Frank McCormick
Western Regional Director
I have been a member of NAPSA since 2002 and have been privileged to attend the conference in Ohio (2007). Due to the severe budget crisis we are experiencing, there is no money available for any travel or training. My conference experience was invaluable to me and to my office for the resources and contact information that I brought home. After my attendance to the NAPSA Conference in 2007, I returned with new ideas and training to pass on the knowledge to my co-workers. The most rewarding aspect of attending a NAPSA conference has to be having the opportunity to meet some of the best and brightest in our field.
Since I have been in the criminal justice field for a few years, I have the tendency to become jaded about my job, as I come in contact with so many of the most negative aspects of my community. By meeting with others in our profession, exchanging ideas, and seeing the best and most innovative workshops, I know that I will never tire of my profession and will come to work each day with the expectation that I can be performing a valuable community service.
I have the desire to become the supervisor of my office one day. My current supervisor will soon be retired and has been a part of Pretrial Services for over 20 years. I hope to gain new, innovative ideas from the conference to begin to prepare myself for the task. I would like to attend workshops, which provide all the latest in research and training in our field. I would like to learn new and recent developments, and take the opportunity to also earn credits to become Certified Pretrial Services Professional. I feel my attendance to this year’s conference will provide me with additional knowledge that I can apply to my position, and encourage my co-workers to do the best for our community. Thank you for your consideration.
California’s Victims’ Bill Of Rights Act Of 2008 (“Marsy’s Law”)
Submitted by Kristy McKenzie,Pretrial Director,
San Diego County, Calif.
Every state has a “Victims’ Bill of Rights” in its code of laws. In addition to these statutory rights, 32 states have adopted state victims’ rights constitutional amendments which ensure that (1) crime victims’ rights are protected in the same way that defendants’ rights are protected, (2) the rights become a permanent part of the criminal justice system and (3) the courts have a mechanism to enforce these rights if they are violated.
In November 2008, the voters of the State of California approved Proposition 9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, a measure to provide all victims in California with rights and due process. A complete list of these rights can be found at www.ag.ca.gov/victimservices/marsys_law.php. Specifically, the Marsy’s Law rights that involve pretrial release issues and could potentially have an impact on Pretrial Services agencies are (1) the right “to have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant”, and (2) the right “to be heard, upon request, at any proceeding, including any …post-arrest release decision…or any proceeding in which a right of the victim is at issue”.
Currently, the California Association of Pretrial Services (CAPS) Release Standards and Recommended Procedures include Standard 2.6, “Victim Input”. Although this standard deals with domestic violence cases, California agencies regularly include information in the investigative reports that are used by the courts in making bail and custody decisions as required by California Penal Code 1275 which states: “In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.” When available, information obtained from the victims is included in these reports.
Unfortunately, Proposition 9 failed to specify what agency or department is responsible for notifying a crime victim of the hearing dates. As a result, some California Pretrial agencies have been asked to assist the criminal justice system by being the victim contact. Although NAPSA Standards on Pretrial Release include Standard 1.8, “Notice to Victims”, the Judicial Council of California Administrative Office of the Courts’ January 20, 2009 Memorandum indicates that both the State’s Criminal law Advisory Committee and the California Attorney General’s Office have preliminarily concluded that it is the responsibility of the prosecutor’s office to enforce those provisions. CAPS will continue to monitor this proposition for any impact it may have on our operations.
2009 CAPS Conference – So. Lake Tahoe, CA
The California Association of Pretrial Services (CAPS) held its 23rd annual training conference on May 7th thru 9th in So. Lake Tahoe, California. The conference was held at the Embassy Suites Hotel in the state-line area of So. Lake Tahoe, California. The CAPS Board of Directors worked diligently on providing a stimulating and interesting workshop agenda for conference attendees. The theme of this year’s training conference was “Back to Basics: From Interviewing to Risk Assessment”.Judge Steven C. Bailey, Superior Court of California, County of El Dorado and Steve Cascioppo, Assistant Executive Officer for Superior Court of California, County Of San Diego opened the conference with keynote addresses on Thursday evening. The training sessions commenced on Friday throughout the day and continued until noon on Saturday. There were four training workshops presented over these two days.
Mychele Sims-Hernandez, Investigator for the Public Defender’s Office in Los Angeles County, presented the Friday morning workshop entitled “Introduction to Motivational Interviewing”. This workshop received excellent reviews and evaluations from the conference attendees.
Mariana Torres, Psychiatric Social Worker for Alameda County, presented the Friday morning workshop entitled “Mental Health Issues in the Courts: Assessment and Supervision”.
Timothy J. Murray, Executive Director for Pretrial Justice Institute (PJI), Washington, D.C., presented the Friday afternoon workshop was entitled “Risk Assessments for Pretrial Services”. Mr. Murray’s attendance was facilitated by financial assistance from NAPSA.
The Saturday morning workshop dealt with “Developing Interpersonal and Empowerment Skills for the Pretrial Professional”. Gary Mann, Consultant and Trainer for Pacific Institute, provided an extremely motivating session, which sent conference attendees home on a “high note”.
The conference was a huge success and provided the CAPS attendees with a stimulating and educational conference experience. The CAPS Board of Directors would like to thank all the attendees for their participation and support at the 2009 Annual Conference.