NEW YORK JCuly/August 2O013 UNTY VisitL us at wwwA.nycla.orgW YER Volume 7 / Number 24 Federal Re-entry Programs in the Southern and Eastern District Courts of New York: Creative Approaches to Offender Recidivism INSIDE Negotiation ..................... 2 By Laury A. Betha, Esq. GEDs, and do community serv - ice until employed. It takes In 2002, in an effort to reduce between one and two years to recidivism rates, the Eastern complete the STAR program, but Speaking Tip .................. 2 District of New York launched participants can remain in the an experimental program involv - program for longer periods of ing supervised re-integration of time. released federal offenders into the community. Currently, To graduate, the participants Judges Dora Irizarry and John must have 12 consecutive Met the New Officers and Gleeson, and Magistrate Judge months of sobriety. The Chief of Steven Gold supervise these pro - Federal Probation for the EDNY, Directors ......................... 3 grams. Eileen Kelly, states “the goal of the program is abstinence.” “As In 2012, the Southern District of long as the participants are will - Meet the New Foundation New York initiated a similar pro - ing to remain in the program gram, supervised by District then they can stay.” It may take Board Members ............. 6 Judge Harold Baer, a former longer than two years to get 12 president of NYCLA, and months of sobriety. When there Magistrate Judge Harold Pittman . Both Participants in STAR are offenders is a relapse, the offenders are sanctioned the SDNY and EDNY programs have whose “drug use led to criminal activity” with graduated consequences such as achieved impressive results, but are says supervising probation officer Nella more meetings with their probation offi - New NYCLA Dues threatened by recent cuts to the budget of Yalenovic. The participants have either cers, home confinement, or for severe Structure ......................... 9 the federal judiciary. completed their sentences, and are on infractions, incarceration. Remaining in supervised release or have been admitted the program or termination are judicial TABLE OF The underlying premise of the re-entry to the program as an alternative to incar - decisions not subject to appellate review. programs is collaboration – a team ceration. Judge Irizarry, Probation (see infra , Statement of Reasons for CONTENTS approach to assisting released offenders Officers Nella Yalenovic, Christopher Accepting Deferred Prosecution to reintegrate into their communities and Wodzinski, and Yolanda Diaz, federal Agreement Dismissing Charges Entirely , Book Review ......................................... 6 society at large. The re-entry programs defenders, Lem Kamdang, Esq, and Gleeson, J.). involve intensive supervision, over a Mildred Whalen, Esq, and staff from CLE Institute ......................................... 4 short period of time, that address the drug treatment programs meet with the On June 4, 2013 from 9:30 until 11:30 whole person rather than just the crime. offenders in the courtroom the first a.m., I observed the STAR program in Criminal Courts Manual ..................... 13 The main goal is keeping the offender Tuesday of every month for the purposes Judge Irizarry’s courtroom. There were Electronic Research Center CLEs ...... 10 out of any further criminal trouble. 1 of progress review. The key components 11 offenders who were a mix of alterna - of the program are education, obtaining a tive to incarceration and post-release Ethics Hotline ...................................... 11 Eastern District of New York (EDNY) job, drug treatment, cognitive behavioral supervisees. One person graduated from Health Insurance ................................ 12 STAR Program therapy, and community service. The the program and has now finished his Since 2005, EDNY Judge Dora Irizarry idea behind the program is to decrease federal sentence entirely. The Chief Judge High School Essay Contest Winning has run a supervised reentry program for recidivism. Judge Irizarry reported that of the EDNY, Carol Bagley Amon, pres - Submission .......................................... 13 drug offenders. The drug court program STAR partners with Daytop Village “in a ent at the graduation, praised the gradu - began in 2002 under the late Judge significant way” for the purposes of drug ate, saying that he was an “inspiration to Library Notes ...................................... 10 treatment programs. Daytop Village has Charles P. Sifton. In that same year, the all.” She noted that this program was not Long-Term Care Myths ...................... 12 program was re-named STAR “accommodated” the STAR participants “part of the official duties” for Judge (Supervision Treatment and Re-entry). by having Saturday meetings that do not Irizarry, the federal defenders, or the pro - Meet the New Foundation Board STAR is designed to provide “the kind of interfere with participants’ work sched - bation department demonstrating the Members ............................................... 6 structure, intensive supervision, account - ules. The key to success of the STAR commitment that the federal courts have ability, drug and mental health treatment, program, which is now unfunded, is the to reducing recidivism. Message from Barbara Moses, NYCLA educational, vocational, and employment partnerships with community programs assistance that will give addicted offend - which are supported by Medicaid and The other 10 are in various stages from President ................................................ 3 ers a better chance of leading a drug-free other public insurance programs. Other the first day in the program to several Message from Lewis S. Tesser, and law-abiding life than they would oth - community based drug treatment pro - months in the program, and are well on erwise.” 2 grams include the Hope Program, and their way to completion. Many have President of the NYCLA Foundation ... 6 820 River Street. According to Mr. obtained jobs, have been sober for Negotiation ............................................ 2 While the evaluation by the Federal Wodzinski, the 820 River Street program months, and are involved with their fam - Judicial Center has not been made pub - is based on one similarly named in ilies. Some are still working toward New NYCLA Dues Structure ............... 9 lic, the early findings are that the recidi - “Upstate New York.” sobriety and employment. Movement New Officers and Directors .................. 3 vism rate is 10 percent for STAR partici - toward the educational goals of obtain - pants versus 15 percent for those not in The incentive for participation is that ing a GED, or completing college cours - Recent Events ....................................... 8 successful participants can get as much the program. Also, Judge Irizarry provid - es, is still a challenge for the partici - Recidivism ..................................... Cover ed statistics that suggest that as much as as four years removed from their super - pants. Competing family and work a half-million dollars in savings may vised release. Ms. Yalenovic reported responsibilities can interfere with Speaking Tip ......................................... 2 result from the use of federal drug court that successful participants complete accomplishing educational goals. What’s Tweeting ................................. 11 programs instead of incarceration. drug treatment, are involved in an educa - However, most importantly, there were tional component such as getting their (See Recidivism on Page 14) 2 July/August 2013 / The New York County Lawyer Know Thyself: Styles and Tactics at the Negotiation Table By Clara Flebus, Esq. Matching Styles to Situations and communicate their own needs. To A helpful method to predict the effective - avoid learning too little, or revealing too “A negotiation is an interactive communi - ness of negotiation styles is analyzing much, attorneys should determine what cation process that may take place when - every bargaining situation by asking your they want to know , what they wish to ever we want something from someone client: (a) how important are the issues divulge, and what they prefer to keep pri - else or another person wants something involved; and (b) how important is the vate. In this phase, there are few general from us.” 1 People negotiate every day in relationship between the parties to tips to remember: (a) gather information their personal and professional life, achieve their respective goals in the about the other side’s interests, issues, whether or not they are aware they are future. 5 Typically, in market-mediated and perceptions by using active listening doing it, without the help of lawyers or transactions such as home, car, and land techniques that involve asking questions other agents. As a result, people develop sales between strangers, the stakes are and paraphrasing the response to demon - negotiation styles which are generally considerably more important than any strate your understanding of what a per - based on personality, self-identification, prospective relationship. 6 A predominant - son said; 9 (b) provide pertinent informa - attitudes derived from family, gender, cul - ly competitive style can be effective in tion regarding your clients’ interests and ture and experience, and preconceptions this type of negotiation, where the focus concerns, as these factors may be the real about the process. At the negotiation is on a party’s gain, without particular key to a satisfying and realistic