Fall 2021-V2

support in terms of dealing with our crime pan- County leaders also approved additional demic,” Ramsey said. “It hasn't just been two overtime for detectives for the Harris County people on (Commissioners) court. It's been five Sheriff's Office for dealing with the most violent people on court advocating that something be crimes, and passed a resolution calling on the done about these (criminal) courts, about these Texas Legislature to create an additional district judges and what they do. In many ways they're criminal court in the county. That initiative dysfunctional, and something has to be done.” passed the Legislature during its regular ses- Ramsey also requested approval of a sion. resolution supporting SB 6. The resolution had The backlog has also stressed the re- not yet come up for a vote as of 12:30 p.m. sources of local prosecutors. On Tuesday, Har- Tuesday, but is unlikely to get the support it ris County District Attorney Kim Ogg told Hou- needs from members of the court's Democratic ston Matters that she was directing her office to majority. prioritize violent cases. The move comes as part of a series of “It's at crisis level but there are solutions,” Ogg actions Harris County is taking to reduce the said. “I think we're working toward some very backlog of criminal court cases. Among those positive changes.” steps, county leaders have approved $17 million Hidalgo described the current court back- in funding to expand jury operations at NRG log as an emergency situation for victims and Park, hire additional associate judges, and up- the accused alike. grade body cams and other law enforcement “Justice delayed is justice denied,” Hidal- equipment. go said. “Justice denied for the vic- tims of crime, and justice denied for those accused of crimes, some of whom are inevitably innocent.” Additional reporting by Lucio Vasquez and Paul DeBenedetto. Reprinted with permission from An- drew Schneider. 101

Brazos County CSCD Recognizes Staff with Service Awards Four Brazos County CSCD staff were honored with service awards. (from L to R): John Latson has been with the Department for 15 years, Stephanie Smith for 25 years, Wanda Hernandez for 15 years, and Traci Conde for 30 years!! A big THANK YOU for all you do for the Department, for probation, for the Courts and for our community! CSO from Nueces County Attends Annual Reservist Duties Nueces County CSCD sends off CSO Zachery Russell on his annual reserve duties with the U.S. Army. Staff surprised him and his troop with snacks during their time of training. On behalf of the department and TPA thank you for your service. 102

Nueces County Judge Surprises CSCD during Probation & Parole Week In July during Probation & Parole Week, 347th District Judge Missy McDonald Medary treated Nueces County CSCD staff with break- fast tacos. The staff were so thankful for this generous and thoughtful act. “Thank you Judge Missy Medary!!!!” 103

Brazoria County CSCD Helps Hurricane Ida Victims The Brazoria County CSCD Staff generously donated items to help our neighbors in Louisi- ana. 2 pallets were filled with donations! The CSCD teamed up Texas City to ensure the do- nations were delivered to those in need. Con- tinued prayers are with all those affected by Hurricane Ida. Pictured from L to R: Firefighter, Fire Chief from Texas City Fire Station #1, Deputy Direc- tor Cara Dren- ner, Clinical Supervisor Da- na Hatter, and Deputy Direc- tor Karla Kutch. 104

Brazos County Remembers 9/11 To honor and remember 9/11, the staff at Brazos County CSCD wore their patriotic red, white and blue on September 10th. Bottom row (L to R): Caroline Bretherton, Debbie Batton, Barbara Bowser, Christy Portales, Diana Her- nandez, Rita Coker, Mayela Canales, Cindy Trujillo and Edith Valadez. Top Row (L to R): Jessica Weatherford, Chris Arredondo, Jenny Goerig, Ashleigh Barba, Ashley Grewenig, Darin Deutsch and Traci Conde. 105

Angelina County CSCD the 21st Annual CSCD Shoot-Out The Angelina County CSCD hosted the 21st participants were provided lunch and awards Annual CSCD Shoot-Out on September 9-10, to close out a successful event. 2021 in Lufkin, Texas. Forty-five-armed com- A combined team of Nacogdoches and munity supervision officers from fifteen differ- Cherokee Counties earned the first-place team ent counties participated in the event. trophy, followed by Kendall (2nd) and Eastland Day one opened with Stephen F. Austin (3rd). Top individual participants were Mario State University's ROTC cadets posting the Paredes (Kendall-top shot male), Marlen colors, followed by a welcome from the Hon. Chapa (Starr-top shot female), Michael Har- Paul E. White, 159th District Court. The fea- mon (Nacogdoches-2nd), and Caleb Bunn tured presentation, \"Am I That Man? How He- (Angelina-3rd). roes, Role Models, and Mentors Can Shape Your Life.\" was given by Community Correc- The Angelina County CSCD wishes to thank tions Institute instructor and retired USPO Ron Smart Start (t-shirts), Intoxalock (venue), Scheidt. Dinner and a door prize-dart throwing LifeSafer (speaker), Corrections Software So- lutions (trophies), Recovery Monitoring Solu- contest ended the evening. tions (gift card-top shot male), Smartox (gift Day two began with the History Channel's card-top shot female), and Tru-Spec (gift certif- Top Shot winner Dustin Ellermann giving the icates-2nd and 3rd top shot). The CSCD also opening invocation, followed by the three- wishes to thank the twenty-plus local sponsors phase shooting part of the competition. The for their donations; the Lufkin Police Depart- 106

ment for providing the range and firearms in- structors; and to each CSCD that participated. All made the event a great success. 107

Brazoria County CSCD Participates in Domestic Violence Awareness In an effort to bring awareness to the im- pact of domestic violence on our communities, the Brazoria County CSCD participated in Na- tional Domestic Violence Awareness Month. Beginning Monday, October 11th and each fol- lowing Monday and Friday during the month of October, staff were asked to support the cause to bring awareness in showing unity to end do- mestic violence by wearing purple. Left to right. Joshua Weir, CSO; Craig Fritz, Supervisor; Crystal Domestic Violence Awareness magnet Garcia, Senior CSO; Karla Kutch, Deputy Director; Olivia Cantu and Lolita Lewis, Support staff; Dr. Gregory Dillon, Director “ribbons” were also purchased for each employ- ee. The department also gifted some of the Studies have shown an estimation of 1 in magnets to local law enforcement for their patrol every 4 women and 1 in every 7 men in their units. CSCD employees placed the magnets on lifetime will experience severe domestic vio- law enforcement automobiles as they drove up lence by an intimate partner. Studies also indi- to the CSCD parking lot. cate over half of all victims reside in a home Purple ribbons were also made available to where a child under the age of 12 in present. anyone who wanted one for their office, door, or to wear on their person. In addition, the Bra- zoria County Domestic Violence Court team or- ganized a donation drive for The Women's Cen- ter of Brazoria County in honor of Domestic Vio- lence Awareness month. The Women's Center is the only Family Violence Center in Brazoria County, and they provide a variety of services to victims of domestic violence and sexual assault, including shelter services for women and chil- dren, victim advocacy, 24 hour crisis hotline, parenting classes, and supervised visitation. 108

Intimate partner violence not only occurs for adults but many stud- ies are highlight- ing the rising oc- currence of vio- lence in middle schools and high schools. If you or someone you know needs help, call 1-800- 799-SAFE (7233). Left to right. Joshua Weir, CSO; Craig Fritz, Supervisor; Crystal Garcia, Senior CSO; Karla Kutch and Cara Drenner Deputy Directors BCSO Dep- uty coming through for a “ribbon” placed by CSO Weir 109

Brazoria County Women’s Center, Director David Moore coming through for a “ribbon” placed by Deputy Director Kutch Walker, Grimes, Madison & Leon Counties Retreat This is a photo of staff at our Annual Retreat. We spent three days at the Huntsville State Park. Training included OC spray certification, Zoom 101, Delta variants, and Wellness – Sitting is the New Smoking. A scavenger hunt and a few

rounds of Left/Right, Center rounded out the event. Training in relaxed surroundings. It was Win Win!! Walker, Grimes, Madison & Leon Coun- ties CSCD Celebrates Pretrial, Probation & Parole Week In honor of PPPS week, the Walker, Grimes, Madison, and Leon County CSCD conducted a canned food and clothing drive in each office. Items were donated to local agencies who pro- vide support for those in need in our communi- ties. Pictured are the Walker County CSCD Community Service Coordinator, Carl Johnson (in yellow) and Supervisor Katrina Dewalt with representatives of the Good Shepherd Mission and SAAFE House in Huntsville. 111

A National Response to a Global Pandemic in a Decentralized System by John F. Fitzgerald Chief Probation and Pretrial Services Officer Administrative Office of the U.S. Courts The COVID-19 Pandemic challenged cure resources, modify statutes, and collabo- many of the institutions that society relies on, rate with other national entities to address including the criminal justice system. Chang- pandemic-related needs. Finally, it will con- es had to be made at every stage, from hear- clude with an assessment of how lessons ings and trials to pretrial release and deten- learned during the pandemic may shape the tion, sentencing, incarceration, and post- future of the system. conviction supervision. The federal Judiciary, Local and National Governance and the federal probation and pretrial ser- The federal probation and pretrial ser- vices system in particular, relied on its unique governance structure, talented leaders, and vices system consists of 93 probation offices commitment to the core mission to adapt op- and 17 separate pretrial services offices (as erations to keep safe those being investigat- of May 2021). Critical decisions regarding op- ed and supervised, as well as staff, while erations are shared among each district and continuing to keep the wheels of justice mov- the national Judiciary entities, including the ing. Judicial Conference of the United States (Conference) and the Administrative Office of This article will outline some of the the U.S. Courts (AO). measures taken by the federal probation and The specific duties of pretrial services pretrial services system in response to the pandemic. It will discuss the federal Judici- are generally spelled out in 18 U.S.C. § 3154, ary’s unique governance structure and will and include, among other things, preparing focus on the steps taken at the national level pretrial services reports, supervising defend- to help districts navigate through this unprec- ants released pending trial or sentencing, and edented period of operations. In particular, contracting for treatment and monitoring ser- the article will discuss the steps taken to se- vices for defendants who are released. 112

The duties of probation officers are pri- bation and pretrial services system and the marily listed in 18 U.S.C. § 3603, and include enforcement of the probation and pretrial instructing a person on supervision about the services laws in all United States courts. conditions specified by the sentencing court; Additionally, the Director, under the su- keeping informed, to the degree required by the pervision of the Conference, is charged with de- conditions specified by the sentencing court, veloping budget requests and disbursing funds. about the conduct and condition of a person un- In ordinary times, this shared governance en- der supervision, and using all suitable methods, sures that (1) annual budget requests reflect the not inconsistent with the conditions specified by branch’s priorities based on Judicial Conference the court, to aid a probationer or a person on policies and (2) key decisions on staffing and supervised release who is under supervision; budget utilization are made at the local level, and to bring about improvements in the conduct where chief probation and pretrial services offic- and condition of the person under supervision. ers and chief district judges are in the best posi- Additionally, under 18 U.S.C. § 3552, probation tion to assess needs and deploy resources. officers are tasked with preparing presentence Supplemental Funding reports for the courts. While the general policies and proce- In the early days of the pandemic, AO dures for the work of probation and pretrial ser- staff, on behalf of the probation and pretrial ser- vices officers are included in the Guide to Judi- vices system, performed a needs analysis to ciary Policy and various procedural manuals is- determine what additional costs might be in- sued by the AO, each district has wide latitude curred. It was clear from the outset there would in developing local policies and procedures gov- be disruptions to the delivery of treatment, test- ing, and monitoring services. It was estimated erning how the work is performed. there would be a shift in treatment modalities— The Director of the AO is charged with, moving from in-person, group sessions to more among other things: individual, remote (telemedicine) sessions. Ad- • Investigating the work of probation and pre- ditionally, it was projected that drug testing prac- trial services offices, tices would change, relying less on urinalysis • Formulating general rules for the proper con- and transitioning to more costly methods like duct of the probation and pretrial services transdermal patches. Finally, it was estimated work, and the pandemic would result in an increase in the number of people placed on home confinement • Endeavoring by all suitable means to pro- with location monitoring. mote the efficient administration of the pro- 113

and transitioning to more costly methods like Legislative Fixes transdermal patches. Finally, it was estimated From the start of the pandemic, it was the pandemic would result in an increase in the clear prisoners and detainees were among the number of people placed on home confinement most vulnerable populations in society. The with location monitoring. courts and the Federal Bureau of Prisons To prepare for these changes in treat- (BOP) were immediately confronted with the ment, testing, and monitoring, the AO submitted challenge of balancing the safety of the inmates a request to Congress for supplemental fund- and the need to ensure the execution of the ing. The request was limited to treatment, test- sentence. There quickly emerged several strat- ing, and monitoring services related to the su- egies to move lower risk inmates out of BOP pervision function, and did not address other facilities and back into the community, either pandemic-related requirements, such as per- through a reduction in sentence or placement sonal protective equipment, additional IT equip- on home confinement. ment and services, or modifications to work- Under the First Step Act of 2018 (FSA), spaces. the courts were authorized under 18 U.S.C. § On March 27, 2020, the “Coronavirus 3582(c)(1)(A) to reduce the term of imprison- Aid, Relief, and Economic Security ment imposed on an inmate who “fully exhaust- Act” (CARES Act) was enacted. While the bulk ed all administrative rights to appeal a failure of of this legislation was directed at providing the Bureau of Prisons to bring a motion on the emergency assistance to state and local gov- defendant’s behalf or the lapse of 30 days from ernments, individuals, and employers, Con- the receipt of such a request by the warden of gress appropriated $7.5 million for supple- the defendant’s facility, whichever is earlier.” mental needs of the Judiciary, including $5 mil- Before the FSA, the only way an inmate could lion for the needs of probation and pretrial ser- receive a reduction in sentence was if the BOP vices offices. The AO’s ability to quickly assess submitted a petition to the court. But post-FSA, the system’s needs allowed the Judiciary to inmates had the opportunity to directly petition submit this request in time for Congress’s expe- the court to reduce the term of imprisonment. dited passage of the CARES Act. More im- Additionally, the BOP relied on two exist- portantly, this additional funding assured chief ing authorities—one expanded under the probation and pretrial services officers across CARES Act—to further reduce the size of the the country that funding would be there to cover federal prison population. First, the BOP took any pandemic-related adjustments needed in advantage of its authority to place inmates into their treatment, testing, and monitoring pro- prerelease home confinement under 18 U.S.C. grams. § 3624. Ordinarily, such placements would be 114

limited to six months or 10 percent of the sen- sions direct probation officers to assist in the tence, whichever was higher. However, under supervision of inmates placed on prerelease the CARES Act, the Attorney General was au- custody in the community; however, these thorized to expand the use of home confine- provisions are inconsistent and result in con- ment. Accordingly, on March 26, 2020, the At- fusion about expectations. The Conference torney General issued guidance to the Director recommended adopting a consistent stand- of the BOP, ordering that low-risk inmates be ard requiring probation officers to assist in- screened and placed on home confinement, mates on prerelease custody to the “extent notwithstanding the limitations in § 3624. practicable.” The second mechanism used by the Additionally, the Conference agreed to BOP was the elderly home confinement pro- seek legislation that would harmonize the meth- gram, which was originally authorized under the od of monitoring inmates in prerelease custody. Second Chance Act, and expanded under the Across the different statutes, inmates would be FSA. This program allows the BOP to place cer- released to “home confinement,” “home deten- tain inmates who are age 60 or older, and who tion,” or “electronic monitoring.” Since these have served two-thirds of their sentence of im- terms have different meanings under the Judici- prisonment, to complete the remainder of their ary’s policies, the Conference agreed to recom- prison sentence on home confinement. mend legislation that would adopt a uniform While the expanded use of home con- monitoring method, such as the method adopt- finement and compassionate release worked in ed by the Sentencing Commission in its 2018 reducing the number of inmates housed in BOP edition of the Sentencing Guidelines Manual. facilities, these remedies raised new issues and • Facilitating Early Termination of Supervised implementation challenges that would require Release: Section 3583(e)(1) of Title 18, al- attention. As a result, the Judicial Conference lows for the court to “[t]erminate a term of and its Executive Committee, upon recommen- supervised release and discharge the de- dations of the Criminal Law Committee and the fendant released at any time after the expira- Defender Services Committee, set out to review tion of one year of supervised release, pur- the patchwork of statutes and make recommen- suant to the provisions of the Federal Rules dations to Congress on how to improve their op- of Criminal Procedure relating to the modifi- eration. The recommendations included: cation of probation, if it is satisfied that such • Clarifying and Harmonizing the Obligation of action is warranted by the conduct of the de- Probation Officers to Assist Inmates on Pre- fendant released and the interest of jus- release Custody: Several statutory provi- tice” (emphasis added). The requirement 115

that a person must complete one year of super- lays. To address this, the Conference agreed vised release before being eligible for early ter- to seek legislation that would clarify the duty mination may result in some people completing of the BOP to supply the medical records of longer periods of supervision than are neces- inmates seeking compassionate release to sary to achieve the purposes of sentencing. For the probation office, the attorney for the gov- example, in some instances, it may be unnec- ernment, and the attorney for the inmate. essary that a person compassionately released • from the BOP complete one year of supervised Waiving the Time Limits and Requirement to release. Similarly, inmates who have served Exhaust Administrative Remedies Before an longer periods of prerelease custody in the Inmate Can File a Compassionate Release community may have demonstrated that early Petition with the Court: The FSA’s creation of termination is warranted before completing one a direct petition to the court for compassion- year of supervised release. Accordingly, the ate release included a requirement that the Conference has agreed to seek legislation that inmate exhaust all administrative remedies would allow for the early termination of super- or wait 30 days from submitting a request for vised released in some cases before the per- compassionate release to the warden. Both son completes one year of supervised release. of these provisions were intended to give the BOP an opportunity to review the merits of • Improving Procedures Around Compassion- the request before making its own recom- ate Release: The Conference agreed to seek mendation to the courts. However, as the several legislative provisions designed to im- pandemic increased the risk to inmates’ prove the procedures surrounding compas- health and safety, these timelines served as sionate release motions. barriers to getting petitions in front of the court expeditiously. Accordingly, the Confer- • Increasing Access to BOP Medical Records ence agreed to seek legislation allowing a for Compassionate Release Motions: One of defendant, after filing a request for compas- the early challenges that courts experienced sionate release relief with the BOP, to file a upon receiving direct petitions for compas- motion for compassionate release directly in sionate release from inmates was the lack of the district court before 30 days have lapsed consistent procedures to obtain the inmates’ if the exhaustion of administrative remedies medical records. In some districts, courts would be futile or the 30-day lapse would shifted that duty to assistant U.S. attorneys. cause serious harm to the defendant’s In others, requests were submitted directly health. The amendment recommended by by the court, sometimes through the proba- the Conference would apply to the period tion office, to the BOP. The lack of a stand- during the national emergency declared by ard approach resulted in confusion and de- 116

the Conference would apply to the period dur- tion or supervised release with or without ing the national emergency declared by the conditions that does not exceed the un- President under the National Emergencies Act served portion of the original term of impris- (50 U.S.C. § 1601 et seq.) with respect to onment.” When read together with § 3624 COVID19 and end 30 days after the national (e), it appears that any term of supervised emergency term. released imposed in connection with com- • Appointment of Counsel: Sections 3006A passionate release must be served consecu- and 3582 of Title 18 are silent on whether an tively to any other term of supervised re- inmate may have counsel appointed to as- lease. This may reflect Congress’s intent, sist in filing a compassionate release petition but it raises questions about whether this re- with the court. The lack of explicit authority sults in unnecessary duplication and poten- resulted in judges reaching different conclu- tially lengthy supervised release periods that sions as to whether courts may appoint may conflict with established social science counsel as a discretionary matter under the research indicating excessive supervision is Criminal Justice Act. To address this ambi- not necessary to achieve positive outcomes guity, the Conference agreed to recommend and in some cases may even be counterpro- amending section 3582 to explicitly permit ductive. The Conference agreed to seek leg- the appointment of counsel for this purpose. islation that would clarify this result. Having appointed counsel would facilitate Interagency Coordination the presentation of well-prepared and well- During the best of times, the efficient op- reasoned motions and the weeding out of eration of the federal criminal justice system re- unmeritorious petitions and acceleration of lies on close coordination between the Judiciary meritorious ones. and the DOJ, and especially the BOP. The need • Imposing Multiple Terms of Supervised Re- for close coordination was never clearer than lease: Section 3624(e) of Title 18 instructs during the pandemic. Driven by over-arching that a term of supervised release “runs con- concerns for the safety of inmates and employ- currently with any Federal, State, or local ees, the courts, DOJ, and BOP all took steps to term of probation or supervised release or alter operations, including changes to in-person parole for another offense to which the per- court proceedings, inmate admissions and son is subject or becomes subject during the transfers, and the use of home confinement and term of supervised release” (emphasis add- compassionate release. No agency could make ed). Section 3582(c)(1) includes a provision a change without considering the impact on its allowing the court, when granting compas- criminal justice partners. Accordingly, the regu- sionate release, to impose “a term of proba- lar means of coordinating had to be enhanced. 117

change without considering the impact on its ate release proceedings. criminal justice partners. Accordingly, the regu- By the spring of 2021, the conversations lar means of coordinating had to be enhanced. shifted to inmate and staff vaccinations and the Before the pandemic the Judiciary and hopeful return to normal operations. The in- the BOP formed an interagency working group creased collaboration between the courts, the designed to address matters of mutual concern DOJ, and BOP paid off in several ways. First, related to the execution of sentences of impris- AO and BOP staff enhanced discussions on onment. The original charter for the group inmate reentry and the placement of inmates called for one meeting each quarter, with agen- on home confinement. These early conversa- da topics mutually agreed upon by the chair of tions gave the BOP the opportunity to find al- the group (the chair of the Criminal Law Com- ternate methods of supervising inmates in the mittee) and the BOP. The first several meet- community when probation officers were una- ings of the Judiciary/BOP Working Group fo- ble to step in. Second, critical information on cused on things like the BOP’s closure of sev- changes in BOP operations were quickly eral residential reentry centers (RRCs) across shared with the courts, giving judges, defense the country, measures to protect inmates who attorneys, and probation and pretrial services were cooperating witnesses, and the imple- officers the opportunity to adjust their own op- mentation of the FSA. erations accordingly. Finally, the working group Beginning in the spring of 2020, the fo- members identified and suggested improve- cus of the working group, and the urgency of ments to numerous procedures developed dur- the discussions, took on a new shape. First, ing the pandemic, including procedures on ob- meetings went from being held once per quar- taining inmates’ medical records in connection ter to every other week. Additionally, to ensure with compassionate release petitions. the conversations were comprehensive, repre- Other Activities at the National Level sentatives from the DOJ’s Criminal Division In addition to the above, the AO and the Judi- and the Deputy Attorney General’s Office were cial Conference took assorted actions to help invited. Early topics of conversation during the the judiciary through the pandemic. pandemic included limiting inmate admissions and transfers, establishing quarantine proce- Adjustments to Workload: Annual funding for probation and pretrial services offices is based dures within the BOP, and finding ways to pro- on the results of a workload formula. Typically, mote remote court appearances by inmates. workload from July 1 to June 30 is used to de- Eventually, as described above, focus shifted termine staffing allocations for the subsequent to understanding the BOP’s use of early re- fiscal year. From July 1, 2019, to March 31, lease procedures and facilitating compassion- 2020, the national aggregate workload of pre-

trial services offices increased by more than Carolina. Additionally, each officer must com- 400 positions. However, beginning in April plete 40 hours of annual continuing education. 2020, workload began to plummet. By March As the pandemic hit, AO staff were forced to 2021, the system was down almost 1,100 posi- shift training from mostly in person to remote. tions. These declines were mostly attributable Curricula were revised, and staff quickly accli- to changes in pretrial services activations (due mated to the on-line platforms available. Alt- to the suspension of grand juries) and presen- hough there were certain training components tence reports (due to the suspension of criminal that could not be replicated remotely (e.g., fire- jury trials and fewer defendants pleading arms range training, officer response tactics guilty). To track the changes in workload and training), participation in the remote training other metrics, AO staff developed and de- programs was high. Due to the challenges ployed a series of data dashboards, allowing across the country of accessing firearms rang- managers at the AO and in the courts to easily es, many of which were closed due to local observe the trends on a weekly basis. ordinances and social distancing rules, the AO It was widely assumed that once the pan- extended the qualification timelines for officers demic ended, workload would begin to re- and instructors until range time could be se- bound. Any loss of staff during the pandemic, cured. therefore, would result in severe staff shortages • Adjustments to Office Reviews: Under 18 once the work resumed. To avoid this result, U.S.C. § 3672, the Director of the AO “shall AO staff proposed, and the Conference ap- investigate the work of the probation officers proved, a revised allotment method for fiscal and make recommendations concerning the year 2021. The revised method would use same to the respective judges.” Pre-pandemic, workload for the 12-month period starting April reviews were conducted in-district by a team 1, 2019, and ending March 31, 2020. By shift- of officers led by AO staff. The move to remote ing the statistical period, the sharp decline in operations and the restrictions on travel made workload at the start of the pandemic would be the continuation of in-person reviews impossi- avoided, and the probation and pretrial services ble. In an attempt to carry out the scheduled offices would be better situated for when the work, AO staff and the chiefs in the districts workload resumed. selected for reviews worked together to con- • Adjustments to Training: All new probation and vert on-site reviews to remote reviews. Team pretrial services officers are invited to partici- members were granted access to the district’s pate in a six-week initial training program at case management system and assigned cas- the training academy in Charleston, South es to review using the standard instruments. 119

AO team leads used the Microsoft Teams plat- of the Federal Judicial Center, and under the form to hold daily team meetings and to check leadership of people like Chief Probation Of- in with the district’s management. While sever- ficer Connie Smith from the Western District al components of the reviews had to be cur- of Washington, nationwide videoconferences tailed (e.g., ride-alongs with officers, visits to were arranged to give chiefs an opportunity to treatment providers), the remote reviews al- hear from one another and share important lowed the AO to largely stick to its schedule. information about how each of them was ad- The success of the remote reviews has in- justing operations. Chief Smith, headquar- spired the AO to pilot a hybrid review process tered in Seattle, had the unfortunate distinc- in fiscal year 2022. Under this revised proto- tion of witnessing the effects of the pandemic col, case file reviews will be conducted off-site, earlier than the rest of the country, and her but a small team will still visit the district to experiences and advice helped all of her col- conduct components that cannot be performed leagues prepare for what was to come. More- remotely. over, these videoconferences allowed chiefs • Adjustments to Communications: Before to see and hear one another, which offered a the pandemic, most of the communication benefit that could not be achieved through with the probation and pretrial services emails or memoranda. chiefs was through weekly emails from AO Conclusion staff. At the suggestion of the Chiefs Advi- Like all other criminal justice agencies, sory Group, an advice-giving body of chiefs the federal probation and pretrial services sys- elected by their peers, the AO steadily in- tem had to adapt in response to the global pan- creased communications until it was an al- demic. At the district level, chiefs and chief most daily occurrence. These communica- judges took the necessary steps to evaluate tions updated the chiefs on what the nation- conditions and transition to remote operations. al judiciary entities were doing in response Interviews and court appearances were con- to the pandemic, shared best practices and ducted over video, and fieldwork was facilitated suggested adjustments to operations, an- by mobile phone video applications. Time will nounced remote training opportunities, and, tell if the interruption in regular supervision ser- quite importantly, provided advice and re- vices had an impact on the ability of people un- sources designed to promote wellness dur- der supervision to succeed. ing a period when stress, personally and Despite the unprecedented nature of the professionally, was at an all-time high. pandemic, the Judiciary responded as it often Communications were also improved by chiefs does—with a commitment to the fair admin- sharing with fellow chiefs. With the assistance istration of justice. Judiciary personnel identi-

ified and secured resources needed to continue critical operations. They analyzed statutes, poli- cies, and procedures and made recommenda- tions to improve their effectiveness. Staff from the DOJ, BOP, and the courts enhanced their communication and collaboration, meeting regu- larly to solve problems as they emerged. Train- ing and other critical services were modified so they could be delivered remotely and keep offic- ers’ skills honed while they worked out of the office and travel opportunities were limited. Clearly, the lessons learned during the pandemic will inform future policies and proce- dures. For example, there will most certainly be ongoing discussions and evaluations of tele- work. Operationally, AO staff are already evalu- ating data on virtual contacts to see if there is a way to continue these practices and increase officers’ productivity, efficiency, and effective- ness. There is a commitment to preserve prom- ising practices that reduce costs and improve service delivery, which may impact future train- ing programs and, as noted above, how office reviews are conducted. The world hopes to never again endure the pain, loss, and disruptions experienced dur- ing the pandemic. While the federal probation and pretrial services system was tested, it will emerge stronger and better prepared to take on the challenges to come. “Reprinted with permission from Vol. 85, No. 1 of Federal Probation (June 2021).” 121

TPA LEGISLATIVE CONFERENCE Frisco, TX August 1-4, 2021 122

The TPA Legislative Conference in Friso, TX—2021 The Texas Probation Legislative Conference held in Frisco, TX Au- gust 1, 2021 through August 4, 2021 was the first in-person conference the Association has had since 2019. There was a great turnout, with 282 at- tendees. In this section we announce the TPA Award recipients and share some great photos from the conference. We would like to recognize and thank Joseph Tanbouz, TPA member and CSO with Tarrant County CSCD, for taking these great photos. Not all of the photos are available and cam- era ready for publication, so we will include those in the next issue.

TEXAS PROBATION ASSOCIATION Charles Hawkes Award continues to work in this capacity and has been instrumen- Chris Thomas, East TX CSCD tal in bringing evidence-based practices into the depart- ment. Since his appointment, Chris has worked diligently to put salary structures into place and has been able to up- date the department’s technology and purchase vehicles needed for field work and travel. Chris is a member of APPA and a lifetime member of TPA. He is a past President of TPA and continues to serve the field of Probation in many capacities. Brian J. Kelly Award Award Sheila Hugo, Walker, Grimes, Madi- son & Leon County CSCD Shelia Hugo has successfully served the field of probation for the past 30 years. For many years Shelia vol- unteered at each TPA twice a year to gather donations to help pay for our lobbyist, the scholarship fund, as well as the TPA general fund by obtaining sponsorships from ven- dors. She did this out of her belief that probation is vital to help those who are placed on supervision, as well as her fellow CSOs locally and state-wide. That it was WORTHY of her time. Christopher B. Thomas, a native of Jasper, Texas, graduated from Texas A & M University in 1993 with a Bachelor of Science in Psychology. Upon graduation, he began his career with the 1st Judicial District CSCD serv- ing Jasper, Newton, Sabine, and San Augustine Coun- ties. As an officer, Chris worked in the courts as well as supervising felony and misdemeanor offenders. He au- thored many pre-sentence investigation reports and served as the State Jail and CSTS Coordinator. Chris supervised the high-risk caseload for the majority of his career and was responsible for all sex offender registrations and public notifications. In addition to his work in the courts and su- pervision, he served as the CSCD’s Computer Liaison and was responsible for the department’s upgrade to its current web-based system. In November, 2000, Chris was promoted to Assis- tant Deputy Director. In this capacity, he was responsible for the daily operations of the department in the absence of the Director and Deputy Director. In December, 2008, Chris was appointed to serve as the Director of the 1st Judicial District CSCD. In 2018, the 1st Judicial District and Shelby County CSCD merged together as one creating the East Texas CSCD. Chris was instrumental in paving the way for a successful merger. He 124

N LEGISLATIVE CONFERENCE Her servant-heart for our field has benefited the field of pro- the job. bation in unmeasurable ways over the past three decades. Mr. Kesinger has supervised a bond caseload, mis- Shelia has diligently worked at the Walker Co CSCD for the demeanor caseloads, felony caseloads, transfer-in caseloads, past 30 years serving the courts as well those who are on court officer assigned to a County Court, court officer as- supervision. Shelia is always approachable to those in the signed to a District Court, Supervisor over Indirect Unit for 3 field as she will help them in any way possible. She provides years, senior supervision officer, supervised ICOTS transfer- ideas and assists other deputy directors as they have ques- out cases and ICOTS Supervisor for Johnson and Somervell tions about implementing changes in their depart- Counties. He recently been taking part in the interviews and ments. Shelia is currently the Deputy Director at the Walker hiring decisions for new officers. He was chosen as Employ- Co CSCD. ee of the Year for Johnson/Somervell County CSCD for 2020. Judge Terry L. Jacks Award, Edward S. Aris Johnson Award, Ed Cockrell, Jef- Kesinger, Johnson & Somervell County ferson County JPD CSCD Ed Kesinger graduated from Tarleton State Universi- ty December 1998 with Bachelor of Science degree in Crimi- Ed Cockrell is currently the Chief Juvenile Probation nal Justice with minors in English and Psychology. He began his career with Johnson/Somervell County CSCD on April Officer of Jefferson County Juvenile Probation Department. 15, 1999 where he remains employed today. He served as a He began his career in January of 1990 as a Juvenile Deten- court officer for both District and County courts after helping tion Officer. He served in that capacity for 8 months when he form a Court Services Unit. He also helped develop the tem- was promoted to a Juvenile Probation Officer position. plate for computerized probation orders. Edward was pro- He served two years as a Casework and Field moted to a Supervisor position and supervised the Indirect Officer. In February of 1992, Ed was promoted to Assistant Unit for a period of time supervising 7 officers and several Detention Supervisor. In April of 1992, he was named Juve- probation officer aides. As a training type of unit where new nile Casework Supervisor for the Department. probation officers began to learn the job, he very much en- joyed working with new officers and helping them to learn 125

TEXAS PROBATION ASSOCIATION In May of 2005, Ed became the Detention Superin- As a student, Brenna Bubela began her criminal justice stud- tendent and in June of 2006, he was promoted to Juvenile ies at Wharton County Junior College. In the course of her Casework Manager and he was responsible for supervising studies at Sam Houston State University, Brenna completed all of Probation and Detention operations for the depart- an internship at Walker County CSCD. After earning her ment. He remained in this position until October of 2011 Bachelor of Science degree in Criminal Justice in 1995, she when he became the Chief Juvenile Probation Officer. brought her talents back home to Wharton County, where Ed Cockrell has not only been committed to Jeffer- she began volunteering at Wharton County CSCD. Because son County Juvenile Probation, he has been a dedicated Brenna had gained much experience through her work in member of the Texas Probation Association practically his Walker County, she was a tremendous asset to the officers entire career. He has served on and chaired various com- in Wharton County, where she immediately began assisting mittees. He has served on the Board of Directors in various with casework duties as well as the monumental task of en- tering data into the department's newly-acquired case man- capacities since 2005 that include, Juvenile Discipline, Par- liamentarian, Vice President and even President of the As- agement system. sociation 2013-2015. Although Brenna accepted a position as an Institu- In addition to this, Ed has participated on several tional Parole officer in 1996, she knew that her passion truly Texas Juvenile Justice Department Advisory Council Stand- rested in the probation profession. She returned to Wharton ards Subcommittees and he is currently the Advisory Coun- County CSCD in January 1997, at which time she supervised cil Chair. Chief Cockrell has always stepped up to do what- a mixed caseload of misdemeanor cases, state jail felons, ever he can for the success of Jefferson County Juvenile and graduates of the substance abuse caseload. Since her Probation and the field of probation as a whole. He is defi- employment with Wharton County CSCD, Brenna has al- nitely deserving of the Aris Johnson Award due to him be- ways been eager to learn any task put before her and mas- ing an outstanding Juvenile Administrator. tered it with great ease. Lewis Butch Amonette Award During her tenure with the department, Brenna has Brenna Bubela, Matagorda/Wharton served as the Substance Abuse Caseload Officer, as well as County CSCD CSCD supervised every type of case handled by the department. Brenna currently serves as a Senior Officer, covering two District Courts. In the course of her duties, she oversees the work of all CSOs and support staff, serves as a Training Officer for new staff members, and supervises cases that have pending motions to revoke or adjudicate and all inter- state compact cases. Even after her clients have completed their terms of supervision, Brenna often visits with them, discussing their successes and helping to guide them if they need additional support. Brenna has served TPA as its Secretary and current- ly co-chairs the Association's Registration Committee. She was the 2012 Recipient of the Terry L. Jacks Award for Out- standing Adult Line Officer. A co-worker described Brenna as the \"glue that binds the department,\" and said that Brenna consistently puts others' needs before her own. A career of service to her clients, loyal and dedicated assistance to department admin- istration and local courts, and a passion for the mission and vision of the probation profession deem Brenna Bubela to be a most deserving recipient of the Butch Amonette Award.

N LEGISLATIVE CONFERENCE Clara Pope-Willoughby Award Roxane Marek Award Christal Channell, Jefferson County JPD Jessica Diaz, Gudalupe County JPD Christal Channell was born in Port Arthur, TX. She Jessica Diaz began her career as a juvenile probation graduated from Stephen F. Austin High School in 2002. officer (JPO) in Guadalupe County. Upon graduation from While in high school, Christal attended the Criminal Justice Texas Lutheran University with a Bachelor of Science degree program at Stillwell Vocational Center. After graduation, in Sociology specializing in Criminal Justice she was soon she attended Lamar State College-Orange and Port Arthur promoted to a JPO. and obtained an Associate of Applied Science in Criminal Justice in 2007. Christal went on to obtain a Bachelor of During her tenure as a JPO, Officer Diaz was recom- Science in Criminal Justice Administration from the Universi- mended and served as a school liaison and became a mem- ty of Phoenix in 2013. She recently obtained her Master of ber of the Truancy Intervention Team. Officer Diaz em- Business Administration and Human Resource Management braced the experiential programming as one of the leaders in in 2020. attaining a Level I ROPES course certification, as well as one Christal Channell began her career in Criminal Jus- of the lead facilitators in the mountain bike program for fe- tice in 2013 with Jefferson County Juvenile Probation as a male offenders in Guadalupe County (Dirt Divas). Officer part-time control room operator. In November 2014, Christal Diaz was also assigned the Inter County Transfer caseload became a full-time control room operator. In March 2015, among her other day to day responsibilities. Christal was promoted to Case Aide for the Intensive Super- vision (ISP) Unit. Christal became a Certified Juvenile Proba- Officer Diaz displays a great deal of independence tion Officer (JPO) in September 2016. She is also dually certi- and initiative which challenges and motivates everyone around her. An example of this is the creation of the R.E.V. fied as a Juvenile Supervision Officer. As a JPO, Christal has supervised various caseloads (Readiness, Enlightenment and Vision) program. Officer Diaz including the Port Arthur Girls, Port Arthur Boys, Sex Offend- understands the evidence based impact of at risk children ers, the Special Needs Diversionary Program (SNDP), and having limited recreational opportunities and she, along with her current caseload is Beaumont ISP. As a Juvenile Officer, another officer created opportunities for juveniles to recreate Christal has made significant contributions to the Juvenile in positive, pro-social activities with activities, field trips and Justice Field and she is full deserving of the Clara Pop- events. After serving as a Probation Officer for 11 years she Willoughby Award. Since being nominated for this award, was promoted to Intensive Supervision Probation Officer. Christal resigned from Jefferson County Juvenile Probation She served as one of only two ISP officers in Guadalupe to accept a position as a Federal Probation Officer in Beau- County for one year Juvenile Probation Officer Supervisor. mont, Texas. 127

TEXAS PROBATION ASSOCIATION In her spare time she enjoys spending time with her hus- Manager. He is an active member of several multidiscipli- band, two girls and many farm animals. Officer Diaz displays nary committees, associations, and workgroups. He is a Tex- a great example of servant leadership which benefits her as Substance Abuse Mental Health Services Administration (SAMHSA) GAINS Center Trauma-Informed Responses department and community around her. Trainer. TPA President’s Award On March 2017, Mr. Anderson was appointed by Jarvis Anderson, Bexar County CSCD Governor Abbott to Texas Specialty Courts Advisory Coun- Director cil and recently voted to serve as the Chair of the Texas Spe- cialty Courts Advisory Council. He is also a member of the National Association of Probation Executives (NAPE) and Texas Coordinating Council for Veterans Services. Mr. Anderson served two years in the US Army sta- tioned in upstate New York and San Francisco, California. Mr. Anderson's father, Lawrence Junior Anderson served for 27 years in the Air Force and Marines, which gave Mr. An- derson the opportunity to experience different cultures and life outside of the USA. Jarvis Anderson was appointed as Director of Bexar County Community Supervision and Corrections Depart- ment in 2009. As the Director, Mr. Anderson is responsible for the Bexar County CSCD and have been charged with public protection through the oversight of more than 16,000 offenders residing in Bexar County. He has served as Vice Chair and Region Four Rep- resentative to the Probation Advisory Council (PAC) of Tex- as. The PAC is comprised of Directors of various CSCDs around the State and provides consultation to CJAD and the Judicial Advisory Council (JAC) to improve commu- nity supervision services in Texas and shape legislative and administrative policy. Mr. Anderson began his career at Bexar County CSCD as a Community Supervision Officer (CSO) in 1993. He has held various positions within the Department to include 128 Court Liaison Officer (CLO), Staff Trainer, and

N The Texas Probation Association would like to thank all of the hardworking probation and pretrial professionals around the state. Pretrial, Probation and Parole week was the third week in July. 129

Harris County Courthouse, Built in 1910 Rockwall County Courthouse, circa 1940