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NJACA
Newsletter February
2014
Looking Back:
NJACA Spring Conference
2013 The
New Jersey Chapter of the American Correctional
Association proudly presented their spring
conference at the National Conference Center at
the Holiday Inn at East Windsor on April 26,
2013. The conference entitled “Impacting
Jail Recidivism: Strength in
Partnerships” brought out 125 attendees to
hear how county jails are working to manage mental
health and substance abuse needs of inmates across
New Jersey. Gretchen Raring of
Jewish Family Services of Atlantic County, Stacey
Dix-Kielbiolwski Court Liaison to Hudson County
Department of Corrections and Anthony Towns of
Greater Trenton Behavioral Health presented how
each of their organizations is working closely
with their county jails to improve outcomes for
jail inmates presenting with mental health
problems. Steve Fishbein of the Division of
Mental Health and Addiction Services moderated
this discussion.
The documentary earned a spot at the Sundance Film
Festival and traced McGreevey’s steps from his
political career to his role now at the Hudson
County Jail through Integrity House working with
incarcerated women. Oscar Aviles, the
Director of the Hudson County Department of
Corrections introduced his panelists and partners
in Hudson County working on improving discharge
planning for jail inmates. Hudson County
leads the way in forging successful partnerships
that will enable former inmates to be successful
when returning to the community.
NJACA
honored individuals for their 25 years of
membership and thanked them for their longstanding
commitment to professionalism in the corrections
field. Among those honored were Bill
Burrell, John Paitakes, Sherry MacPherson, Dennis
Sherman, and Chip Vaughn.
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Psychiatric
Help Provided to Inmates Without Leaving
Correctional Facility
Walls The
days of a jail inmate in psychiatric crisis being
taken to an emergency room and waiting for hours -
or sometimes days - to be treated have been
eliminated thanks to the growing use of
telepsychiatry to treat mental health needs.This
technology allows for an inmate to be seen by a
psychiatrist without ever leaving the facility
through the use of cameras, television monitors
and remote on-call physicians who can be available
within minutes. CFG Health Systems, LLC provides
telepsychiatry services to several New Jersey
correctional facilities. Nationwide, approximately
120 correctional and medical facilities in 13
states have contracted with CFG for telepsychiatry
and telemedicine services.
"It
is an incredible cost-savings measure and
eliminates the wait in getting treatment to the
patient," said Dr. James Varrell, CFG's
president and medical director. "In correctional
facilities, it also cuts down on personnel costs
and greatly reduces the safety risk to the
transporting officers, the emergency room
personnel and the public at
large."
Not only does
telepsychiatry benefit inmates who are truly
undergoing a psychiatric episode, Dr. Varrell
said, but it also prevents an unnecessary trip for
those inmates who do not legitimately need to be
transported for such care.
For more
information on the correctional telemedicine and
telepsychiatry services provided by CFG, visit http://www.cfghealthsystems.com/content/services/telemedicine.asp Submitted by:
Jeanine P. Miles, MS,
LPC
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The
Prison Rape Elimination Act
(PREA): An
Overview
The Prison Rape Elimination Act was created
in 2003. The intent of the Act is the prevention,
detection, and response to sexual victimization
across incarcerated populations. Since 2003,
several committees and advisory groups were
solicited for input on operational concerns and
costs for implementation. In Spring
2012, final regulations were published in the
Federal Register. The regulations became
immediately effective for all federal facilities.
State and county facilities, municipal lock ups,
community facilities and juvenile facilities are
required to achieve compliance according to a
staggered schedule. These facilities will be
subject to an audit schedule with three annual
cycles. For the period of August 2013 through
August 2014, one third of these facilities must
achieve compliance. The remaining two thirds must
come into compliance during the subsequent two
cycles through August 2016 Non compliance could
result in a ‘give back’ of 5% of all federal
funds awarded to these departments. If found
non-compliant with any standard, the agency will
be granted a 180 day ‘grace period’ to come into
compliance. PREA standards simply
reflect what has come to be accepted as good
correctional practice across the country. Of
particular note are two standards that will impact
facility operations. First, following
a staggered schedule, a prohibition against cross
gender ‘pat frisks’ will be implemented, regarding
female inmates. Specifically, male custody staff
will be prohibited from conducting ‘pat frisks’ on
female inmates. Second, all offenders under the
age of eighteen must be kept separate (i.e.
sight and sound) from offenders age 18 and
over. Existing policies and
internal management procedures will require
revision which incorporates specific PREA
standards. In some cases, new policies will need
to be created. Only Department of Justice
certified PREA auditors will conduct facility
audits.
Submitted
by: Sherry Sandler, NJ State Parole
Board
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New
Jersey Bail Reform Bail
reform in New Jersey is perceived by many to be a
long overdue and a topic of increasing political
relevance—in his State of the State address on
January 14th, Governor Christie called for a
constitutional amendment allowing for the absolute
detention of pretrial arrestees who pose an
unacceptable threat to public safety.
Relying on money bail as the primary
mechanism for pretrial release promotes a system
in which dangerous individuals with financial
resources are able to easily secure their freedom,
while others who pose no risk often languish
behind bars for months.
A report released earlier this year found that
county jails in our state are overflowing with
individuals awaiting trial, 40 percent of whom are
incarcerated simply because they cannot afford
bail. These findings, coupled with the Governor's
remarks, present a unique opportunity for a truly
bipartisan and urgently necessary overhaul of the
bail system. Senator Norcross and
Assemblyman Burzichelli have introduced companion
pieces of legislation (S946 and A1910)
that would identify candidates for pretrial
release using a risk assessment instrument and
provide the court with a range of nonmonetary
conditions to best ensure appearance in court and
community safety. It would also permit absolute
detention orders for arrestees who pose an
unacceptable risk. To learn more
about the movement to reform New Jersey’s bail
system and for ways to get involved please click
here.
Submitted
by: Elizabeth Thompson, J.D., Drug Policy
Alliance
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Benefits for New
Jersey Residents with Drug
Convictions Frequently Asked
Questions Getting
needed social services and support can be
particularly challenging for people with drug
convictions. A number of federal and state laws
make these individuals ineligible for certain
types of assistance or place significant barriers
in the way of getting assistance. These laws make
it difficult for those who need help to
reintegrate into their communities, access social
services and rebuild their lives. This factsheet
answers common questions about eligibility for
three of the most helpful social support programs:
Food Stamps/SNAP, Cash Assistance/GA and
Medicaid.
Can
People With Drug Convictions Get Food
Stamps/SNAP? Yes.
Previously known as Food Stamps,
the Supplemental Nutrition Assistance Program
(SNAP) is a federal program that provides
nutritional assistance to low-income individuals
and families. In 1996, the federal government
created a restriction denying nutritional
assistance to anyone convicted of a federal or
state drug possession or distribution felony. The
federal government allows states to opt out of or
modify the restriction. Fortunately, New Jersey
opted out of the restriction on Food Stamps/SNAP
for those with drug convictions.ii Thus, people
with drug convictions, whether for possession or
distribution, are eligible for SNAP as long as
they meet the program’s other eligibility
requirements.
Can
People With Children get Cash Assistance/TANF If
They Have Drug
Convictions? Yes.
WorkFirst New Jersey provides temporary cash
assistance to eligible families through the
Temporary Assistance for Needy Families (TANF)
program. TANF provides federal money to states in
the form of block grants. Federal restrictions
deny cash assistance to anyone convicted of a
federal or state felony involving the possession,
use, or distribution of drugs. The federal
government allows states to opt out of or modify
the restriction. Fortunately, New Jersey has
opted out of the restriction on TANF benefits.
Thus, families headed by individuals who have drug
convictions for possession, use or distribution
are eligible for TANF benefits.
Can Single
People Without Children get Cash Assistance/GA If
They Have Drug
Convictions? Yes, if the
convictions were for possession or use of drugs
and they enroll in and complete a licensed
residential drug treatment program.
WorkFirst New Jersey provides temporary
cash assistance to single people and childless
couples through the General Assistance (GA)
program.v GA is funded entirely by state
dollars. New Jersey state law denies GA to
people with convictions for offenses involving
possession or use of drugs unless they enroll in
and complete a licensed residential drug treatment
program. Thus, single people without children can
reestablish their eligibility for GA if they
enroll in a licensed residential drug treatment
and undergo drug testing while in the program and
for a 60-day period after completion. A failed
drug test while in treatment or during the 60-day
period directly following will terminate
eligibility. People wishing to reestablish their
eligibility for GA in this way must supply proof
of treatment from the program. Participating in or
completing any other type of drug program,
including methadone or Intensive Outpatient (IOP),
does not reestablish eligibility for
GA.
No, if the
convictions were for drug
distribution. New Jersey State
law denies GA to single people without children if
they have been convicted of any drug distribution
offenses.
Can
People With Drug Convictions Get
Medicaid? Yes, as of
January 1, 2014. Prior to
January 1, 2014 individuals had to be eligible for
WorkFirst New Jersey/GA in order to qualify for
Medicaid. This requirement created a bar to
Medicaid for many individuals with drug
convictions because New Jersey State law
disqualified them from WorkFirst New
Jersey/GA. The federal Affordable Care Act
(ACA) will change this beginning January 1, 2014.
Under the ACA, WorkFirst New Jersey/GA will be
“delinked” from Medicaid. Since Medicaid is a
federal program with no bar for past drug
convictions, individuals with any type of past
drug conviction will be eligible for Medicaid as
long as they meet Medicaid’s other eligibility
requirements.
Submitted
by: Drug Policy
Alliance
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Fugitive Safe
Surrender Sets New Record: Nearly 5,000 Peacefully
Surrendered to Resolve Approximately 10,000
Nonviolent
Warrants Striking Turnout
Makes FSS-Jersey City the Largest Such Event Held
in New Jersey, Third-Largest in the
Nation New Jersey Acting
Attorney General John J. Hoffman announced that a
record-breaking total of 4,587 individuals
voluntarily and peacefully turned themselves in at
Fugitive Safe Surrender, to resolve an estimated
total of approximately 10,000 nonviolent
criminal and civil warrants between Wednesday,
November 6 and Saturday, November 9 at
Evangelismos Church in Jersey
City. This striking result represents
the highest turnout of all five Fugitive Safe
Surrender events held so far in New
Jersey. (The previous record was set
at New Jersey’s second FSS event, held 2009 in
Newark). With this event, a total of
nearly 18,000 individuals have turned themselves
in at New Jersey’s five Fugitive Safe Surrender
opportunities. The FSS event in
Jersey City also had the third-highest turnout of
the 26 Fugitive Safe Surrender events held
nationwide since 2005, surpassed only by those
held in the much larger cities of Cleveland (where
7,200 fugitives surrendered in 2010) and Detroit
(where 6,578 surrendered in
2008). “This Fugitive Safe Surrender
event was a tremendous, record-breaking success
that will touch thousands of lives for the better
– not just the nearly 5,000 individuals who
surrendered, but the lives of their loved ones and
fellow New Jerseyans,” Acting Attorney General
Hoffman said. “By offering favorable
consideration, not amnesty, New Jersey has helped
an astounding 18,000 individuals begin to build
new lives through Fugitive Safe Surrender.
This is exactly the sort of collaborative
partnership that helps break the cycle of unlawful
behavior and makes our communities
safer.” New Jersey State Parole Board
Chairman James T. Plousis said, “The number of
peaceful surrenders has exceeded our expectations
and resulted in the third-largest Fugitive Safe
Surrender event in the nation. Every single
individual who took advantage of this program has
made New Jersey safer. The former fugitives
can finally walk in public without the fear that
they will be stopped by law enforcement.
This in turn frees up police resources that can
better be used on other public safety
matters.” One success story from this
Fugitive Safe Surrender event is that of Dessaix
Maurissette, 25, a Jersey City resident who was
wanted on multiple warrants for which he owed more
than $2,000 due to traffic violations. Mr.
Maurissette said he had paid surcharges but
struggled to pay the total amount owed in multiple
municipalities. Mr.
Maurissette said, “I realized it’s time to plan
for my future, and to stop being held back by
expensive mistakes made when I was younger.
I plan to get married and start a family
someday. I realized I can no longer live
with the fear that I might get pulled over and
taken to jail while trying to drive my wife to
deliver a baby, or driving to pick up
diapers. Fugitive Safe Surrender gave me my
future. I was able to resolve my matters
with a single, $100 payment, clear my warrants,
and finally breathe as a free
person.” Another success story
is that of Eddie Restrepo. Mr. Restrepo, 33, of
West New York, lived in fear for years under the
weight of multiple unpaid traffic tickets. But
after he turned himself into the Fugitive Safe
Surrender Program in Jersey City Wednesday
morning, he walked away a free man with a clean
record. Mr. Restrepo expected to pay
thousands in fines but instead paid only a few
hundred to resolve his warrants. After completing
the Fugitive Safe Surrender program, he
immediately decided to help out and has been
volunteering at the program since
Wednesday. “This really saved my
life,” Mr. Restrepo said. “It was a load off my
back. I felt free.” Fugitive
Safe Surrender offered favorable consideration,
not amnesty, to U.S. citizens and legal residents
who were wanted on warrants for non-violent
criminal or municipal matters. The
final results of the Fugitive Safe Surrender
initiative held in Jersey City are as
follows:
- A total of
4,587 individuals
surrendered at Fugitive Safe Surrender between
Wednesday, November 6 and Saturday, November
9. They resolved an estimated total of
approximately 8,000
non-violent warrants.
- This is the
highest turnout of
all five Fugitive Safe Surrender events held in
New Jersey, and brings New Jersey’s FSS
total to 17,863
individuals who surrendered. (A
total of 2,245 surrendered at FSS-Camden in
2008, 4,103 at FSS-Newark in 2009, 3,901 at
FSS-Somerset/New Brunswick in 2010, and 3,027 at
FSS-Atlantic City in 2012).
- This is the
third-highest turnout
of the 26 Fugitive Safe Surrender events held
nationwide. In addition,
New Jersey’s five events rank third, fourth,
fifth, sixth, and seventh among those held
nationwide. The first and second place
still belong to Cleveland and Detroit, two of
America’s largest cities.
The economic
impact:
- A total of
approximately $40,000 in
municipal and superior court income was
collected during the four-day event.
- More will be
collected as hundreds of overflow cases are
heard this week. Still more will be
collected on a scheduled basis from those
assigned payment plans.
- In addition,
each person who
surrenders represents an estimated
savings of $500 to local
governments. This very conservative
estimate is based on the police and jail
costs involved in processing someone wanted on a
municipal traffic warrant.
- Additional economic
benefits follow when the former fugitives become
eligible to apply for driver’s license
reinstatement, and the employment and other
opportunities that come with having a
state-issued identification and privilege to
drive.
- Still greater
intangible benefits result when individuals are
free to stop hiding from the law and to become
contributing members of their families and
society.
Other
statistics:
- Of the nearly 5,000
who surrendered, only
two were taken into
custody. This is because the vast majority
of participants were wanted for non-violent
matters and had no violent criminal
history.
- An estimated
63 percent were wanted
for traffic warrants.
- An estimated
33 percent were wanted
for misdemeanor criminal warrants.
- An estimated
4 percent were wanted
for child support, family court, or probation
warrants.
- A number estimated
atless than one percent
were wanted for felony
warrants.
Fugitive
Safe Surrender was made possible by a partnership
led by the New Jersey Office of the Attorney
General, New Jersey Division of Criminal Justice,
New Jersey State Police, New Jersey State Parole
Board, New Jersey Motor Vehicle Commission, New
Jersey Department of Corrections, New Jersey
Office of Homeland Security and Preparedness, New
Jersey Department of Military and Veterans
Affairs, New Jersey Office of Information
Technology, and New Jersey
Transit.
Key partners included
Sheriff Michael Saudino, Bergen County, Sheriff
Frank Schillari, Hudson County and Sheriff Richard
H. Berdnik, Passaic County along with members of
their staff. Submitted by:
David Thomas, Executive Director, NJ State Parole
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