May 13, 2020

POPAI Board Meeting Minutes for 05/13/2020

Adam opened the meeting at 9:33 am. The meeting was conducted through Zoom.


  • 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
  • Lakisha Fisher, District 4 Rep
  • Melanie Pitstick, District 5 Rep
  • Andria Geigle, District 6 Rep
  • Michael Coriell, District 7 Rep
  • Mignon Ware, District 8 Rep
  • Susan Rice, Training Coordinator
  • Kory George, JDAI Representative
  • Linda Brady, Past President

Secretary's Report Adam asked if everyone had an opportunity to review the April Secretary’s Report. Heather made a motion to accept. Melanie seconded. All were in favor. Motion carried.

Treasurer's Report CJ provided the April Treasurer’s Report. As of April 30, 2020 the balance in savings was $17,0076.14 and $69,333.68 in checking. Cherie made a motion to accept and Bob seconded. All were in favor. Motion carried. CJ provided the updated budget report.

Membership As of May 6, 2020: 1,005 Total Current; 930 POs; 21 Corporate; 54 Other She has been receiving payments and no other report.  

Education 2020 POPAI Fall Conference – September 9-11, 2020 (French Lick). Susan contacted French Lick and there will not be a penalty for cancelling. Susan will ask if there is a deadline date to cancel. A CPO/Member Survey discussed for attending the fall conference. We discussed which questions we should ask and the explanation for such. A discussion followed about offering webinars for fall training and the cost for such. Troy stated we will need to conduct an annual business meeting and election. We could possibly do so over zoom, need to continue to discuss. It was discussed about having a legislative update webinar. Kory discussed the possibility of JDAI being involved. Once we have additional information from the survey, we can make a decision on the fall conference. The fall APPA Conference will be virtual. If anyone has suggestions, please let Susan know.

Chief's Executive Committee No report

Juvenile Delinquency Alternative Initiative (JDAI) Update Kory discussed the email from Nancy: We continue to be amazed by the creativity of Probation Officers who are finding new and innovative ways of supervising youth while being required to work from home and use technology in ways not previously considered. Many departments are adjusting practices to focus on support for families which ultimately impacts the nature of and need for supervision. There are many counties that have convened their JDAI workgroups to assist with and address the issues that have arisen due to COVID-19. This has lessened the burden on the "system folks" and allowed challenges to be met in collaboration and not in siloes. Kudos to the youth justice systems that have built these collaborative relationships and continued operating with the "we're all in this together" mindset! The JDAI State Steering Committee Meeting will be held virtually this Friday. We will be releasing the 2019 data (comparison of 2019 Annual Results Report data to baseline year) to continue to assess impact and momentum. Also, representatives of each of the state partner agencies will be present to provide updates regarding responses to COVID-19 and answer questions from members. At this time, we are still planning to host the Inter-Site Conference in October at French Lick, but are considering back-up plans for a virtual event.

Probation Officer Advisory Board Update Last meeting on April 14, 2020 Heather provided the update: Education Committee: Court Communications Training is currently completed at New Probation Officer Academy and IOCS is looking into making this training an online training module for the New PO Academy. IOCS would like Education Subcommittee to look at the PowerPoint and make suggestions on changes, additions, or subtractions to assist w/ making the training informative for the online module. Michelle noted that this training can be applied to everyone even though it’s just completed at the New PO Academy at this time. The 2020 Justice Services Agenda was sent out to Education Subcommittee to review in order to make suggestions on sessions that can be added to the 2021 conference since the 2020 Justice Services Conference was cancelled. The goal is to keep some of the sessions and plenary speakers for 2021 if possible. NADCP will be offering some webinar trainings for the sessions that were previously offered for the 2020 conference. Chad mentioned that future sessions could also include lessons learned from the pandemic experience and possibly have a few counties discuss how they handled the pandemic and work experience. Discussed how some of the different counties within the subcommittee have handled working from home, minimal work in the office, etc. 2021 Justice Services Conference will be in Mid-May. Official dates will come in the future as the Convention Center will not sign a contract until one year prior to the date. New probation officer academy. Working on logistics for this as it was cancelled. There were 60-70 registered and as soon as IOCS knows something, information will be sent out. The deadline may be extended to the next orientation. The goal is to have it in the fall. IOCS looking at putting something in writing for documentation. No one will be penalized because of the cancellation. IOCS training committee is learning about the Webinar system and they are hoping to get webinars in the future out for everyone. Training opportunities can be found at websites which are located in the attached document. Hot Topics The committee is working on looking at updating/amending the quarterly statistics and how they are collected. They have made a list of what they would like to add and why. One key thing was the ability to do the training for chiefs via webinar for training on icore and how to enter information. This is a huge project and will take some time to do. Three categories which are being looked at are; what do we want to add, what do we want to take away and what needs to be clarified. Supervision Shannon Smalz and Ashley Stevens were added to this committee. There were a lot of technical issues for this meeting this time. A new project is needed for the Supervision committee. They were looking at comparison on salaries in other counties and comparing what probation officers start out at and other county positions. In some counties administrative assistants start out higher than a first year probation officer. Any ideas for this committee can be submitted to them. They may start to look at how to supervise in a pandemic or emergency situation. POPAI POPAI has met three times since the last POAB meeting. There are two new tabs on the website. One is for legislation; Troy Hatfield has been tracking bills that affect probation officers. There are three currently right now affecting Probation Officers. SEA 10: Pension Matters: Effective on January 1, 2021, this change allows a PERF member (nearly all probation officers) who has reached normal retirement age and has attained vested status to withdraw all of part of the amount in the member’s account without separating from a covered position.  Previously a member had to separate from a covered position for at least 30 days before one could withdraw money from their account.  IC 5-10.3-12 provides definitions and background on what this means. HEA 1063: Public Safety Officer Death Benefits: Increases, from $150,000 to $225,000, the special death benefit for certain public safety officers (including probation officers and community corrections officers) who die in the line of duty after June 30, 2020. POPAI testified in support of this bill and it becomes effective July 1, 2020. SEA 216: Disclosure of personal information to offender: POPAI advocated for the some of the new language in this law that amends the access to public records regarding personal information (address, phone, etc.) of a correctional officer, probation officer, community corrections officer, law enforcement officer, judge, crime victim, or their family members.  This information may be withheld from disclosure when requested by a person confined in a prison, county jail, detention facility, or in a community corrections program as a result of the person’s arrest or conviction for a crime, or that person’s agent or relative.  This becomes effective on July 1, 2020. The second tab is a COVID tab This has webinars, resources and links. 2020 management institute. There will be a mentor program for new chief probation officers to place them with a seasoned chief and this is put on hold currently because of the pandemic. Soliciting chiefs, assistant chiefs and supervisors to become mentors. Chiefs will be receiving an email in regards to this. Intent to run for POPAI forms will be available Mid May, President, Secretary, Districts 2, 4, 6, and 8. Surveys were sent out to Chief PO’s with the practices and had 40% of chief’s respond. The results are on the website. French Lick is still scheduled for September 9 – 11, playing it by ear currently due to the COVID-19 situation. Chief PO’s are not receiving their Wednesday updates from IOCS. Angie Hensley has contacted their departments on this. If you are not receiving it, get with your judge until it is resolved. JDAI We are adding sites. Six sites are starting. Introductory JDAI group. Quite a few sites are interested but not quite committed yet. Justice David asked this be created and be in the space for up to three years and learn about the initiatives and figure out if they want to be a site. Pushing out information through JDAI connect. DOC Grants will be effective July 1. Re-assignments for JDAI coordinators as of tomorrow, April 15th. State steering committee will be in May, will not be in normal format but 2019 numbers are being released. Children’s Commission Commission created a new juvenile justice task force. Adopted a set of definition to common terms. Discussed the importance of the census of 2020. Next meeting April 22, 2020 (Virtual Meeting) JRAC/Legislative Legislative updates are on the web. It is now final. You can sign up to get them sent to you via email as well. For a list of the 2020 session bills you can go to the website and those in blue are active and gray are inactive. Did not have a JRAC meeting and then COVID-19 happened. Bills of importance: HB1346 - Jail Overcrowding: Jail overcrowding. Repeals all provisions concerning the county jail overcrowding task force. Adds additional members to the justice reinvestment advisory council ("advisory council"), including members of the Indiana evidence based decision making initiative (which is a partnership between state and local criminal justice stakeholders). Specifies the purpose and certain duties of the advisory council, including: (1) to conduct a state level review and evaluation of jail overcrowding to identify a range of possible solutions; and (2) to develop incarceration alternatives and recidivism reduction programs at the county and community level by promoting the development of the incorporation of evidence based decision making into decisions concerning jail overcrowding. Provides that the advisory council may make a recommendation to the county sheriffs concerning strategies to address jail overcrowding and implementing evidence based practices for reducing recidivism for individuals in county jails. Requires the criminal justice institute to coordinate with state and local criminal justice agencies for the collection and transfer of data from sheriffs concerning jail: (1) populations; and (2) statistics; for the purpose of providing jail data to the management performance hub. HB1047 JRAC advisory bill – trying to merge the focus of EBDM to JRAC framework, expanded the membership to other stakeholders. Not sure what this will look like but may be like the children’s commission set up. This new law adds eight new members to the Justice Reinvestment Advisory Council (JRAC).  It clarifies and adds new duties to JRAC, including reviewing and evaluating jail overcrowding and coordination and recommendations for funding.  It also clarifies the purpose of JRAC.  POPAI supported this bill and it goes into effect immediately. SB47 – Expungement Issues: This law clarifies that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. This part is effective immediately.  It also states that records from a probation transfer case must be expunged along with the records from the county of conviction.  In other words, the records from the MC cause numbers from our “transfer in” cases must be expunged if the original case was expunged in the sending county.  Finally, POPAI worked with the Judges Association to include language that allows probation departments and community corrections agencies to consider expunged or sealed cases when making hiring decisions.  Expunging transfers and the hiring language is effective July 1, 2020. SB 273 - Indiana Behavioral Health Commission: Indiana behavioral health commission. Establishes the Indiana behavioral health commission (commission). Specifies the membership of the commission. Requires the commission to prepare: (1) an interim report not later than October 1, 2020; and (2) a final report not later than October 1, 2022. Specifies the issues and topics to be discussed in the commission reports. Requires commission reports to be issued to the following parties: (1) The governor. (2) The legislative council. (3) Any other party specified by the commission chairperson. Requires commission reports to be issued in an electronic format. Abolishes the commission on December 31, 2022. Defines certain terms. Makes conforming amendments. HB1094 - Substance Use Prevention and Recovery: This law amends how local drug free community funds are spent and specifies that local coordinating councils responsible for the combating of drug and substance use are: (1) collaborative; and (2) open to the public. It permits county drug free community funds to supplement local government spending on: (1) drug use recovery programs; (2) drug use intervention programs; and (3) drug use prevention programs. It becomes effective on July 1, 2020. HB1120 - Community Correction and Credit Time: The amends the law concerning violations of a community corrections placement as allow the prosecutor to file violations with the court rather than only allowing the community corrections director.  It also creates a new way of earning credit time for those in prison by completing an individualized case management plan, which may include treatment, education, and other activities to reduce the risk of recidivism.  It requires the department of correction to report on the use of the individualized case management plans by May 2023.  This bill also includes the same language about pretrial home detention credit that is included in SEA 335.  This becomes effective July 1, 2020. HB1132 – Criminal and Juvenile Law Matters: Criminal and juvenile law matters. Provides that the alteration or obliteration of certain markings on a firearm is a Level 5 felony. Provides that the possession of a firearm with altered or obliterated markings is a Level 5 felony. Requires a defendant to serve the sum of all executed time imposed under consecutive sentences before serving any suspended part imposed under consecutive sentences. Prohibits a person who has, after June 30, 2020, been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider the certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning January 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Makes a technical correction and conforming amendments. IOCS Because the risk assessment scheduled in May participants have received a letter cancelling May. They will either get a new date with another scheduled class. This will either be adding to another class already scheduled or IOCS may look at adding an additional class at the end of the year. IOCS is still working on doing recertification online and getting ready to pilot the new platform and then COVID-19 started and the shift went to emergency operations and this has caused distance learning for staff to be re-directed as well. This will continue to be in the works. There may be adjustments to the June 30th extension for re-certification or certification. NADCP conference is now a virtual conference. If you received grants/funds for this conference you can submit a request to transfer to another conference, to the virtual conference or it could be held for next year possibly. IOCS grants have been extended a bit due to COVID-19 and some counties not getting the opportunity to get theirs submitted. This will be coming to a close soon. Certification reviews. IOCS is continuing to do this when possible. Hoping to resume this soon so this can be completed. Jenny Bauer has been coordinating the incentives and sanctions roll out. However this has been difficult since currently there are not a lot of face to face, if any, supervision going on. IOCS has started interviews for the staff associate position. District Elections The election votes are still being calculated. Everyone will be notified by the end of the month and a roster will be sent out to all members. At Large Members Welcome! Ashly Stevens – Rush County Shannon Schmaltz – Ripley County Augustus Award Two people have not voted. It is being suggested and investigated whether or not to give the award at the POPAI conference and either have Chief Rush or do a live stream with Chief Rush. We would look at announcing this also at the 2021 conference. The same situation may occur with the 25 year recipients with a live stream of their names and then they will be recognized as well at the 2021 conference. Other Business The MC numbers for transfers are because you are supervising it and you are doing the work. This is so no extra fees are accrued and double counting does not happen. This came up a lot with problem solving courts. There will be a memo coming out on this. Next Meeting: July 14, 2020 Sarah discussed the hot topics information and goals.

Election Intent to Run forms are available. The current positions are up for election: President, Secretary, District 2, 4, 6, and 8. Michael stated he has not received any at this time. Discussion followed about how to conduct the election if we do not have a conference.

Awards and Recognition Bob stated the Awards the Rec Committee selected an applicant for the Charlie Knepple Award and the recipient has been advised.

Indiana Evidence Based Decision Making (EBDM) Initiative Linda stated no update.

Justice Reinvestment Advisory Council (JRAC) June 19 is the next meeting scheduled and it will be by zoom. Adam received the following letter from Christopher Goff, who has been appointed as the Chair of JRAC: (Summary portion of letter) During the 2020 session, legislators passed and the Governor signed House Enrolled Act 1047 which expands the vision and membership of JRAC. Under this Act, the council’s current and expanded duties include the following: (1) reviewing and evaluating state and local criminal justice systems and corrections programs, including pretrial services, behavioral health treatment and recovery services, community corrections, county jails, parole, and probation services; (2) reviewing the processes used by the department of correction and the division of mental health and addiction in awarding grants; (3) reviewing and evaluating jail overcrowding to identify a range of possible solutions; (4) coordinating with other criminal justice funding sources; (5) establishing committees to inform the work of the advisory council; and (6) performing other relevant duties as determined by the advisory council. To support the duties assigned to JRAC, the council’s membership has expanded by an additional eight members, including: • Mr. David Bottorff, Executive Director, Association of Indiana Counties • Mr. Douglas Huntsinger, Executive Director for Commission Drug Prevention, Treatment and Enforcement • Representative Wendy McNamara, Chair, House Courts and Criminal Code Committee • Representative Ragen Hatcher, House Courts and Criminal Code Committee • Senator Michael Young, Chair, Senate Corrections and Criminal Law Committee • Senator Karen Tallian, Senate Corrections and Criminal Law Committee • Mr. Mark Rutherford, Chair, Indiana Public Defender Commission • Judge Mark Spitzer, Grant Circuit Court, Indiana Judges Association

Legislation Troy has updated the information on the website.

Technology Karen sent everyone the report prior to the meeting. We now have a new page providing COVID-19 resources. Sarah did a story about the mentoring program and it is on the website.

Old Business PPM and BY LAWS: Troy sent everyone the suggestions for the bylaws changes and discussed w/ the Board. Discussion followed. Cherie made a motion that we adopt the amendments as discussed by Troy. Heather seconded. All were in favor. Motion carried. Workload/caseload is on the backburner right now. Commission for Race and Fairness: Lakisha stated no updates. Zoom meetings that have occurred with DOC and IOCS. There is another meeting w/ IOCS tomorrow. Sarah has a developed a plan to reopen and will share with the board. She said they have a small office space so her plan is based on such.

New Business We discussed if we should sign on to EXiT as an Association:  Troy made a motion to join EXiT as a POPAI Association. Discussion followed. Sarah seconded. All were in favor. Motion carried. Troy will do so. Melanie said they are limiting in person contact for the conference room. The max number is 10 who will be allowed in the conference room. A discussion followed regarding options for future meetings. Until otherwise determined, the future meetings will be by zoom. The next meeting will be June 10 by zoom.