deterred from criminal behavior and using known, effective high risk of committing future crimes receive specific treatment dominated areas and met with victims. He observed home-visit intervention strategies can produce substantial intervention; committing crimes and we would all be safer as surveillance and cooperative contingents of probation and police a result. If this approach failed, we would keep recidivism reduction and promote public safety. officers confiscate illegal weapons. law violators locked up for ever longer periods However, the discouraging news is that using 3. Restorative or Community Justice, a conceptually holistic set of instruments such as the Correctional Program beliefs that encourages all community agencies/members to work of time so that they had no chance to harm As part of standard operations, officers make nighttime others. Assessment Inventory (CPAI) to evaluate many with criminal justice practitioners, first to seek the cause of unannounced contact to effect urine analyses and test for alcohol. correctional programs across the country shows crime, and then to address how best to repair the social damage Such visits provide officers insight into the activities of gang that numerous agencies are not using the most to the community resulting from the crime; and However, as we embark on this new decade, our members. Chief Garcia notes, "For gang members willing to belief in punishment as the single best answer to effective interventions. meet law enforcement half way, officers can offer educational crime is waning. Increasingly serious doubts are 4. Structured Sanctioning, a set of sentencing guidelines that work programs, job training and other appropriate assistance; if these Since the 1970s, the mission of the National as a deterrence to crime through their "equity and predictability." voiced about what we have bought for the opportunities are rejected, the result is incarceration." billions of dollars spent on incarceration. The Institute of Corrections (NIC), an agency within doubt has led to a fundamental and profound the Federal Bureau of Prisons, has been to assist

Harris makes the case that while these categories are indeed April2000 rethinking of the basic purposes and goals of the state and local correctional agencies. In dong separate areas for research and design, "the reality is that no such this, the NIC has worked to call attention to the clear distinctions are being drawn in practice," and that a merging correctional system. Reconsideration of our of two or more schools of thought is certainly possible. (And cont. on inside page probable.) APPOINTED TO VIOLENT GANG TASK FORCE While, as Brice commented, there is nothing particularly new Our goal is to print news of interest to CSOs. here, I agree that it is one of the best encapsulations of community supervision orientations in the literature today. Susan Cranford, Director by Carolyn Bolinger, Information Specialist, The task force is a ten-member group Texas Department of Criminal Justice TDCJ-CJAD established by the Texas Legislature to And finally, to make it absolutely dummy-proof, the author Community Justice Assistance Division [email protected] coordinate law enforcement activities statewide, includes a condensed and categoried one page, bold-face, easy to Governor George W.Bush has appointed L. and to track and curb the growth of criminal read chart that breaks down the four orientations into words, Send news & ideas to: Caesar Garcia, Chief of the Bexar County street and prison gangs. Caesar Garcia is among phrases and concepts that can be digested and processed by those Carolyn Bolinger Community Supervision and Corrections four members already appointed to the task of us whose short-term memory went south sometime in the late Phone: (512) 305-8584 Fax: (512) 305-9368 Department, to the state's Violent Gang Task CJINS: Carolyn Bolinger force. At full complement, the group will '70s. Internet: [email protected] A Professional Journal Force. The appointment became effective on reflect a cross section of law-centered Mail: Price Daniel Sr. Building for Community October 25, 1999. organizations: Bexar County CSCD, the Dallas Download. Read. Dialogue with a colleague. You'll be glad you 209 West 14th St., Suite 400, Austin, Texas 78701 did. Supervision in Texas cont. on back page DIRECTOR’S NOTE

We have simply protection. Clearly this mind set has prison beds with a surplus of offenders. proven to make a difference in the locked up influenced the move toward more and Once again, creating diversions will numbers who go to prison. Diversions enough people. more incarceration. Our reality in Texas is likely be a hot topic for the near future. I should be our first thoughts, not the With some representative of the same trend am happy for that, and I believe we can thing we try to do when we need a cure 150,000 beds in nationally.We cannot afford to keep provide some solutions. But we must for overpopulated correctional systems. our prison thinking this way. explore what makes this happen, with system, we have cyclic certainty, just when we think I invite each of you to join the chorus. seen a boon in The truth is, many offenders are being we’ve constructed enough beds. I know As we move into this coming legislative commitments safely supervised in community programs. the answer.We have not educated the session, we will have the opportunity to that have filled The next truth is, many more could be, public on the reasonableness of a offer alternatives to the costly us, once again, to capacity.While with no compromise to public safety, if different way to think. I have decided to construction, to the bricks and steel. being BIG in most things is a point of resources for diversion programs that adopt a new mantra, and to sing it every We must have good performance, and pride with most natives of the Lone work were provided.Where people have chance I get. Prison should be the we must be able to show it.The Star State, in this situation, there is no the chance to change, community alternative to community corrections, research is already underway.Training glory to be found. Getting to this supervision is cheaper and more effective not the other way around. We should in gearing up the “What Works” point took some time; returning to a than the alternative. Don’t get me wrong! always think in terms of the continuum approach has begun. But, the most reasonable adjustment will be a real I have no quarrel with the idea that prison of correctional intervention, and insist effective singing will be done on the challenge. is the proper place for certain folks in our that offenders are situated in the system street corner in your hometown. Grab world that perpetrate violence and harm at the level most appropriate to their a pitch pipe and a choir robe and join There is no question that public safety to others. I’ve seen em; we all have.And behavior, considering the aspects of right in! is the primary product of our they deserve the time they get. But it public safety and humane treatment. profession.Yet, it seems to me that strikes me that, too frequently, this is the Prison should be the alternative when we have allowed a degree of fear to final answer for those less predatory.We community programs cannot serve drive our correctional culture, and are in a time where prison often becomes public protection. More resources we have evolved to a place where the first response. should be allocated to community Susan Cranford pure punishment has become as corrections for both residential and non- Director,TDCJ-CJAD significant as the call to public And so, we have surpassed our surplus of residential programs that have been

Community Supervision Tracking System: What is it?

by Michael Mach, CSTS Unit Administrator, TDCJ-CJAD The link to other databases will prove useful for probation private networking now permits us to officers. utilize the internet to access Huntsville's What is CSTS? Simply put, the Community Supervision Tracking mainframe computer. Therefore, a System, CSTS, is a database containing offender information. With each passing month, the Community Supervision Tracking department with internet access can Each local department has its database containing offender data. System draws closer to being fully populated. Once populated, connect to the mainframe via an internet The CSTS database is a compilation of these databases. In short, the CSTS will contain information about persons under browser. some of the information accumulated on each of the local community supervision in Texas. This project exhibits the hard databases is subsequently and electronically added, or exported, work and dedication of statewide community supervision and Making the CSTS database a useful source to the CSTS database. By transferring identical data from the corrections staff,TDCJ staff and computer programmers. of information is and has been the mission local department to the CSTS database, information on offenders During the early part of 2000, the Criminal Justice Policy of the CSTS Unit. We are ready to assist can be later extracted from CSTS without using local time and Council will analyze CSTS data for a second time; the first data departments with increasing the quantity resources. Examples are the Monthly Community Supervision review occurred in 1999. and quality of data until all departmental and Corrections Report, offender profile reports and related data is on CSTS. Such assistance covers surveys requested from time to time. Besides assisting numerous I have been provided the unique opportunity of working on both helping a county transmit files to the professionals, practitioners and researchers in the field of criminal a local (CSCD) database and with the CSTS database. Before database and then subsequently helping to justice, the CSTS database will aid the legislature by virtue of being employed with TDCJ-CJAD, I worked for over 13 years at analyze the data once it has been central data storage in Huntsville,Texas. the Fayette County CSCD. Within the last few years of my uploaded. employmentCSTS in Fayette County, I enjoyed helping the department implement a computerized case management system. This field Swift, accurate data collection is another Making the CSTS database a useful source of experience has proven invaluable in my effort to make the CSTS important step in making the CSTS information is and has been the mission of the database useful at the statewide level. Paramount is the need for database successful. Two important CSTS Unit. easier methods of sharing information. components are the DPS number and the tracking incident number. Without a DPS Information stored on CSTS resides with offender data collected One method allowing easier access and file transmission to the number the CSTS database is unable to from the Institutional Division and Parole Division of TDCJ. The database is the internet. To this point in time, only two means of accept data on an offender. Use of a three databases combine to make up the Corrections Tracking accessing the Corrections Tracking System have been available: a tracking incident number greatly increases System or CTS. It and the Computerized Criminal History dial-up connection or the Department of Public Safety's Texas the validity of the CSTS database. The (CCH) database maintained by the Texas Department of Public Law Enforcement Telecommunications System (TLETS). Both CSTS Unit will continually strive to help Safety comprise the Criminal Justice Information System (CJIS). methods have weaknesses. However, technology known as virtual departments obtain this information expeditiously. ABSCONDER APPREDENSION FORUM NancyNancy && by Curtis Hand, Deputy Director, McLennan County CSCD The registration deadline is Saturday,April 15, 2000 and registration will be limited to one person per community FletcherFletcher WalkerWalker With support from the National Institute of Corrections, the supervision and corrections department. Registrants should be in Community Justice Assistance Division of the Texas Department administrative positions or directly involved in dealing with WINWIN 19991999 of Criminal Justice, the Correctional Management Institute of absconders. Texas and the Absconder Apprehension Field Committee have Governor’sGovernor’s held absconder apprehension conferences for the last two years. In related pursuits, the Absconder Apprehension Field Committee The George Beto Criminal Justice Center at Sam Houston State met with TDCJ-Internal Affairs staff in February to discuss CriminalCriminal JusticeJustice University in Huntsville has been the site of these conferences. including probation's "ten most wanted" offenders to the agency's now operational internet software program. The program is Another meeting is scheduled for May 10-12, 2000, in designed for law enforcement and is dubbed FUGINET. VolunteerVolunteer AwardAward Huntsville. The forum will emphasize identifying critical issues associated with the absconder problem and developing strategies. Planned discussions will review a process to include violent forfor RestorativeRestorative Forum participants will spend significant time working in small probation offenders on the database. Future endeavors involve groups with facilitators; the forum will produce a white paper on the selection process of CSCDs' most violent offenders, a JusticeJustice the absconder problem. centralized system for screening, and making referrals to the TDCJ-IAD FUGINET system. “WHAT WORKS” CONT. PROGRESS evidence supporting effective treatment and has encouraged use University of Cincinnati. REPORT FROM of appropriate interventions. The program allows each jurisdiction's team to learn essential THE PR & Efforts related to our mission have included week-long training principles and to develop a plan for using the new information programs held at the NIC's National Training Academy in upon returning home. A CJAD team will monitor the program PUBLIC Longmont, Colorado. Among principles covered are effective and will create a plan for replicating the week-long curriculum interventions, implementation and evaluation of effective for additional Texas locations. Thereafter, staff from around the INFORMATION programs and development of skills to enable correctional state will be trained in Thinking for a Change, a cognitive practitioners to use appropriate interventions. One such intervention program for offenders. In short, the goal is to intervention is cognitively based strategies for changing promote the capacity of Texas to deliver and maintain its COMMITTEE antisocial thinking patterns and behavior. program, and to train trainers who can subsequently train staff in appropriate interventions. Having held three meetings to date, Beginning in 2000, a joint project of NIC and TDCJ-CJAD is the the committee can report steady duplication of these training activities within Texas. From CJAD's role is to encourage local agencies in effective practice progress. The committee is February 14 through February 18, 2000, a week of training in and to provide assistance as necessary. Local agencies can assess comprised of these members: Diana Austin for teams of administrators and staff of local jurisdictions their efforts using the CPAI and implementing or modifying Amaya, Supervisor, R.I.T.E. and was held to present a basic understanding of the principles of programs based on the principles of best practice. To help Hope Programs, Nueces County; effective interventions, essential elements for programs accomplish these ends, the NIC will continue to work with Carolyn Bolinger, Information incorporating these principles, the CPAI assessment tool and CJAD. This entire effort builds on the strengths of NIC, CJAD Specialist,TDCJ-CJAD; Mike implementation strategies. Conducting the training were highly and the local jurisdictions to achieve better and safer Brodsgaard, Unit Supervisor, skilled experts from the United States and Canada, including Dr. communities. Matagorda County; Bill Coleman, Edward J. Latessa, head of the Criminal Justice Program at the State Jail Coordinator, Hale County; Stephen Enders, Director, El Paso County; Eddie Gonzalez, Director, Nueces County; Pat Kidd, Director, McCulloch County; Cheryl Lovett, NATIONAL SYMPOSIUM ON WOMEN OFFENDERS Special Program Director,Wise County; John Munro, Director, Media Services,TDCJ; by Jim Mills, Assistant Deputy Director, Dallas County Bramblett, 41st District Court Judge; and Nancy Botkin, Warden, Hilltop Unit in Gatesville. Manny Rodriguez, Management CSCD, and Auditor III,TDCJ-CJAD; Nancy Bonita White, Deputy Director TDCJ-CJAD Texas state and local teams worked as a unit. Participants hoped Rojas, Planner, Region 3,TDCJ- to translate the joint effort into a thoroughly united approach for CJAD; Sam Shanafelt, Director, Jack The National Symposium on Women Offenders, held December Texas. Among the group's aims were assembling a statewide task County; Don Smith, Director, 13-15, 1999 in Washington, D.C., was sponsored by the Office of force to draw system support for a pilot project with the Dallas Tarrant County; Larry Todd, Public the Assistant Attorney General and the Corrections Program County CSCD. Previously, the Dallas CSCD had done extensive Information Officer,TDCJ; Kim Office of the Office of Justice Programs, U.S. Department of work with the National Institute of Corrections in designing Wheeler,Administrator,TDCJ- Justice. Nationally, per capita, more female offenders than male programs for women offenders. Knowledge gained in the front CJAD offenders have experienced drug addiction, mental illness and end of the adult criminal justice system in community unemployment prior to incarceration. In response to such supervision would be transferred to women in state jails, prison Two accomplishments are the statistics, the symposium sought to convene federal, state and and on parole. Nationally, 85 percent of the 950,000 women in mission statement and survey county criminal justice policy makers to analyze issues related to the criminal justice system are under supervision in the results. During the February 2000 this population, and to develop sentencing options, supervision community, either on probation or parole. meeting, members agreed on the strategies and services for women offenders. mission statement: The goal is to On the last day of the conference, Susan Cranford, representing assist CSCDs to inform the public Although still a minority of the criminal justice population, our united team, presented to the United States Attorney regarding the role and benefits of female offenders are growing in number at twice the rate of male General Janet Reno our plans to improve services for women in community supervision. offenders. Women have needs that challenge the system for Texas. Ms. Cranford reported that an outcome of our task force Forwarded to all departments in appropriate responses. In comparison with male offenders, would be the identification of barriers for providing wrap-around December 1999, the survey was women offenders have suffered disproportionate sexual and services for women offenders. Two important elements would be designed to identify marketing physical abuse and they have greater responsibility for direct care interagency cooperation and identification of existing and new strategies, programs, and areas of of children. Three of four incarcerated women have children and funding. Utilizing the strong points of various organizations will need in statewide community these children are at an increased risk of eventually being in the most efficiently enhance efforts. The importance of simplification supervision. By the middle of criminal justice system. Stopping this cycle is a shared concern of the funding processes was highlighted in several of the January 2000, 84 surveys had been for the community as well as the criminal justice system. presentations to Attorney General Reno. completed and returned to CJAD. At the symposium, two teams represented Texas: a local team and Further recommendations of our team were the expansion of the Many departments responding to a state team. The following participants comprised Texas' local Drug Court concept to that of a Mothers Court to address the survey listed varied commuity- team: Jim Mills,Assistant Deputy Director, Dallas County trauma, violence counseling, and similar issues; development of based projects. Some examples are CSCD; Melissa Cahill, Ph.D., Chief Psychologist for Dallas best practices so that effective programs could be duplicated; and adult literacy, CSR projects, food County CSCD; Honorable Lana McDaniel,Administrative Judge, the education of policy-makers to the importance of gender- banks, cemetery maintenance, 203rd Judicial District;The Honorable Janice Warder, Presiding based community programming for women. highway and park cleanup, assistance Judge of Criminal District Court 1; and Bonita White, Deputy to disabled/elderly citizens, school- Director,TDCJ-CJAD. campus beautification, repairable toy It was the consensus that many women currently incarcerated can drives, construction provided to Members of the state team of Texas were Susan Cranford, be safely and appropriately managed in the community. charities, Boy Scouts of America and Director,TDCJ-CJAD; Debbie Roberts, Deputy Director of Community corrections is often viewed by legislatures and the United Way. These activities appear Programs & Services,TDCJ; Janie Cockrell, Deputy Director for public as the alternative to prison. We need to help change the to be popular for many departments Security,TDCJ-ID; Rose Hayden,Assistant Director of Budget political mindset to thinking instead of prison as the alternative to - regardless of size or location. Of and Planning for the Governor's Office;The Honorable Mary community corrections. the departments returning surveys, 79 provide speakers to schools and other organizations; 55 departments present at career-day programs. IMPORTANT COMPONENTS OF WOMEN’S PROGRAMS The committee is contacting 1. Safe and supportive environments 6. Job training and employment opportunities conferences about including management tracks on working with 2. Mentoring and role development 7. Substance abuse and sexual abuse treatment the media effectively. As part of the 3. Staff training in understanding of women's issues 8. Address mental/physical health problems June Skills Conference, Gary Hinzman, Director of the Iowa 4. Proper assessment and classification-gender 9. Family-focused approaches-reunification, reentry, Department of Correctional specific parenting; programs to aid abatement of women's Services, will present on how to 5. Life skills and education (asset or strength-based) concerns related to child rearing engage media positively. 10.Transitional services and support. A LOOK AT TEXAS WOMEN ON COMMUNITY SUPERVISION by E. Anne Brockett, Ph.D., Field Services Planner, TDCJ-CJAD; Adjunct personal relationships. The study recommended separate, gender-specific substance abuse treatment for women that did not separate them from their children. Supervision professor, Southwest Texas State University Criminal Justice Dept. should focus rehabilitative attempts on non-traditional employment training and life skills. A Day Reporting Center with concomitant day care was recommended. An increasing body of knowledge is available about incarcerated women felons nationwide but less is known about women under community supervision or probation In CSCDs, due to high caseloads and time-crunch urgencies, there may be a tendency in across the country and in Texas.The information in this article will focus on women practice to supervise women offenders exactly the same as male offenders but this under community supervision in Texas, felons and misdemeanants. practice may not be fully effective as it does not take into account variables which may aid in rehabilitation and reduced recidivism. Suggestions for best practices for Two decades ago, only a small number of defendants/offenders were women in all types rehabilitation of women community supervisees: of criminal justice involvement. In Texas community corrections, we are now approaching supervision proportions of 25%. Currently, community corrections data 1) Specialized caseloads are ideal for delivering services to women supervisees as the regarding female offenders in Texas is taken from the Offender Profile data is submitted reduced size allows for time for more exchange of verbal information, referral and with the FY 2000 Community Justice Plan. Some CSCDs provide 100% sample and follow up to multiple health and rehabilitative services and assistance with family issues. others provide a scientific sample of less than 100%; therefore the data is an estimation. Assigning a woman supervision officer would not be a whole solution, as all officers, Profile data indicates that there were an estimated 276,160 individuals under direct women and men, should be trained in understanding critical issues of women offenders, community supervision status as of August 31, 1998, 164,702 were felons and 111,458 such as communication differences, financial differences, child care complexities, were misdemeanants. Of 276,160 Directly supervised in the community, 65,502 were trauma due to sexual violence and domestic abuse, and other critical issues. women, close to 24%. Of felons, 25.3% were women and of misdemeanants, 21.4% were women. According to TDCJ-CJAD research section, the growth rate when 2) The majority of women supervisees have children and most are the custodians of the compared to all offenders is 1.48%, these additional 3,924 women are approximately 6 children. Office visit arrangements should be % increase from the previous profile data from August 31, 1996 (women = 61,518). made to accommodate this reality. Most Sadly, the revocation rate for women is increasing even more dramatically. The actual must bring the children, and the CSCD or growth rate is 2.40%, and the actual numbers of women has risen from 6,415 in 1996 to specialized officer might set days aside when 7,420 - an increase of more than 1,000 revoked women. Clearly, additional diversionary reporting might accommodate children more programs are necessary to reverse the rates and numbers of women being revoked. easily. As an example, volunteers from community organizations, such as churches, The Criminal Justice Policy Council (CJPC), a criminal justice research agency, provided might assist with office visitation with data that indicated that, in comparison to overall total TDCJ-ID and State Jail children. The reporting might be held at an information, the proportion of women supervised in the community is triple the alternate site. Develop CSR work to which proportion of women inmates. Importantly, the CJPC also provided January 2000 data children may be brought, such as volunteering at that indicates that if one examines the State Jail and substance abuse treatment SAFPF a nursing home, the YWCA or a food pantry. data exclusive of the standard ID prison units, this is consistent with probation's gender proportions:Women in the State Jail population were close to 22% (21.689) and women 3) Inter-agency communication: obtain the services of in the SAFPFs were close to 25% (24.821). This is consistent with the fact that the other agencies and provide services to other agencies populations of these units are primarily drawn from community supervision felony when possible: health departments; DHS; schools; populations. mental health services. A study by the Harris Co. (Houston) CSCD found that the majority of We do not yet have a complete individual offender database available, as the CSTS female offenders also received welfare or food database system is still in the process of being built. However, we have considerable stamps and that they were eligible for many individual offender information on women felons from our Felony Cohort study in 1993 services (employment, child care) from that with follow-up in 1994, 1995 and also from the SAFPF and State Jail division. The source. In agreements with DHS and other Felony Cohort study shows that African American and Hispanic individuals (men and social services agencies,Travis (Austin) and El women) are represented disproportionately to the general population. The Paso CSCDs cooperate with DHS to provide disproportion is even greater for African American women than men. As compared to educational services to women who need it, their male counterparts, women felons tend to be older; more often separated or some of whom are offenders and some not. divorced and living with children; less likely to be employed full time; less likely to have Previous studies have shown that women committed a violent or alcohol-related crime; more likely to have committed a financial supervisees have more physical health and mental health needs than male offenders, so crime; and more likely to be in financial difficulty. High risk scores are linked to agencies that provide these services should be contacted and accessed. Brazoria revocation, but for revoked women, high needs scores are as strongly linked to (Angleton) CSCD has found that best tools for reducing recidivism in intensive revocation as risk scores. supervision cases were in coordinated, consistent and frequent meetings with other agencies wherein specific services for specific offenders were planned. We know less about women misdemeanants, but estimations from related research is that they have many of the above characteristics, but are younger, single, have fewer past 4) Trauma and crisis services: research (Covington 1999) indicates that women arrests/convictions and thus reduced risks. Many misdemeanor offenses are related to supervisees have experienced domestic violence and sexual violence as children and alcohol and minor drug arrests. Lucia Urrutia, a CJAD staff member specializing in adults. Community supervision officers should be aware of the resources that can help management of residential programs, notes that because practitioners have little women with these issues. Further, officers should confirm that contracted programs, information on misdemeanants, we often wait until they commit a felony offense and such as those for substance abuse, include a post-trauma and sexual abuse component. swing into full-force action to supervise and manage them with all resources and surveillance available. A study on the needs of misdemeanants is certainly a priority. 5) Possible development of a specific risk/needs instrument for women. Dr. Barbara Owens, a professor and consultant for NIC on women offenders and a trainer Scholars attribute the increased numbers of women offenders to three factors: 1) drug concerning officer sexual misconduct, indicated in her January 2000 visit to CJAD that and alcohol use and related national "get tough" drug policies and sentencing practices; a gender-specific risk/needs classification instrument is needed. 2) generally harsher sentencing due to tougher anti-crime stance; 3) tendency to increase formal social control over women offenders - examples include areas in which women 6) Incarceration and revocation should be options of last resort, particularly for are found in number and heretofore not considered serious criminal offenses/behavior is technical violations. It affects not only the supervisee but also her children. now treated this way (welfare fraud, sexually risky behavior, addiction during pregnancy Consideration of the whole family system is common in juvenile probation, but rare in (Merlo and Pollack 1995). adult supervision. This may mean that options for paying fees and fines may be instituted because many women are economically marginalized (poor, under- In an ACA Journal devoted to issues for women offenders in December 1998, Cranford unemployed) (Merlo & Pollock 1995). It is also documented that minority women tend and Robbins identify strategies for managing and rehabilitating women offenders that to be arrested, convicted, and sentenced to prison at a higher rate (CJPC 1996) and that must take into consideration the following critical issues: 1) women are not men - this may also affect community supervision revocation. Diversity training for officers biological, sociological and cultural differences should be addressed in programming; 2) may raise awareness of these phenomena, possibly leading to previously unconsidered communication skills and styles- women supervisees communicate more and for alternatives to revocation. Dallas Co. CSCD has recommended an intensive Day different reasons than male offenders; 3) gender-specific training for staff is necessary; 3) Reporting Center option which would include a day care center, educational and the importance of interpersonal relationships; 4) development and operation of employment services, and mentoring program. programs that include the reality of children of women offenders; 5) addressing special populations of women sex offenders, and women who are either very young or old; 6) Works Cited: addressing vocational and educational needs. Covington, S. 1999. Helping Women Recover. Josey-Bass. San Francisco. Cranford, S. and Williams, R. 1998. Journal of ACA Corrections Today. December Dallas Co. CSCD was awarded a grant from National Institute of Corrections (NIC) to issue. Pp. 130-134. study the particular needs associated with female offenders, generally felons, and to Merlo,A. and Pollock, J. 1995.Women, Law and Social Control. Allyn and Bacon. define the kind and level of risk which they pose to the community. Repeat offenders Boston. were of particular interest. The study found that woman-repeat-offenders were State of Texas: Criminal Justice Policy Council;TDCJ-CJAD; statistical database substance abusers, most were mothers who had custody of minor children, most lived at information and official publications available upon request. or below the poverty line and were unemployed. Most were involved in unstable UPCOMINGUPCOMING EVENTSEVENTS

Community Action Corner Skills for Effective Intervention Conference The Skills for Effective Intervention Conference is a yearly event organized and After 17½ years of service to the courts, the community and the Williamson County sponsored by the CJAD Training and Staff Development Section. The theme of CSCD, Bill Schkade retired on December 31, 1999. Employed with Williamson County the 14th Annual Skills Conference is Crossing the Threshold; it is scheduled for CSCD since April 27, 1982, he worked first as a CSO in Georgetown,Texas, and later June 19-22, 2000 (Monday-Wednesday) in Austin at the Omni Downtown acted as the first supervisor of Taylor's satellite office, which opened on February 1, Hotel. The goal of the conference is to provide skill-building workshops that 1983. address issues of primary concern to community supervision and corrections departments. The focus is on the latest research and supervision strategies, When the Central Texas Treatment Center (CTTC) opened its doors on November 19, personal growth and development, and management issues. 1990, Mr. Schkade served as the director. The center was the first substance abuse treatment facility operated by a CSCD in Texas. Since 1990, more that 2,371 offenders The keynote speaker Dennis Maloney will address how his department in have received intensive inpatient substance abuse treatment at the facility under the Oregon implemented programs to rehabilitate offenders and make them more directorship of Bill Schkade. accountable and productive in the community. His department's vision became a reality when staff members worked to alter offenders' behavior in a positive The community has benefited from CTTC's programs-the garden program and the way and effected improvement in the community's view of offenders. community service restitution program. With the garden program, the treatment center The conference will hold 48 concurrent workshops that will cover nonviolent has grown and donated tens of thousands of pounds of vegetables to local, nonprofit verbal de-escalation, how offenders evolve, how to survive cross-examination, organizations. Equally important is the community service restitution program which personality profiling, offender drug issues, and maximizing resources in rural has provided hundreds of thousands of man-hours for the public good. areas. Crime Victims' Rights Week Council and Texas Probation Association (TPA) SAN ANTONIO'S NATIONALLY On Sunday,April 9, 2000 the annual ceremony, marking the beginning of National Crime Victims' Rights Week, will be held. This year's ceremony will ACCLAIMED PARENTING be cosponsored by the Texas Probation Association (TPA) and will be held at the Camino Real Hotel in El Paso. Occurring on the same day, the opening PROGRAM: MATCH/PATCH ceremony of the National Crime Victims' Rights Week Council will take place at 4:00 p.m. while the opening ceremony for TPA is scheduled for 6:00 p.m. Formed in 1995 the Crime Victims' Rights Week Council sought to organize by E. Anne Brockett, Ph.D., TDCJ-CJAD Planner and unify the ceremony and vigil of the Annual Crime Victims' Rights Week. The council strives to promote victims' rights and increase public awareness of Time has been said to pass slowly for detainees at the Bexar County Detention Center, victims' issues: serving victims better, promoting fellowship and effecting but administrators have found a remarkable way to "weave straw-time into gold-time". involvement of local agencies. During incarceration, detainees learn parenting skills, continue and build the parental bond and increase participation in classes when they participate in the Mothers and Their The TPA conference will run from Sunday,April 9 through Wednesday,April Children (MATCH)/Papas and Their Children (PATCH) program. 12. The conference theme is Adult and Juvenile Probation: Partners in the This program has been highlighted in national publications as a 21st Century. Criminal justice experts will address a range of subjects, such as model parenting and visitation program.As a TDCJ-CJAD effective courtroom testimony for officers, occult crimes against children, hate staff planner I visited the program twice in February 2000 crimes and race prejudices, reinventing probation, adult/juvenile sex offenders, and found that there are aspects of the program and mediation within the criminal justice system, culture and migration, legal issues collaborations with other agencies that are useful for in probation and other topics. A field trip to La Tuna Federal Correctional community corrections. It may have particular relevance Institution in Anthony,Texas (25 miles north of El Paso) is planned. to residential programs, but also is applicable in its community support groups after release. Although some Texas Corrections Association are headed for I.D., many of the detainees in the Bexar Prepare for a CHALLENGE! Don't miss the Annual Texas Corrections County Detention Center are currently on community Association Conference where leaders from the three branches of our Texas supervision and will return to the community or are in pre-trial government will address needs and opportunities before our criminal justice status which may result in placement on community supervision or State Jail placement. system. With one of the largest criminal justice systems in the world, we This model Bexar County program has already been adopted by Dominguez State Jail Texans must optimize resources. Skillful resource management takes into and Gist State Jail. account support for community supervision and treatment - the cornerstone of a sound correctional policy that promotes public safety. Parents who are cleared through the classification system are allowed contact visits with their children for one hour each weekend. The children are escorted to a colorful, toy- Dr.Tony Fabelo, Executive Director of the Criminal Justice Policy Council, is filled playroom by staff and volunteers from colleges and churches. Early in the program the dynamic criminal justice policy guru who will open the conference. With they realized that it was better for all if the parent sees the children without the insight on our current system, he will address how we can seize opportunities complexities of interaction with spouse or children's caretaker.The participating parents to improve the criminal justice system of the Lone Star State. must attend five classes per week of various types and exhibit good behavior on the unit to qualify each weekend. In addition, they have specific parenting courses they must Other conference presenters include Judge Larry Gist, Chairman of the Judicial attend.After each visitation, they have group processing, sharing and counseling. Advisory Council; Ronnie Earle,Travis County District Attorney;Wayne Scott, Executive Director,Texas Department of Criminal Justice; Susan Cranford, Aida Camero, program coordinator, states that the PATCH Director,Texas Department of Criminal Justice-Community Justice Assistance visits with the fathers often are more playtime and less Division; Steve Robinson, Executive Director of the Texas Youth Commission; filled with anxiety and tension than the MATCH visits with Vicki Spriggs, Executive Director of the Texas Juvenile Probation Commission; the mothers. Few fathers were custodial or primary Susan Hunter, Director, Prisons Division, National Institute of Corrections; and caretakers of children prior to detention. They may be Dan Beto, Director of the Correctional Management Institute of Texas at Sam better parents and play more with the children than when Houston State University. not incarcerated.The volunteers take many pictures for the This issues-driven conference is scheduled for June 11 - June 14, 2000 at the children and parents, often the only ones they have. Hyatt Regency Hotel on Town Lake in Austin. However, the situation is different for most mothers, as they were responsible for and involved with their children daily.The visiting children are more deeply traumatized by Aida Camero has been the coordinator of San Antonio's MATCH/PATCH program the arrest and incarceration of the mother. They are more since August 1999. angry and resentful of the mothers' absence.They must strengthening.The community program has support groups, change primary caretakers who have new rules, expectations and financial burdens. It is, crisis intervention, job development, information and of course, greatly contradictory to the culturally anticipated role of mother. Mothers referrals for parents and children. often attempt to assert their parental role and authority, but meet opposition from children because it is not possible for them to follow through. They, too, must learn to The MATCH/PATCH program welcomes visitors and listen and play with the children in a different way.The counseling and support of the volunteers. Contact Coordinator Aida Camero at the Bexar MATCH group helps them deal with these problems. County Adult Detention Center (210) 270-6330.

A very important link is a community component.The parents are linked to this when released. Major goals of the MATCH/PATCH program are family reunification and COURSE DEVELOPMENT: FROM THE APPA

CSO CERTIFICATION by Steve Morrison, Unit Supervisor of Taylor and Round Rock Satellite Offices, Williamson County CSCD

TRAINING As a member of the executive committee of the American Probation and Parole Association (APPA), Rick Zinsmeyer,Williamson County CSCD Director, attended the organization's February 2000 Winter Training Institute. Held in Nashville,Tennessee, the by Russell Brown, Training Specialist, TDCJ-CJAD institute offered speakers who addressed topics from promising prevention programs to efforts to repeal the 63-year-old Interstate Compact for Adult Offender Supervision. Determining what changes should be made to CSO Certification training is under way. Some other Texas attendees who served as committee participants, chairs and co-chairs Those respondents to our survey about the training have fueled this review. In January, were six judges from Harris County, Bryan McKay, Hunt County CSO, and Ron Training and Staff Development (TSD) compiled sufficient responses to the survey to Goethals, Dallas County CSCD Director. move forward. At the August 1999 Annual Training Institute held in New York City, the board of After CJAD Data Services created a database for the responses, the next step was directors of APPA elected Chief Zinsmeyer to a two-year term on the executive analysis of the information to focus on trends, questions and concerns. To aid this committee. The position is one of two elected from 34 regionally elected board process,TSD will request some survey respondents to participate in focus groups to representatives who serve on the board for six-year terms. define and refine issues and to identify best practices. Best practices can direct newly hired CSOs to effective case management of offenders. The executive committee, with powers stemming from the board of directors or the organization's constitution, conducts the business of APPA. Members of the executive Revamping a course is a time-consuming process but the effort can mean significant committee function as ex-officio members of assigned committees of the association. improvement for CSO Certification training. Chief Zinsmeyer serves as the liaison from the board on the technology, victims and accreditation committees.

International in scope, the American Probation and Parole Association is composed of Canadians and Americans involved with probation, parole and community-based NEIGHBORHOOD BASED corrections. The association is representative of varied governmental levels: federal agencies; local and state/provincial governments; and legislative, executive, judicial branches.The organization's constituents are diverse--educators, volunteers and SUPERVISION REQUIRES concerned citizens are among APPA's members. The organization has evolved into the voice for numerous probation and parole practitioners, including line staff, supervisors DEDICATED OFFICERS and administrators. The mission of APPA reflects its ethos: by Earnest Nelson, Community Supervision Officer II, Dallas County CSCD To serve, challenge and empower our members and constituents by educating, communicating and training; advocating and What does the phrase community supervision officer mean to you? Probably for most of influencing; acting as a resource and conduit for information, us, it means officers who work in the field, in offices, at State Jails or in work release ideas and support; developing standards and models; and programs. But, for Officer Fidel Silva and Officer Robert Morris of the Dallas County collaborating with other disciplines. Community Supervision and Corrections Department, the phrase carries a somewhat different connotation. They work at the neighborhood based supervision (NBS) office in the Five Points area of the Vickery Meadow Improvement District (VMID). DEPARTMENT PROFILES The NBS office opened in September 1998. Neighborhood based supervision promotes interaction with the community and the probationers who live in the area. Although the Five Points area has a high crime rate, Dallas police officers use adjoining office space REPORTS FROM GREGG COUNTY CSCD and frequently and Crime Strike Security patrols the area in late afternoons and at night. NUECES COUNTY CSCD Working in neighborhood based supervision means evening and weekend hours, many meetings and only eight hours per week of working from home. However, with the Gregg County CSCD exception of the one report day each week, these officers set their own schedules. by Hollie Booth, Presentence Investigator Officers Silva and Morris supervise primarily felony offenders. While on field visits, they can and do often take monthly reports. Each officer supervises CSR one day each Gregg County may be one of the smallest counties in Texas but its CSCD is very week. Neighborhood based supervision permits probationers, who are already close to active. With a county population slightly exceeding 112,848, the department home, to satisfy community-service requirements within their community. During this offers a variety of programs. Among these are Sex Offender Counseling Groups, last year, probationers have performed CSR at such neighborhood events as National Batterers' Intervention and Prevention Program,Theft Class,Anger Management Night Out and have sorted, packed and delivered the Vickery Meadow Improvement Class, Intensive Anger Management Program,Victims' Impact Panel, Drug District newsletter. Offender Education Program, Driving While Intoxicated Program (in English and Spanish) and Lifeskills. Two officers are licensed chemical dependency counselors Every Tuesday an inner community police (IPC) officer assigned to Vickery Meadows and several officers hold graduate degrees. holds a crime-report meeting. These meetings review the previous week's list of neighborhood crimes perpetrated against individuals. Consistently attending these Recently Gregg County CSCD received recognition for its Community Service meetings are members of the VMID Board, Dallas police officers, private security, Restitution Program. Commissioners noted that during the 1999 calendar year, managers of apartment complexes, business owners, residents and one NBS staff probationers had given in excess of 30,500 hours of work, resulting in savings of member. Occasionally, probationers have been victims of the neighborhood's crimes but, $157,000 to Gregg County citizens. to date, no probationer has been identified as a perpetrator. Nueces County CSCD In addition to meeting periodically with apartment and business managers, NBS staff members rotate in attending monthly meetings of Crime Watch and subcommittee by Diana Mirelez-Amaya, Supervisor for the R.I.T.E. and Hope Programs meetings of the VMID Board. In March 1997 the Residential Intensive TAIP Experience Program (R.I.T.E.) Highly visible in the community, Robert Morris and Fidel Silva ride bicycles to make initiated service to the chemically dependent misdemeanants of South Texas. field visits; from time to time they accompany bicycle officers of the Dallas Police Covering an area that had lacked resources, the program has aided CSCDs Department. These CSOs are on call 24 hours a day. If a probationer calls, one of the needing to refer their misdemeanor population for inpatient substance abuse officers must return the call-no matter the time. treatment. The program serves the CSCDs of San Patricio County, Cameron County, Kleberg County, Duval County and Nueces County. The commitment of Neighborhood based supervision is casework oriented. Fidel Silva contends that his job the five counties has made the project a success. allows him to be an "old-fashioned" community supervision officer because he works with so many members of the community. He and his partner Robert Morris are team The 24-bed substance abuse program has remained at 100 percent capacity since members in the office as well as within the community. For both men, the job really is its inception. Besides misdemeanants, the program has served felons screened for COMMUNITY Supervision and Corrections. appropriateness. Staff members provide direct services in a program that delivers eight weeks of intensive substance abuse treatment. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM AND SPECIAL NEEDS OFFENDERS by Steve Rampy, Director, Lubbock County Corrections Facility completing the program maintained employment for at least 90 days.

PROGRAM HISTORY and DEVELOPMENT Education was another sphere of success. Our perception had been that no one would be able to participate in, much less, complete any component of our educational In September 1996, discussions began with staff of the Community Justice Assistance program. Eight offenders who were considered mentally impaired or developmentally Division of the Texas Department of Criminal Justice concerning the utilization of 96 disabled have achieved their GED since the program began. We learned that a label of vacant beds at the Lubbock County Corrections Facility. Numerous proposals had been "special education" on school records does not necessarily mean that an submitted, ranging from an all-female unit to a transitional treatment center for parole. offender/student could not achieve greater educational skills. Funding constraints and logistical problems created roadblocks in the implementation of programs for these beds. However, in September 1996, serious discussion turned to the We came to another important conclusion about this group of offenders. They have development of 24 of these beds for special needs offenders; emphasis and priority been buried in the criminal justice system. Owing to a lack of resources, the system has would be on mentally retarded, mentally impaired or developmentally disabled tended to provide minimal supervision as long as the offender does not violate his offenders. The Treatment Alternative to Incarceration Program (TAIP) was to be the probation. Addressing the issues of life skills and addiction have not been key points of funding source. focus. In reviewing misdemeanor cases, we found that frequently cases have been reduced from felonies to avoid more severe sanctions or a commitment to the What is a special needs offender? That question came from staff, judges and others. institutional division (ID). Facility administration replied, "You know, they're offenders with special needs." At this point, I undertook a clear definition of special needs offender. One thing was apparent. We were able to more effectively "treat" some residents who had been referred to the We would be sailing into virtually uncharted waters. I found very little information on program for a second time. Such treatment improvement was based on our heightened residential programming. Meetings with staff of the Texas Council on Offenders with awareness of problems and our focus on addressing needs. Many offenders proved Mental Impairments (TCOMI) proved beneficial in understanding the target population themselves to be very "street smart". They divided staff easily by using their label as a and that population's uniqueness in the criminal justice system. means to manipulate counselors, security and probation staff. Such manipulation resulted in instances of excessive staff investment in some residents and reluctance to set With the announcement to staff that the program would be implemented beginning boundaries. March 1997, I received interesting reactions. Many of these reactions were based on fear of the unknown and supposition that these offenders were totally dysfunctional and Although programming requires structure, flexibility in design is essential to dangerous. Even our contract psychiatrist, who had been with us for several years and accommodate the offender population. Inflexibility in addressing treatment issues had contracted with the TDCJ-ID Montford Unit for the criminally insane, turned in his causes problems. Families play a pivotal role in the offenders' success in the program, resignation. He stated, " I feel that I no longer will be adequately able to provide the especially in areas of custody, approval of medications, cohesiveness and support of services needed ." After further discussion and "education", the psychiatrist withdrew offenders and their needs upon release. his resignation, and continued working at the facility. Issues of low impulse control, aggressiveness, medication compliance, and related Staff became increasingly apprehensive about the program configuration and offender problems force staff to spend extra time in staffing and counseling sessions. Many issues type. We speculated, "What type of offender will you have if you enhance the criminal are addressed in cognitive groups and in other areas of programming. Although staff mind with mental retardation and add chemical dependency or abuse?" burnout is a constant specter, it can be offset with continual training. Having a mixed offender population in living areas and program activities becomes disruptive. Special Programmatically, breaking the traditional treatment mold utilized at the facility was the needs residents/offenders cannot conduct themselves appropriately until they have next challenge. All of us had thought in terms of change, improvement, sanctions, progressed in the program and have acquired coping skills. Adjustments in accountability, education, community service, work, easily defined treatment goals and programming have been made in all areas so as to minimize the negative impact on other offender responsiveness. Communicating with offenders on an established level was the programs. Staff training and teamwork buttress program strength. mode of the day. Various questions arose. Would we superimpose the existing program onto the TAIP program? What modifications should be made? How could we communicate the tenets of Alcoholics Anonymous (AA), other support groups and standard treatment modalities? What would or would not work? Dr. Latessa, where were you when we really needed you?

We superimposed our existing program onto the TAIP program in the areas of community service and employment. Then, we assessed offenders on their level of function, and provided education in reading and comprehension. Our existing vocational program was utilized for those with a borderline or higher level of function. For offenders who were mentally retarded by legal definition, we focused on life skills, and used cognitive PROGRAM OUTPUTS programming as a component. Staff learned to communicate simply to explain the concept of addiction and abuse. Staff members who were patient and understanding of As our program developed, we wondered, "Is it worth it?" Value may be measured by this offender group participated in this program. Although aware of offenders' taxpayer dollars saved or by determining if any offenders reoffended and were limitations, staff expectations of this population were similar to expectations of other incarcerated. Value may be measured by what the program and its participants return to offenders in the facility. But, the expectations were counterbalanced with questions. the community. Could these offenders obtain and maintain employment? How much risk would these offenders pose to themselves and the community? Could those who were borderline These offenders are high risk and high need. Since March 1997, 94 offenders have understand enough to improve their comprehension by one or two levels beyond their entered the program; 73 have been discharged. Of those 73 individuals, 28 successfully levels at admission? What success rate can we anticipate? completed the program and 30 were discharged as medically inappropriate placements. Total expenditure for the program since March 1997 is $806,237 with a cost per day of To effect consistent progress and consistency in the disciplinary staffing process, we $36.91. relied on the Strategies for Case Supervision (SCS) as a guide for the application of treatment and corrective actions. Of 94 offenders admitted to the program from March Our special needs residents in TAIP have completed a total of 13,953.41 hours of 1997 through August 1999, 50 were in the environmental structure (ES) strategy group community service; this translates to a dollar value of $86,132.25 to the community. while 35 were in the casework control (CC) strategy group. The SCS was a tool to With these statistics in mind and very aware of limited resources and information, we establish treatment plans for the resident and to determine what type of counselor would concluded that the program is worth every dollar put into it. Offenders are held be able to work effectively with each strategy group. accountable and they can learn skills that promote a pro-social life style.

COMMON THREADS or the A-HA FACTOR CONCLUSION As this program has evolved, some common threads became apparent. Many of these Although those of us in the program accept that our progress has been slow, we are were obvious and based on common sense. convinced that our efforts have been beneficial. Residents who had never worked were employed. The need is for increased awareness and resources in the criminal justice We realized that though these offenders were special needs offenders, they functioned community. especially well when regarded as the "normal" offender population was regarded. Many special needs offenders resented being treated differently. They knew that they were The dichotomy of perception versus reality comes to the fore in working with this different, but preferred to be treated the same as others. In retaining employment and population. The perception that the population is difficult is true. The perception that community service requirements and not focusing on their thought and decision-making the population is not adaptable is not true. Special needs offenders will not "just go processes, we found that these offenders achieved in various areas-for example, away". Whether presently in community corrections or in an institutional unit, they will employment. We had expected that few if any of these offenders could obtain be in society at some point. With time and resources, we can make a difference. We employment, much less maintain it for 90 days. However, about 50 percent of those have not found "the solution" but we are trying. GENERAL COUNSEL UPDATE

by John Orton, Assistant General Counsel, TDCJ-CJAD ATTORNEY GENERAL ISSUES OPINION ON DISPOSITION OF FINES TEXAS COURT OF CRIMINAL APPEALS DISCUSSES DUE DILLIGENCE In Opinion No. JC-0173, February 2, 2000, the Attorney General addressed the issue The Texas Court of Criminal Appeals recently held it was not harmless error when a of the proper disposition of fines collected from a criminal defendant pursuant to a court denied a motion to dismiss a probation-revocation court-ordered modification of the terms of the defendant's community supervision. proceeding when the defendant showed the State did not use due diligence in executing the capias. As a general rule, fines paid by a criminal defendant in a district or county court are collected by a county officer pursuant to the requirements of Chapter 103 of the Code In Brecheisen v.Texas, No. 0452-98, October 27, of Criminal Procedure and deposited in the county treasury. See TEX. CODE 1999, the court placed a defendant on a two year CRIM. PROC.ANN. arts. 103.003(a), .004(a), .010 (Vernon Supp. 2000);Tex.Att'y probationary term on September 12,1991.The Gen. Op. No. DM-396 (1996) at 8.Article 42.12 of the Code of Criminal State filed a motion to revoke on March 31,1992.The Procedure, however, establishes a different procedure for money collected from probation officer was aware that between April a criminal defendant as a result of an "increase in the defendant's fine" 1992 and October 1993, the defendant had been in imposed pursuant to a modification of the terms of the defendant's jail at various times for different offenses. Despite this, the capias was community supervision. not served on the defendant until October 4, 1993. The Attorney General's opinion states an "increase in a The Defendant raised the issue of due diligence at her revocation hearing. The defendant's fine" for purposes of article 42.12, section 22(d), of the trial court revoked her probation, but gave the defendant credit for time Code of Criminal Procedure means an increase in the total fine assessed served after the capias was issued. against the defendant, including the probated and unprobated portions of the fine.The language of article 42.12 suggests that "an increase in a defendant's The Second Court of Appeals found the State failed to exercise due diligence fine" refers to an increase in the "original fine" imposed upon the defendant: in executing the capias, but affirmed the trial court's judgment by applying "The original fine imposed on the defendant and an increase in the fine imposed harmless-error analysis.The Court reasoned that since the defendant had under this subsection may not exceed the maximum fine for the offense for been given credit for the time she spent in custody, she had been made which the defendant was sentenced." TEX. CODE CRIM. PROC.ANN. art. whole. 42.12 § 22(d) (Vernon Supp. 2000).The "original fine" is the total fine assessed against the defendant at the time the defendant was sentenced and placed on The Court of Criminal Appeals found that the Second Court of Appeals did community supervision. Only when there has been an increase in the total not correctly apply the harmless-error analysis to the State's use of due amount of the original fine has there been an "increase in the defendant's diligence.The Court said: fine" for purposes of article 42.12, section 22(d) of the Code of Criminal Procedure. "The defendant has the burden, at the revocation hearing, to raise the defense of lack of due diligence; then, the State has the burden to show In the scenario presented to the Attorney General, the defendant was that due diligence was used . So long as the State's failure to exercise assessed a total fine of $2,000, of which $1,500 was probated and $500 due diligence is a defense to revocation, the erroneous effect the defense cannot be said was required to be paid immediately.As the result of a motion to revoke, the judge did to be harmless." Additionally, the Court noted, "When reversible error is committed, not increase the amount of the $2,000 fine, but "reinstate[d] $1,000.00 of the $1,500.00 the defendant is entitled to a proceeding free of the error." fine that was originally probated." No "increase in a defendant's fine" occurred in this case because the total fine originally assessed against the defendant, $2,000, was not The Court of Criminal Appeals held that the State's failure to use due diligence in increased.The Attorney General concluded the fine should go to the county treasury and serving a capias on a motion to revoke probation constituted reversible error in this not to the community supervision and corrections department. case, and the appropriate remedy was to dismiss the motion to revoke.

MOVING AHEAD 1. Do your job and do it well. 2. After you know you are doing your job well, reach beyond it and get involved in other activities that help your fellow staff by Stephen L. Enders, Director, El Paso CSCD members, the department and the community. 3. Take responsibility for your shortcomings and failures. Bumpy Did you ever wonder why some people seem to get ahead while others seem to be on a spots along the road to success are unavoidable. treadmill or even going backwards? I'm talking about the workplace as well as life in general. If you're one of those who is in forward momentum in your career, then keep 4. Reach to the next level to obtain better educational credentials; right on doing what you're doing. But if you feel you're not getting anywhere in your the effort will make you better qualified for advancement, and career, then you would do well to heed the advice contained in the rest of this column. provide you an edge when competing against others. If, no matter what else I say here, you still feel that others get ahead because of 5. Maintain a positive attitude. It does not help anybody to have a favoritism, then I'm probably not going to do you any good. But, I do hope you will negative attitude about others or about the department. find a spark of truth in these words to help you "see the light." 6. Don't be a "yes" person-be an "idea" person. I, for one, don't After 26 years with this department, find yes people very helpful to me or to the department. most of them in management, I have 7. Be cognizant of the mission of the department and your role had ample opportunity to observe within that mission. If you don't know the mission, learn it! Be the qualities most common in those a person with the "big picture." members of our staff who are successful in advancing their careers. 8. Always treat clients, victims, the public, and other constituents I would like to use the rest of this with dignity and respect. Remember that you are a public column to share some of these servant paid with taxpayers' funds. qualities, in no particular order: 9. Memorize the Code of Ethics and follow it! These are the attributes I feel you need to reach your full potential to 10. Do not bring your personal problems to work so that they affect advance. You don't have to be a your job performance. However, if you have problems, seek "saint" to achieve them. In fact, I help from someone you trust, or consider using the feel that the department and its department's EAP. managers have a role and a 11. When having a disagreement with another staff member, learn responsibility to help you develop to compromise; try walking in the other person's shoes. these qualities. Because I know we've shared that role with many staff members over the 12. Do not become known in the department as someone who years, I am very proud of those staffers who have advanced themselves within the gossips. department and, yes, even those who have used the department as a springboard for 13. Recognize the virtue of loyalty. successful careers with other agencies. 14. Be patient. When you compete against others, it may take several tries before you succeed in attaining your goal. LETTER TO THE EDITOR IN THIS ISSUE: CSTS, TAIP, NATIONAL SYMPOSIUM ON WOMEN Editor’s Note OFFENDERS, MOVING AHEAD, APPA, CSO TRAINING, NEIGHBORHOOD BASED SUPERVISION, WHAT WORKS, AND MANY MORE !!!! TO: Carolyn Bolinger, Editor,TexaSuperVision The next issue of Texas Supervision FROM: Pat Kidd, Chief, McCulloch County RE: A letter to the editor - article downloaded from CJINS, " is planned for July 2000. Four Sanctioning Orientations " Vol.3, No.1 THE TEXAS Dear Editor: Please submit copy for the Thanks to Nacogdoches Chief Ricky Brice for bringing the above “WHAT WORKS” INITIATIVE noted article to our attention and to Hunt Chief Larry McKinney June issue no later than for his comments in reference to that article. (See CJINS files to by David Dillingham, Correctional Program mission has been fueled by mounting empirical download.) Friday, May 26, 2000. Specialist, National Institute of Corrections evidence that punishment simply does not work. At best, locking up someone buys a reprieve for I enjoyed reading M. Kay Harris's outline of the four orientations the community, but is not a solution. The of community corrections, and recommend it to anyone involved In entering the 21st Century, the corrections world is vastly different from that of 20 or even evidence is clear that the best results are in criminal justice. Unlike many journal pieces, this well- achieved when treatment interventions seek to conceived work is written with folks like me in APPOINTED CONT. 10 years ago. In part, it is a matter of sheer numbers. The prison population in the U.S. has change behavior. Society is ahead when it can mind - sort of a probation philosophies for dummies in a style keep offenders in the community to pay taxes, that is, as the author hopes, "both coherent and compelling." topped or will soon top two million; this is up County District Attorney's Office, the El Paso Police Department from 740,000 just ten years ago. These numbers support their families and contribute to the and FBI Gang Intelligence Squad, the Harris County Sheriff's reflect our "grand social experiment" of community. In brief, Harris partitions community corrections into four basic Department, the Department of Public Safety, the Texas Youth areas: 1. Risk Control, in which we acknowledge the inevitability maintaining public order through the threat of Commission, the Texas Department of Criminal Justice, the punishment and incarceration. In the 1970s with Contrary to the wisdom of the last 20 years that of risk but severely limit threat to community safety through Juvenile Probation Commission and the Criminal Justice Policy "nothing works" in correctional treatment, we short-tethered supervision and swift response to violations; the death of rehabilitation as the primary mission Council. of corrections, we put our faith in the power of know that many approaches do work and work official punishment as the answer to crime. The remarkably well. Targeting high-risk offenders, 2. Effective Correctional Intervention, a method whereby both Prior to selecting Chief Garcia, Governor Bush visited Bexar dealing with their problems that contribute to risk and rehabilitative needs are assessed - offenders judged at common wisdom was that if the price was high County, rode with probation and police officers into gang- enough individuals would be deterred from criminal behavior and using known, effective high risk of committing future crimes receive specific treatment dominated areas and met with victims. He observed home-visit intervention strategies can produce substantial intervention; committing crimes and we would all be safer as surveillance and cooperative contingents of probation and police a result. If this approach failed, we would keep recidivism reduction and promote public safety. officers confiscate illegal weapons. law violators locked up for ever longer periods However, the discouraging news is that using 3. Restorative or Community Justice, a conceptually holistic set of instruments such as the Correctional Program beliefs that encourages all community agencies/members to work of time so that they had no chance to harm As part of standard operations, officers make nighttime others. Assessment Inventory (CPAI) to evaluate many with criminal justice practitioners, first to seek the cause of unannounced contact to effect urine analyses and test for alcohol. correctional programs across the country shows crime, and then to address how best to repair the social damage Such visits provide officers insight into the activities of gang that numerous agencies are not using the most to the community resulting from the crime; and However, as we embark on this new decade, our members. Chief Garcia notes, "For gang members willing to belief in punishment as the single best answer to effective interventions. meet law enforcement half way, officers can offer educational crime is waning. Increasingly serious doubts are 4. Structured Sanctioning, a set of sentencing guidelines that work programs, job training and other appropriate assistance; if these Since the 1970s, the mission of the National as a deterrence to crime through their "equity and predictability." voiced about what we have bought for the opportunities are rejected, the result is incarceration." billions of dollars spent on incarceration. The Institute of Corrections (NIC), an agency within doubt has led to a fundamental and profound the Federal Bureau of Prisons, has been to assist

Harris makes the case that while these categories are indeed April 2000 rethinking of the basic purposes and goals of the state and local correctional agencies. In dong separate areas for research and design, "the reality is that no such this, the NIC has worked to call attention to the clear distinctions are being drawn in practice," and that a merging correctional system. Reconsideration of our of two or more schools of thought is certainly possible. (And cont. on inside page probable.) APPOINTED TO VIOLENT GANG TASK FORCE While, as Brice commented, there is nothing particularly new Our goal is to print news of interest to CSOs. here, I agree that it is one of the best encapsulations of community supervision orientations in the literature today. Susan Cranford, Director by Carolyn Bolinger, Information Specialist, The task force is a ten-member group Texas Department of Criminal Justice TDCJ-CJAD established by the Texas Legislature to And finally, to make it absolutely dummy-proof, the author Community Justice Assistance Division [email protected] coordinate law enforcement activities statewide, includes a condensed and categoried one page, bold-face, easy to Governor George W.Bush has appointed L. and to track and curb the growth of criminal read chart that breaks down the four orientations into words, Send news & ideas to: Caesar Garcia, Chief of the Bexar County street and prison gangs. Caesar Garcia is among phrases and concepts that can be digested and processed by those Carolyn Bolinger Community Supervision and Corrections four members already appointed to the task of us whose short-term memory went south sometime in the late Phone: (512) 305-8584 Fax: (512) 305-9368 Department, to the state's Violent Gang Task CJINS: Carolyn Bolinger force. At full complement, the group will '70s. Internet: [email protected] A Professional Journal Force. The appointment became effective on reflect a cross section of law-centered Mail: Price Daniel Sr. Building for Community October 25, 1999. organizations: Bexar County CSCD, the Dallas Download. Read. Dialogue with a colleague. You'll be glad you 209 West 14th St., Suite 400, Austin, Texas 78701 did. Supervision in Texas cont. on back page