|
Volume 33, No. 1 February 2010 |
|
![]()
i Everyone, It is a privilege for me to serve as your President for the year 2010! I am looking forward to the challenge and I hope to do as well as the President’s have before me. As we turn the page from another year to the next, I would like us to move forward with a renewed focus on what benefits the Minnesota Corrections Association (MCA) brings to each of us both personally and professionally. Over the years, MCA has grown into one of the most recognized professional organizations in our field. The trainings that we sponsor regionally throughout the year and during our Annual Fall Training Institute have drawn rave reviews from presenters and participants alike from across the country. As this year’s Fall Institute returns to the shores of Lake Superior, we are reminded that like the ships that sail through Duluth on their way to their destination, MCA continues to move forward to meet the goals and challenges of our profession, despite the constant winds of change and significant fiscal challenges. As is the case with any organization, MCA’s success is driven by its members. We are fortunate that we are comprised of a very diverse cross section of members in the corrections field. From the field agents in the most remote corners of our state, to corrections officers and case managers in our prisons, to high ranking officials at the local, state, and federal levels, along with a growing number of retired corrections professionals, MCA encompasses the mass embodiment of Minnesota Corrections. Members of our organization are exposed to vast networks of resources available at the touch of a phone, or an e-mail, or via the web to facilitate information exchange, experiences, and viable solutions brought about through cooperation and collaboration. The Fall Training Institute is a prime example of an event that coordinates not just exceptional training opportunities, but also offers members to meet with people that they know, but oddly enough have never met. How many times have there been occasions when a particular person’s name is familiar, because we’ve had some sort of professional contact with them, but we would have no idea how to pick them out of a line-up? Our organization serves its members in ways that make it easy to utilize all the expertise that exists in the years of experience reflected in our membership. As a professional organization in a public safety, people-oriented business, we are often confronted with dilemmas that will require collaboration through many levels of government, all under the watchful eyes of the people that we serve. Being charged with such responsibility can often be challenging, however, members of our organization can be assured that with the support that a MCA membership offers, these challenges can be made more manageable. We are all in this together. Let’s continue to grow together to take on whatever challenges come our way. As our membership grows, so does our power to succeed. I would like to see 2010 be a year to increase our membership numbers that mirror the numbers we had in the early 1990’s. Please join me in getting the word out to non-members to join our Association again, or for the very first time, so that our network continues to expand as will the resources we are able to offer. Thank you! Respectfully, Mary Jo Caldwell,
![]()
irst of all, I would like to say thank you to all those who supported me in voting me in as your President-Elect for 2011. 2010 will be a learning year for me, as I try to learn as much about my role within MCA & its’ committees, but to also support our President, Mary Jo Caldwell, in her efforts this year. I am excited, as I know she has some great ideas for collaboration with multiple organizations, as well as having a true vision for strategic planning within MCA. Her efforts will undoubtedly lay the groundwork for me, so next year I can work to fulfill the tenants of my campaign pledge of looking at cross-system collaboration for bettering our services in Corrections with our mental health population, as well as continuing the efforts for increasing our safety efforts for Correctional staff, and by continuing to educate Legislators about the hazards of our profession. I look forward to working with the membership of MCA and am available to talk to anyone, and to bring forward any ideas or concerns that anyone may have going forward. Terry A. Fawcett
![]()
s the Minnesota Legislature prepares to open their 2010 Session next Thursday, February 4th, in St. Paul, many Committee chairs have been very busy for the past several weeks holdings hearings to accept expert testimony on various issues and presenting many new bill proposals, in an effort to get a jump on an anticipated very busy Session. Obviously, the priority is going to be addressing the budget issues which we have clearly defined in recent reports to our membership. The $ 1.2 billion deficit is the tip of the iceberg as legislative leaders await the Supreme Court hearing on March 15th on the Governor's unallotment authority, the result of which could have an enormous impact on increasing the budget problems. Almost every legislator you talk to these days agree that resolving the budget problems is the highest priority. There at times appears to be a sense of cooperation among party leaders to resolve the budget problem, but the bottom line is that philosophical differences are going to make collaboration very difficult. This is the "bonding year" of the biennium and everyone including the Governor talk about the need for job development, but their bonding priorities are quite different. The Governor looks for a bonding bill around $ 625 million, while DFL leaders are talking something in the range of $ 1 billion. and as in the past, the Governor is threatening to veto the entire bonding package if it far exceeds his spending/borrowing limits. So watch the action in the first few weeks of the Session as all parties are still saying they'd like to complete the bonding issues early in the Session before moving on to other things - easier said than done! In regard to bonding, all of the major committees have been conducting hearings over the past few weeks listening to requests for bonding money, and there have been plenty of them. No action has been taken in the Committee hearings although all Committee members will now prioritize their bonding requests and then all will be forwarded to the finance divisions for a final proposal before the debate begins in earnest. The DOC bonding requests seeks about $ 80 million in funding, while the Governor's recommendation is $ 25.4 million, of which $ 8 million is for asset preservation. Also, the Department of Human Services has made a $ 89 million capital investment request to support the expansion of 400 new beds for the Moose Lake Sex Offender Program. Several legislators have questioned whether it's time to re-evaluate the state's sex offender sentencing guidelines feeling we just can't keep up this population increase year after year. So I'd expect there will be some interesting discussions on this in coming weeks. Today, January 28th, Senator Mee Moua is holding a hearing in the Senate Judiciary Committee on Juvenile Detention Alternatives which has been a hot topic since last Fall. We can expect to see several bill introductions on these and other juvenile issues this Session. I am in the process of reviewing all the new bill introductions for possible inclusion in our 2010 legislative tracking system, which we have throughout the Session starting around Feb 11th and then with an updated version about every two weeks. MCA members are encouraged to contact me if you have bills of interest that you would like us to track. Finally, let's complete this report to remind everyone of the "Capitol Day for Corrections" , an event sponsored by MACPO and MCA, which will be held on Thursday, February 18th at the Kelly Inn in St. Paul beginning at 9:00 AM We will be there to review our legislative agendas and to provide you with an update on legislative activities. Look for detailed information on the MCA webpage. This is a great opportunity to meet with your local legislator and find out what's happening in St. Paul. See you there! Cal Saari
re you talking to me?” “Well, yes I am.” “Will you kindly come over here for a moment and explain to me just what it is that you are doing; why you are doing it that way; and where you learned that particular technique that you are administering to that client? Um hmm, I see. Did you know that the way we think, feel and behave is perpetually influenced by a multitude of factors — some of which we are aware of and, some of which we are not? What I want you to do here is just take some time to contemplate what the driving power or forces are that are influencing you.” The centerpiece of the professional helping relationship is, and has to be: the client-practitioner relationship. This relationship is the most important ingredient which influences change. Without this relationship, we can all pack up our marbles and go home. A Stream of Influence Acceptance of Influence Practitioners must forever remain alert to the possibility that they are imposing their own values on the client. Remember, counseling is a manipulative process and it is usually not a mutual influence situation in that the practitioner examines the client’s attitudes, behaviors, etc., and not visa versa. Sure, the client probably examines our attitudes and behaviors, but so what? We’re the ones in control here. The client’s acceptance of our influence depends on our expertise. Sometimes, practitioners may be impatient and intolerant of the client who does not meet with their expectations. This is usually the result of a misunderstanding or just merely a lack of skills. Practitioners and/or organizations that are sensitive to identifying and acknowledging such things as temperament, personality, learning style, social class, racial or ethnic differences, or any other special considerations that require consideration will go a long way towards providing quality services to their clients as well as bridge any gaps that might otherwise occur. The professional practitioner influences change in the client, the client’s environment and the interaction between the two. It is imperative that we individualize each client — this will have a positive effect on how the practitioner and client understands and behaves with each other. Burnout, or the threat of burnout, causes many practitioners to become psychologically distanced from the clients they serve. Our role as a practitioner is also influenced by the bureaucratic organizations which often creates tension in our wanting to help the client vs. what the prevailing definition of our role is. The organization for which we work can negatively (or positively) impact or influence our attitude, enthusiasm and approach when the functions, structure, policies and procedures and resources of the organization constrain (or promote) our ability to provide the kind of help our clients need in order to improve the quality of their lives. Clients as Teachers This knowledge offers the possibility of more flexible, adaptive, and responsive helping behavior. It is imperative that we interact with our clients and have them become our teachers. They will provide us with new information, correct our misperceptions and refine our skills. Anyone not willing to identify, acknowledge and explore these factors are hereby: “Under arrest for being under the influence! Watch you head, please as you’re getting into the back seat of the car. Thank you.”
here have been suggestions that Minnesota should lower the age at which we can certify youth into adult court. This is not a new issue. It comes up from time to time, usually on the heels of a serious offense committed at the hands of a very young adolescent. As it now stands in the state of Minnesota, adolescents as young as fourteen years of age can be, under the right circumstances, certified and handled as an adult in our court system. The question that arises from time to time is whether to reduce the age at which this transfer can occur to thirteen years of age. The decision to transfer a serious juvenile case into adult court opens the door to the youthful offender’s being held accountable and dealt with in line with adult sentencing, including being sent to prison. Is this warranted, necessary or in the best interests of our communities? The victims of serious juvenile crime are affected by juvenile crime as much as by crimes committed by adults. At the same time, if our ultimate goals are to enhance safety (short and long term), restore victims/community, hold offenders accountable and rehabilitate them, then we need to consider many variables. The urge to exact retribution and teach a lesson that, on the surface, appears to enhance safety, is tempting. Forwarding the youth to adult court appears to meet that need, yet, the ultimate long term gains to this are questionable. The MCA Juvenile Justice Committee has researched this issue, and what follows is a summary of that research. While we maintain a formal position that opposes lowering the age of certification to thirteen years old, we have come to learn there are many factors to this important and complex decision. We invite your consideration of the information we’ve gathered. Background National research shows juvenile certification to adult court is harmful to physical safety. Youth incarcerated in adult facilities are sexually assaulted five times more often, commit suicide eight times more often, are twice as likely to be beaten by staff, and are assaulted with a weapon 50% more often than youth held in juvenile facilities. In addition, incarcerating a child in an adult prison exposes the child to more hardened offenders. Many studies show that certification to adult court does not serve as a deterrent to re-offend. Empirical evidence suggests certification laws have little or no effect on preventing youth from offending due to fear of existing certification laws. Youth who previously have been prosecuted as adults are, on average, 34% more likely to commit crimes than are youth retained in the juvenile justice system. They are more likely to re-offend, re-offend earlier, and to commit more serious subsequent offenses than those who remain in the juvenile system. Further, six large studies indicate recidivism is higher among juveniles convicted of specifically violent offenses and processed through adult criminal court compared to similar violent offenses processed through juvenile court. Experts believe this is due to the lack of focus on rehabilitation in the adult system, the stigmatization and other negative effects of labeling juveniles as convicted felons, the sense of resentment and injustice the juveniles feel about being tried and punished as adults, and learning criminal beliefs, attitudes and behaviors while incarcerated with adult offenders. It is clear that juvenile certification to adult court is counterproductive to reducing violence and increasing community safety. Lowering the certification age would increase an already existing strain on the adult system. Increased recidivism and increased violence resulting from certifying juveniles to adult court would further increase costs and reduce community safety. According to a study of incarcerated juveniles, 78% of the offenders were released from prison before their 21st birthday and 95% of juvenile offenders were released from prison before their 25th birthday. The average time served in prison was 2 years and 8 months. Under the current law, the juvenile system allows a 13- year-old 6 years to receive specialized programming and services necessary for rehabilitation. Juvenile program evaluations indicate those that provide intensive community and family based interventions with delinquent juveniles have demonstrated reduced crime while proving to be cost effective. Each child prevented from engaging in repeat criminal offenses can save the community between 2.6 million and 4.4 million dollars. An alternative proposal to 13-year-old certification is to decrease the age at which juvenile offenders are eligible for EJJ, or extended juvenile jurisdiction. EJJ allows for revocation of EJJ status followed by a prison sentence. Lowering the age of eligibility for EJJ status would result in juvenile incarceration in adult facilities resulting in the consequences outlined above. In an effort to translate research into legislation, the MCA Juvenile Justice Committee opposes lowering the age of certification to adult court to age 13. Further, the MCA Juvenile Justice Committee is not supportive of lowering the age of eligibility for extended jurisdiction juvenile designation. Sources Ash, P. (2006). Adolescents in Adult Court: Does the Punishment Fit the Criminal?. Journal of American Academic Psychiatry Law, 34(2), 145 - 149. Hammond, S. (2008). Adults or Kids? State Legislatures, April, 31 - 33. Holman, B., & Ziedenberg, J. (2006, November 28). Justice Policy Institute. Retrieved August 1, 2009, from http://justicepolicy.org/content-hmID=1811&smID=1581&ssmID=25.htm Molyneux, G. Message: Recommendation on Crime and Juvenile Justice. Washington D.C.: Hart Research Associates. P, G. Topical Publications. Retrieved August 1, 2009, from www.ncjjservehttp.org/NCJJWebsite/publications.asp?action=view3&sort=1&pagenum=1&filter=31 Redding, R. Juvenile Transfer Laws: An Effective Deterrent to Delinquency?. Retrieved August 1, 2009, from http://ojjdp.ncjrs.gov Redding, R. (1999). Examining Legal Issues: Juveniles in Criminal Court and Adult Prison. Corrections Today, April, 92 - 124. Schetky, D. (2003). Law and psychiatry. Juveniles standing trial: waiver to adult court. Journal of Psychiatry, 9(6), 465 - 468. Young, M. C., & Gainsborough, J. (2000, January). Prosecuting Juveniles in Adult Court: An Assessment of Trends and Consequences. The Sentencing Project, 1-97. Young, M. C., & Allard, P. (2002, January). Prosecuting Juveniles in Adult Court: Perspectives For Policymakers and Practitioners. The Sentencing Project, 1-59.
CA Student Services Committee continues their dedication to assist students who are seeking careers in the field of Corrections. Committee members are also prepared to speak on behalf of MCA to higher education institutions and discuss careers or other facets of Corrections. Current committee members include Chuck Ness, Rachel Miller, and Amy Waibel of the MN Department of Corrections; Mellissa Holthaus, Tessa MacDonald, and Nathan Miller of Wright County Court Services; Brandon Head and Joe Seminari, Sherburne County Probation Department; Molly Buckmister, Rock/Nobles Community Corrections; Sarah Miller, Blue Earth County Probation Department; Jessica Pelzel, Nicollet County Probation Department. I would also like to take this opportunity to thank Shannon Marks, our committee chair for the past three years, for all her hard work and commitment to the Student Services Committee. As MCA’s current secretary, Shannon continues employment with the MN Department of Corrections and remains an active member of the committee. Thanks again Shannon!
MCA and the Student Services Committee would like to congratulate Angela Determan on being awarded the 2009 MCA Scholarship of $500. Angela is the daughter of MCA Member Karen Determan of Wright County Court Services. Angela is attending the University of Minnesota seeking a graduate degree in Public Policy.
ttention current MCA members!! Do you have a college student in the family? Are you a student member of MCA? We all know how much tuition costs these days. MCA is proud to announce that once again we will be giving one $500 college scholarship. The applicant must be a dependant of a current MCA member or a Student Member of MCA and be attending an accredited two or four-year college, university or technical school. The selection criteria include academic achievement, community involvement and extracurricular activities. Applicants must also submit an essay. Applications and further information can be found at the MCA website at www.mn-ca.org or by contacting Jennifer Guse at jennifer.guse@co.blue-earth.mn.us or at 507-304-4732. The deadline is September 1, 2010, so apply now!!
Wednesday, February 18, 2010 - 9:00 AM to 12:00
Activities:
RSVP to Sherry Munyon via email: SMunyon@CapitolAccess.us Please include your county, the name of your local legislators, and your legislative districts so we can notify them that you will be visiting. If you don’t know their names or districts, go to www.leg.state.mn.us and click on “Who Represents me?”. There will be no legislative appointments made for the afternoon. For those of you who cannot attend this important event, we ask that on this day, you email your local legislators with your message.
Each year, the MCA Awards Committee offers members an opportunity to nominate one of those special people or programs that has made a difference in the field of Corrections. We all know them, they are the ones that stand out when we think of the best we have to offer. The person or program that consistently outperforms all others and goes the extra mile to ensure that the offender is treated with respect while still held accountable. Just look around and you can find them throughout the state, one may be working in the office next to you, or it may be a program in your home town that has positive results with almost all of the offenders referred to them. If you are interested in seeing who some of these people and programs are, go to the awards section of the MCA web site. There you will find a list of past recipients for each of the award categories offered at our annual fall institute. You will note that many are current leaders in Corrections and those that have since retired, left a lasting impression on how we do our jobs today. Keep this in mind as you go about your work over the next few months. Members will be receiving notice when the MCA Awards are open for nomination this coming summer. Please take the time to recognize someone or some program that you know is deserving of recognition. As I said, we all know them and all it takes is a few minutes of your time to see that they get the recognition they deserve.
MCA invites you to join a committee you have interest in! Please go to our web site and see each committee’s mission and goals. Each forum in 2010 will highlight a committee. This month is the Juvenile Justice committee! MCA Mission Statement: The mission of the Minnesota Corrections Association is to promote the professional development of individuals working in all aspects of the corrections field and to promote ethical and just correctional practices. Juvenile Justice Committee: Overall Committee Goals:
2010 Goals: The Juvenile Justice Committee of MCA is committed to working closely with the MCA Board and with the MCA Legislative Committee to keep them apprised of juvenile justice issues. We endeavor to represent MN Juvenile Justice professionals in this process and promote best practices in our field.
| |||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||
about FORUM |
FORUM is published six times a year by the Minnesota Corrections Association, a nonprofit professional association incorporated in Minnesota. Articles submitted by our membership do not express the views of MCA or the board of directors. Articles may be submitted to FORUM editor Joyce Wong (Stearns County Community Corrections) at joyce.wong@co.stearns.mn.us or by fax at (320) 656-6600. Articles should not be of the nature of a commercial solicitation of products or services; rather, they should be informative on topics of interest to MCA membership at large. |
Minnesota Corrections Association 1821 University Ave W, Ste S256 St. Paul, MN 55104-2897 651-999-5352 office@mn-ca.org www.mn-ca.org |