January 13, 2021

POPAI Board Meeting Minutes for 01/13/2021

Adam opened the meeting, conducted through zoom, at 10:34 am EST

Attending:

  • Adam McQueen, President
  • Troy Hatfield, Vice-President
  • C.J. Miller, Treasurer
  • Cherie Wood, Secretary
  • Robert Schuster, District 1 Rep
  • Heather Malone, District 2 Rep
  • Sarah Lochner, District 3 Rep
  • Melanie Pitstick, District 5 Rep
  • Lindsey Villalpando, District 6 Rep
  • Michael Coriell, District 7 Rep
  • Mignon Ware, District 8 Rep
  • Linda Brady, Past President
  • Esther Kaelin, JDAI Representative
  • Greg Werich, Chief Exec Committee
  • Anthony Williams, Training Coordinator
  • Karen Oeding, Membership Coordinator and Website Administrator

Also In Attendance:

Chris Biehn (POAB representative from IOCS) and Brian Riggs (Dialogue Shop)

Secretary's Report

Adam asked if everyone had an opportunity to review the December Secretary’s Report. CJ made a motion to accept. Sarah seconded. All were in favor. Motion carried.

Treasurer's Report

CJ provided the December Treasurer’s Report. As of December 31, 2020, the balance in savings was $17,080.58 and $65,386.10 in checking. Bob made a motion to accept and Cherie seconded. All were in favor. Motion carried.

CJ also provided the updated budget report.

Membership

January 7, 2020: 954 Total Current; 875 POs; 22 Corporate; 57 Other

Karen stated she continued entering membership data. She closed members who have not paid since 2017 and she will be following up on those members. She said membership is going great. The numbers are down, but she believes that is due to the housekeeping.

Education

2021 Virtual Management Institute & CPO Summit via Whova – CPO Orientation = March 17th – Management Institute = March 18th – CPO Summit = March 19th – 2021 POPAI Fall Conference, French Lick Resort = Sept 8-10

Anthony stated he has a list of potential presentations. His initial thought is to have the implicit biases training on the first day and continue from that for the 2nd day. Marital Arts for the Mind is another topic that he is researching. Samantha Smith has many topics of interest for presentations. Brian Rigg’s five domains of leadership is also a possibility.

CJ thanked Karen and Anthony for all the timeliness of submitting any information that he needs. Anthony has been checking the po box monthly.

 

Chief's Executive Committee

Greg said the plan is to meet in on January 29 in Peru.

Juvenile Delinquency Alternative Initiative (JDAI) Update

Esther provided the updates:

We have results from both surveys regarding Reinstatement of Jurisdiction and the Annual Results Report.  The State Data Workgroup will be taking on the re-design of the ARR and incorporating the feedback from the survey.  The Reinstatement of Jurisdiction survey revealed vastly different practices across the sites.  We plan to work with the Juvenile Justice and Cross System Youth Task Force  through the Re-Entry sub-committee to see if there are areas where we can support.

The JDAI State Team, the DOC Team and a Coordinator Team are working collaboratively to revise the JDAI/DOC Grant Performance Measures.

All six State Workgroups meet this week!

The Coordinators’ Conference will not be held during FY2021.  We hope to hold the Conference in September or October, depending of course on our ability to gather.

Probation Officer Advisory Board Update

POAB 1/12/2021

Chris Biehn of IOCS stated he will be prioritizing POAB, he is a past PO and he knows how important POAB is.

Sub-Committee Reports:

Education-April 28 and 29, 2021, Justice Services Conf. Save the date has been sent out.

IOCS will be offering 3-4 training webinars per month (links to register were sent out with the save the date email)

Email for continuing education credits for 2020 will hopefully be sent out next week.

Hot Topics-Revisions of Quarterly Stats manuals have been sent to IOCS for review. A new sub-group may be formed for this project of people who actually prepare the quarterly stats and are good with data.

Supervision-Still looking for a topic, possibly Covid and the new way to do business.

There is a discussion of condensing/consolidating Hot Topics and Supervision or doing away with these sub-committees, many people feel these are a waste of time and nothing really happens with what these committees do. Chris Biehn will put together an Ad-Hoc Committee to discuss the future. *the Education Committee will continue.

Nancy is preparing a JDAI report for Ester to present to POPAI

Children’s Commission:

New Appointments:

Juvenile Justice and Cross-System Youth: Co-Chair replacing Judge Pratt • Nancy Wever, State Director, Juvenile Detention Alternatives Initiative

Educational Outcomes Task Force: Co-Chair replacing Melaina Gant • Brianna Morse, Director of Youth Initiatives, Department of Workforce Development

Child Services Oversight Committee: Member from the House Democrat caucus replacing Rep. Wright • Rep. Carolyn Jackson, House District 1

DMHA presented on a new pilot program for mobile mental health units in rural communities.

DCS presented on curriculum and training resources for equity, inclusion and cultural competence, a new resource guide on curriculum and training was approved.

Next meeting is 2/17/2021.

JRAC:

Every meeting is now live streamed for anyone to watch. https://www.in.gov/justice/

IOCS:

March 3, 2021 9a-12p, Family First Preservation Services Act. Chris Biehn will send links out to CPO’s.

Changes to probation standards

Suspending provision (if approved on Friday) that a PO can fail the new PO exam indefinitely until they pass the exam.

They are still looking at the test and may add some additional questions to the test.

Interviewing for new positions which include Interstate Compact and a Deputy Director for Children and Families.

Augustus Award:

Will give out 2021 and 2020 Augustus Award at the April Justice Services Conference along with 25 year awards for 2021 and 2020.

District Elections:

6 people with their 2nd term up this year.

Other business:

There has been no discussion on PO’s being a group to get the Covid vaccine, they will let us know if they hear anything.

Next Meeting 4/13/2021

Troy said Greg previously provided a history of POAB so he may be able to assist with this project. Greg will review his information.

Chris stated they are in the process of hiring another program coordinator. Chris said he wants to prioritize POAB.

It was asked about the status of CSAMS certification and Chris will look into this. Chris stated the exam is still scheduled for next Wed, but it could be cancelled due to potential riots, etc. After 1/20, the next option is on 2/4.

Election

No update

Awards and Recognition

Bob and Karen have communicated and Knepple Scholarship announcements are scheduled accordingly.

Justice Reinvestment Advisory Council (JRAC)

Pretrial Legislation and JRAC Local Organizations were discussed.

We have not seen a budget bill filed yet. The next meeting in Jan 29.

Legislation

Many were filed. Adam forwarded the current list of fillings and ones that POPAI is currently watching. Troy discussed those of interest. He stated the lobbyist plans to request to add the language of probation officers be added to the exclusion of the GIS public information. The hope is that it will be added to a Bill that appears to be moving forward.

 

  • SB 14: Criminal court magistrate for Lake County. – Criminal court magistrate for Lake County. Provides that a magistrate may be appointed for Lake County criminal court division No. 4.
  • SB 21: Sheriff reimbursement rate. – Sheriff reimbursement rate. Provides that the per diem rate paid from the county jail maintenance contingency fund or any other fund after June 30, 2021, and before July 1, 2023, may not be less than $55 per day for persons convicted of felonies, including: (1) persons convicted of a Level 6 felony; and (2) convicted felons who are incarcerated for more than five days after the day of sentencing or the date upon which the department of correction receives the abstract of judgment and sentencing order, whichever occurs later.
  • SB 31: Election of Lake County superior court judges. – Election of Lake County superior court judges. Provides that the superior court judges of Lake County are elected as are other superior court judges. Provides that the change to the election of a judge does not occur until the general election that occurs immediately before the expiration of the term of a judge sitting on the court under current law. Repeals superseded provisions.
  • SB 34: Unlawful assembly. – Unlawful assembly. Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines “defunding law enforcement” and allows a person to bring an action to enjoin a local unit from defunding law enforcement.
  • SB 37: Misdemeanor reimbursement. – Misdemeanor reimbursement. Provides that a county may be reimbursed for indigent services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanor cases from reimbursement.)
  • SB 42: Local government budgets. – Local government budgets. Provides that a local government unit may not reduce its annual budget for public safety, police, or fire services for a fiscal year by an amount in excess of the levy reduction by the unit for the fiscal year unless the unit is subject to a revenue shortfall for the fiscal year.
  • SB 63: Mental health treatment for inmates. – Mental health treatment for inmates. Provides that committed offenders with serious physical or mental disorders may remain in treatment facilities operated by the department of correction until release to a similar treatment facility can be accomplished.
  • SB 75: Separation of powers. – Provides that any order, rule, or edict of any kind from the executive branch or the judicial branch that invades the constitutional or lawful authority of the legislative branch is null and void until approved by the general assembly. 
  • SB 94: Pension matters. – Pension matters. Provides that the Indiana public retirement system (INPRS) shall pay the governors’ retirement and surviving spouse pensions from the public employees’ retirement fund (PERF). (Current law makes the auditor of state responsible for the payments.) Changes the definition of “retired participant” in the retirement medical benefits account statute to require only that the participant be eligible to receive a normal, unreduced retirement or disability benefit. Eliminates the requirement that INPRS shall make an actuarial valuation of the assets and liabilities of the retiree health benefit trust fund at least every two years and instead requires INPRS each year to report the assets and liabilities of the retiree health benefit trust fund and make recommendations for employer contribution amounts. Provides that if an individual becomes a participant in the public employees’ defined contribution plan with respect to the individual’s service as a volunteer firefighter, the individual’s service as a volunteer firefighter is disregarded in determining the individual’s “years of participation” in the plan for other covered employment. Provides that interest shall be credited to the account of each participant in the prosecuting attorneys’ retirement fund at least annually. Specifies the repayment conditions that apply if a participant of the judges’ retirement system or a fund member of the 1977 police officers’ and firefighters’ pension and disability fund withdraws from the respective fund and again becomes a participant or member of the respective fund at a later date. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
  • SB 98: Interstate compact transportation fund. – Interstate compact transportation fund. Allows a community corrections agency to access funds from the county offender transportation fund to defray the cost of transporting offenders and delinquent children as requested by a court, a probation department, a community corrections agency, or a county sheriff.
  • SB 132: Juveniles and firearms. – Juveniles and firearms. Provides that a child who commits dangerous possession of a firearm or provides a firearm to another child in certain circumstances has committed a delinquent act subject to the jurisdiction of a juvenile court.
  • SB 174: Lake and St. Joseph county magistrates. – Lake and St. Joseph county magistrates. Provides that in appointing magistrates, the judge of the St. Joseph County probate court and the judge of the juvenile division of the Lake County superior court shall strive to reflect the ethnic and racial demographics of their respective counties.
  • SB 191: Juvenile delinquency matters. – Provides that the juvenile court may exercise jurisdiction over a child who: (1) is at least 16 years of age and is charged with certain more serious offenses; or (2) has a previous adult conviction and is alleged to have committed an offense that would be a felony if committed by an adult. Provides for automatic expungement of a delinquency adjudication if the delinquent act: (1) did not result in bodily injury to another person; and (2) is not a sex offense.
  • SB 193: Credit time. – Provides that a person assigned to credit class P earns one day of good time credit for each day served. 
  • SB 198: Rioting. – Grants the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Permits the chief executive officer of a political subdivision to establish a curfew under certain circumstances. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; and (2) obstruction of traffic. Makes felony rioting a predicate offense for purposes of the felony murder statute. Establishes the crime of enabling rioting, a Class B misdemeanor, if a person: (1) is present during the commission of a felony by a member of an unlawful assembly; (2) knows that the member is committing a criminal offense; and (3) fails to immediately leave or report the offense to law enforcement. Makes providing funding to a person to commit a criminal offense while a member of an unlawful assembly a Class A misdemeanor, and increases the penalty to a Level 6 felony if the person provides funding for five or more people, and a Level 5 felony if the person provides funding for 10 or more people.
  • SB 221: Credit time classes. – Changes credit Class A to include any noncredit restricted felon who is charged with a crime. Changes credit Class B to permit a credit restricted felon imprisoned for a crime, or imprisoned and awaiting trial or sentencing for a crime, to earn one day of good time credit for every three days of confinement.
  • SB 222: Money bail. – Provides that if: (1) the most serious crime with which an arrestee is charged is a misdemeanor which did not result in bodily injury to another person and which is not operating while intoxicated; (2) the arrestee does not have a felony conviction; and (3) certain other conditions apply; the court shall release the arrestee without money bail unless the court finds by a preponderance of the evidence that requiring money bail is reasonably necessary.
  • SB 232: Exposure risk diseases. – Adds any variant of severe acute respiratory syndrome (SARS), including coronavirus disease (COVID-19), to the list of diseases considered an exposure risk disease for purposes of emergency and public safety employee death and disability presumed in the line of duty.
  • SB 255: Expungement. – Permits expungement of expungeable felony convictions if the convicted person meets certain requirements and has not been convicted of another felony (under current law, “another crime”) within a specified time period. 
  • SB 290: Detention of juvenile arrestees. – Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial except when it would be in the best interests of justice to house the arrestee with adults. Requires the court to consider: (1) the age of the juvenile arrestee; (2) the physical and mental maturity of the juvenile arrestee; (3) the present mental state of the juvenile arrestee, including whether the juvenile arrestee presents an imminent risk of harm to himself or herself or others; (4) the nature and circumstances of the alleged offense; (5) any prior history of delinquent or criminal acts of the juvenile arrestee; and (6) the ability of the adult facility to meet the specific needs of the juvenile arrestee; in determining whether the best interests of justice require that the juvenile arrestee be housed with adults. Provides that a juvenile arrestee may not be held in an adult facility for more than 180 days unless good cause is shown. Requires the court to review its determination of placement every 30 days. Requires the county sheriff to refer to persons under 18 years of age by only their initials. Mandates that the county sheriff’s weekly report of inmates in the county jail must be delivered to the Indiana criminal justice institute. Requires the Indiana criminal justice institute to make the report available to the public.
  • SB 327: Decatur County magistrate. – Allows the judge of the Decatur County: (1) superior; or (2) circuit; court to appoint one full-time magistrate. Allows the magistrate to serve the Decatur County superior court and the Decatur County circuit court. Provides that the magistrate may be removed from office by the judge of the Decatur County superior court or the judge of the Decatur County circuit court. 
  • SB 350: Small claims appointed counsel. – Establishes the Marion County small claims appointed counsel pilot program (program). Provides legal counsel to indigent tenants during possessory actions in Marion County small claims courts. Provides that Marion County small claims courts shall contract with attorneys and legal aid services to accommodate indigency based requests for legal representation. Requires the justice reinvestment advisory council to submit an annual report concerning the program to the general assembly. 
  • SB 359: Confirmation of judicial appointments. – Renames the judicial nominating commission as the commission on judicial nominations and qualifications. Provides that one commission member is selected by attorneys licensed in Indiana, one commission member is appointed by the speaker of the house of representatives, and one commission member is appointed by the president pro tempore of the senate. Requires that, of the three members appointed by the governor, at least one commission member must be an attorney. Prohibits a person who is a lobbyist from serving on the commission. Provides for the governor to fill a vacancy on the supreme court or the court of appeals from nominees recommended by the commission, subject to confirmation by the senate. Provides that a justice of the supreme court or a judge of the court of appeals serves until July 1 of the tenth year after the justice’s or judge’s appointment is confirmed by the senate or the justice’s or judge’s retention in office is confirmed by the house of representatives. Provides that if a justice or judge wants to serve a new term, the justice or judge must apply to the house of representatives for retention. Specifies that a judge or justice will be retained, unless: (1) the judge or justice does not apply to the house of representatives for retention; or (2) at least 60% of the members of the house of representatives vote against retention. Amends the provisions concerning impeachment proceedings for a justice or judge. Provides a transition for justices and judges serving at the time of the adoption of these amendments to the constitution. This proposed amendment has not been previously agreed to by a general assembly. 
  • SB 368: Juvenile justice. – Requires the Indiana criminal justice institute to track the number of children committed to jail. Repeals the juvenile direct file statute, increases the age at which a court may waive juveniles in certain circumstances, and makes certain firearm offenses waivable. Provides for the automatic expungement of certain juvenile offenses. Removes the penalty of life without parole for persons who commit murder while less than 18 years of age. Makes it a mitigating factor for imposition of the death penalty that the defendant was less than 25 years of age. (Under current law, the mitigator applies if the defendant was less than 18.) Makes possession by a minor of marijuana and paraphernalia used with marijuana a juvenile status offense. Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial, with certain exceptions. Increases the availability of sentence modification for crimes committed by persons less than 18 years of age. Establishes a procedure for determining juvenile competency. Makes other changes and conforming amendments.

Technology

Karen has continued to work on the data base and trying to make the data base more user friendly. She will add our the IOCS and Management Institute dates to the calendar and send a save the date.
Karen explained it is easy for her to close/open the status of a member.

Race & Gender Fairness Commission

From Lakisha:

On December 11th, I attended my first meeting as a member of the commission. It was mostly introductions and each subcommittee chair provided a review of commitments to continuing upholding CRGF mission. Our next meeting is in February where the committee will begin the efforts of developing a “Call to Action” plan for eliminating barriers to equal justice. I will keep POPAI informed of our progress towards the call of action plan.
 

Old Business

APPA Virtual Conference in February – We have 49 entered so far (including three Board members)

A discussion followed regarding offering 25 or 65 members to attend the APPA Conference. We have 9 days remaining for the deadline for an interest in attending. Karen will send another email to the members as a reminder of the deadline. Once the deadline date closes, Troy will send the board the number who state they want to attend. If the interested number is between the 2 options, Troy will contact APPA about other options before sending to the board.

New Business

Lindsey asked about the number of individuals who have expressed an interest in the mentor/mentee program. Sarah said we do have more than 7 pairs, which is minimum ideal number Brian suggested. Sarah suggested the program start/stop at the annual fall conference. A discussion followed.

Sarah motioned that POPAI move forward with the mentor program, that Brian prepare an advertisement segment for the Management Institute and that we target the start date for the annual fall conference. Bob seconded. A discussion followed. CJ suggested we also review options for sponsorship to assist with the expense. Troy asked Chris if this training IOCS might be willing to review and assist with the expense. Chris will discuss with the decision makers and let us know. The motion is contingent upon Brian providing the two-hour segment at the Management Institute. All were in favor. Motion carried.

Adam has communicated with IOCS regarding the New CPO Training. The HR presenter has offered to provide a prerecorded presentation in case she is unable to do so by live webinar. We agreed this would be a good idea and Adam will discuss with her.

Adam was involved in a conference call yesterday and the Chief Justice was on the call. Our group (probation, public defenders, clerk’s office, etc) is currently not considered part of the critical infrastructure who are eligible for the vaccine. Across the State, our group has approximately 12,000 employees. The hope is for that to be changed.

 

Sarah has purchased the gift for Susan and will pick it up as soon as she is able to do so.

Brian Riggs was attendance. He has a firm in New Jersey and has been working with APPA focusing on leadership/mentorship programs. They use tools such a personality assessment, etc to assist in matching mentors. He submitted a proposal to develop the leadership program within POPAI.

There is not a minimum number for the program. Brian communicates with the mentors and mentees on a regular basis.

Adam asked how Brian would envision the program for our organization. Brian stated everyone would complete the personality assessment prior to the full day, kick off session. They walk through best practices of a mentor and mentee on the first day. He said it would be designed to the best needs for POPAI.

Troy asked about the basic program over a year. At a minimum, mentors/mentees will meet monthly. The interaction with Brian is normally by email, but 2 hours per quarter will be by phone. Once every 6 months, there will be another group meeting. A minimum of 7 pairs is the ideal number.

Brian currently works with the Construction Financial Manager’s Association (8000 members) and Women in Aviation International.

Next Meeting

Executive Board Meeting – Wednesday, February 10, 2021 at 10:30 a.m.