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After Noblesville school shooting, juvenile waiver a hot topic

Full Article

The Indiana Lawyer on 6/27/2018 by Olivia Covington

May 25 was a day that rocked a central Indiana community to its core. A 13-year-old student allegedly opened fire at Noblesville West Middle School, injuring a science teacher and a fellow 13-year-old classmate.

Both victims survived, leaving prosecutors with only one option: to try the shooter in juvenile court. Under Indiana law, 13-year-olds cannot be transferred to adult court unless they are charged with murder. That reality created a public outcry among Hoosiers, who argued the suspected student shooter, regardless of his age, should face adult consequences for his actions.

On the heels of the shooting, lawmakers pledged to review Indiana’s juvenile waiver laws to determine if Title 31 should authorize more situations where a minor could be transferred out of juvenile court. Though Dave Powell, executive director of the Indiana Prosecuting Attorneys Council, described the current statutory ages when waiver is permitted as arbitrary lines in the sand, juvenile defense experts said new research proves placing restrictions on when minors can be tried in adult court is actually better for public safety.

That notion is based on scientific evidence that shows juveniles’ brains are not fully developed, which means there is still opportunity to rehabilitate minors who commit crimes. Thus, though it may be natural to be concerned about public safety when an event like the Noblesville shooting happens, juvenile defense experts and attorneys say it’s also important to give significant weight to a child’s cognitive development.

Mays and shalls

There are three types of juvenile waivers enshrined in Title 31, said Amy Karozos, the Indiana Public Defender Council’s Juvenile Project director: direct files, presumptive waivers and discretionary waivers.

Direct files are the most common type of waiver in Indiana, Karozos said. Found in I.C. 31-30-1-4, a direct file occurs when a juvenile court is denied jurisdiction over a minor. In order for that to happen, the juvenile must be at least 16 years old and be charged with one of several felony offenses, including murder, attempted murder or kidnapping.

Absent a direct file situation, Powell said prosecutors must meet and prove the requirements of I.C. 31-30-3 before a minor is transferred. Subsections -2 through -6 list those requirements, with presumptive waivers using “shall waive” language and discretionary waivers using “may waive” language.

The first discretionary waiver found in Indiana Code is I.C. 31-30-3-2, which allows a juvenile court to waive jurisdiction if a minor is at least 14 years old and is charged with a felony that is either heinous or aggravated or is part of a “repetitive pattern of delinquent acts.” Or, if the minor is at least 16 years old, subsection -3 allows the juvenile court to waive jurisdiction for any felony offense, regardless of whether it is “heinous.”

Waiver of a 16-year-old becomes presumptive if an investigation proves the minor committed acts that would be certain Level 1 through 4 felonies or involuntary manslaughter or reckless homicide as Level 5 felonies if committed by adults. Juvenile courts must also waive their jurisdiction if the minor is charged with a felony and has previously been convicted of a felony or non-traffic misdemeanor.

The youngest waiver allowed by Indiana Code can occur for juveniles as young as 12. Under I.C. 31-30-3-4, juvenile courts must waive their jurisdiction over 12-year-olds who are charged with murder, as long as there is probable cause to believe the 12-year-old committed the act. While a couple of states have set the murder waiver age at 10 years old, Karozos said most states set the age above 12. Even so, Powell said Indiana’s waiver laws have their limits.

“There are situations where, based on the age, no matter what the offense is, it stays in juvenile court,” he said. “So if it’s an 11-year-old who shoots a bunch of people and kills them, those cases have to stay in juvenile court. There is no legal authority in those cases to transfer them to adult court.”

A caveat

Even among the presumptive waivers required by Indiana Code is an out that juvenile courts can use to retain jurisdiction: a finding that waiver would not be in the best interests of the child and of the safety and welfare of the community. The only exception is in subsection -6, which addresses juveniles who have already been convicted of felonies or non-traffic misdemeanors. Similarly, discretionary waivers require a finding that it is in the best interests of the safety and welfare of the community that the child stand trial as an adult and, under subsection -2, that the child is beyond the rehabilitation offered by the juvenile system.

Indianapolis criminal defense attorney Kevin Potts of Potts Law LLC said a juvenile’s rehabilitation and public safety are the most important factors courts must consider when deciding whether to waive jurisdiction. The juvenile justice system is premised on the notion that juvenile brains are still developing, Potts said, so juvenile laws are written to be rehabilitative, rather than punitive.

“You can do something stupid as a juvenile and be a completely different person as an adult,” Potts said.

It’s also important to remember that each juvenile case is fact-specific, he said, so it’s difficult to make generalizations about how minors should be charged and tried. He pointed to the Noblesville shooting as an example, noting that if the suspected shooter had been 17 instead of 13, the conversation surrounding his charges would be very different. That’s because, as a 17-year-old, the shooter’s brain would be much closer to its adult form than it is now at 13, he said.

From a public safety perspective, Tim Curry, legal director at the National Juvenile Defender Center in Washington, D.C., challenged the belief that trying minors in adult court will deter them from a life of crime. Noting that juvenile offenders will one day return to their communities, Curry pointed to data showing transfer to adult court actually increases juvenile recidivism. Karozos cited similar data from the Campaign for Youth Justice that found higher recidivism rates among youths transferred to adult court than among those in juvenile court.

Those numbers don’t surprise Curry, considering the differences between the juvenile justice system, which is built around rehabilitation, and the adult system, which is built around punishment.

“Adult judges, prosecutors and defense attorneys don’t know about the kinds of services or don’t have access to the kinds of services available in juvenile court,” he said.

The forest and the trees

Though no new proposed statutory language changing Indiana’s juvenile charging laws has been released, Potts speculated that if the legislature does choose to amend Title 31, it might do so by making waiver an option if an act is considered heinous enough, regardless of the offender’s age. That type of change would represent a shift to weighing the elements of the crime more heavily than a child’s potential rehabilitation or the best interests of the community, he said.

Though Potts said he could not predict whether such a change would make Indiana’s system better or worse, Indiana University Maurer School of Law professor Jody Madeira said from her perspective, the law should move in the other direction. She advocates for setting the presumptive waiver for murder at 14 or 15 years old, and said the cognitive differences between adults and juveniles also indicates juveniles should be older when facing attempted murder charges.

To Madeira, a juvenile attempted murder scenario underscores why juvenile cognitive development should be given weight. Premeditation is an element of attempted murder, but in a juvenile situation, she said proving premeditation could be complicated. That’s because a student could write a threatening note against their school without ever intending to cause harm. But if an adult were to write a similar threat against their workplace, Madeira said the intention behind that threat could be evaluated differently.

“I think there’s just an immaturity of the brain,” Madeira said. “A juvenile may write that note without thinking about the consequences. Attempted murder is the planning of a murder and acts taken toward it – what’s the planning? When you’re an adult or an older child, you have more awareness of the consequences.”

Noting that juvenile charging issues are ‘as complicated as we are diverse as individuals,” Powell said the question becomes whether to give criminal justice players discretion when making charging decisions, or to limit that discretion. While Curry said it’s normal for events such as the Noblesville shooting to stir calls for tougher juvenile laws, he also cautioned against knee-jerk reactions that can lead to bad policy.

“It’s the idea that one bad act doesn’t make the system broken, and no child is irredeemable,” Curry said. “The whole idea of childhood is that when kids do horrific things, you’re giving them the opportunity to be better citizens.”•

Dealing with Out-of-State Offenders

Full Article

Indiana Court Times on 6/21/2018 by Jane Seigel | Interim Chief Administrative Officer, Office of Judicial Administration and Jenny Bauer | Staff Attorney, Indiana Office of Court Services

Adult and Juvenile Interstate Compacts

How many times has an out-of-state offender appeared in your courtroom for sentencing?

Do you know what to do if the out-of-state offender is to be sentenced for a felony? Consider the following example: an offender from Illinois appears in your Court for sentencing on a felony Operating a Vehicle While Intoxicated charge and the sentence includes a six-month probation term.

The offender reports that he is employed in Chicago and must return home tonight. The offender also states that he has contacted the probation department in his home county, and they have agreed to supervise his probation. His attorney assures you that he will provide the local probation department with updates regarding his progress. Can you let the offender leave based on these promises?

First, you must recognize that out-of-state offenders are subject to the interstate compact. If you are thinking to yourself “what’s the interstate compact,” you may not be alone.

The interstate compact, formally known as the Interstate Compact for Adult Offender Supervision, was first enacted in 1937 and revised in 2002. Indiana was the 43rd state to join the “new” Interstate Compact when the Indiana General Assembly added IC 11-13-4.5 in 2003.

The Interstate Compact for Juveniles was revised in 2008, and Indiana joined in 2011. The purpose of adult and juvenile interstate compacts is to guide the transfer of offender supervision in a manner that promotes public safety, offender accountability, and victims’ rights.

These compacts are the sole statutory authority for transferring the supervision of adult offenders and juveniles across state lines. The interstate compacts ensure that offenders will continue to be supervised on probation, parole, or community corrections once they move from the sentencing state.

Second, out-of-state offenders generally can’t just pick-up and leave Indiana once they are sentenced to community supervision. “Eligible” offenders are required to transfer their supervision to another state. In most cases, this process is completed by your probation department. The compact does provide for a quick return for residents of another state, which will be discussed below.

Eligible offenders

So who is an “eligible” offender for transfer? All felony offenders placed under court supervision are eligible and subject to the compact rules. On the other hand, only specified misdemeanor offenses (as long as there is one year or more of supervision) are eligible if the offense includes one or more of the following: a person incurred direct or threatened physical/psychological harm; the possession/use of a firearm; a second or subsequent offense for driving while impaired by drugs or alcohol; or a sexual offense that requires registration.

In addition to these offense-specific requirements, the offender must have three months or more of supervision remaining, have a valid plan of supervision, and be in substantial compliance with the terms of supervision.

If an offender is a resident of the state where they want to transfer (the receiving state) or has resident family in that state, the transfer is generally considered mandatory. And, as mentioned in the example, if an offender lives in the receiving state at the time of sentencing, the offender can return home with a travel permit after sentencing and meeting with the local probation department.

The rules provide an exception for resident sex offenders, allowing 5 days to review the proposed residence and travel upon approved reporting instructions.

If the offender is not a returning resident, generally he/she cannot leave Indiana until the receiving state has an opportunity to investigate and accept the transfer—up to 45 days by rule.

With regard to the interstate compacts, it is important to remember that Indiana is both a sending state and a receiving state. The compacts have been designed so that receiving states supervise out-of-state offenders as they do their “home” offenders. This means that the supervision techniques employed in your county apply equally to compact offenders.

As with any offender on supervision, there is a potential for violations—this is no different with a compact offender.  Communicating offender progress to the sending state is a vital aspect of the compact.  As the sending state, we must respond to violations that require retaking by issuing a nation-wide warrant for the offender.  As the receiving state, we may be required to conduct a probable cause hearing before a neutral and detached hearing officer here under IC 11-13-5.

Security electronic tag on a tagged criminalRunaways

Unique to the juvenile compact is the issue of “runaways.” When an out-of-state youth is detained in your county, there is a specific process that must be followed to allow that youth to return to the demanding state. There must be an opportunity to confer with the home state to see if there are any outstanding cases, holds, or warrants.

It is also critical to check on the legal guardianship status for each youth so that no child is returned to an unsafe situation. Once again, there are required forms that must be filled out and transmitted to ensure the safety and well-being of the child, family, and community.

The key to making the interstate compacts successful in Indiana is for courts and community supervision agencies to know the rules and follow them. No one has authority to circumvent compact transfer rules—if the offender meets the eligibility requirements, the case must be transferred to the other state for supervision (non-reporting probation is required to transfer).

The Interstate Commissions monitor compliance with the rules governing the interstate movement of offenders and initiate interventions to address and correct noncompliance. Failure to comply with the rules of the compacts could result in default of Indiana’s contractual obligations under the compacts and lead to remedial or punitive action against the state and your county. Remember: The interstate compacts exist to ensure public safety.

Read more online and contact the authors if you have questions or would like to learn more about your responsibilities under the adult and juvenile compacts: jane.seigel@courts.IN.gov or jennifer.bauer@courts.IN.gov.

Indiana Office of Court Services staff support for Interstate Compacts are: Nita Wright, Deputy Compact Administrator-juveniles at nita.wright@courts.in.gov; and, Turran Blazier, Deputy Compact Administrator-adults at turran.blazier@courts.in.gov.

New Indiana laws ban eyeball tattoos, protect renting rights

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13 WTHR on 6/30/2018 by Brian Slodysko

INDIANAPOLIS (AP) — Indiana lawmakers entered this year’s session with limited ambitions when compared to years past.

They still passed dozens of new laws. And while many of the most attention grabbing ideas — like legal Sunday retail alcohol sales — were already made the law of the land, more are set to take effect on Sunday.

Here’s a look at some of them:

DRUG DEALING THAT RESULTS IN DEATH

Starting July 1, anyone who “knowingly or intentionally manufactures or delivers a controlled substance” that results in the death of another can be charged with a felony that could send them to prison for decades. The measure was part of Gov. Eric Holcomb’s agenda this year. While Holcomb has sought to take a compassionate approach toward the opioid crisis, calling addiction a disease and expanding access to drug treatment, the Republican has also maintained that the state needs to get tough on drug dealers.

EYEBALL TATOOING

Sen. John Ruckelshaus has said that he is not aware of any harmful incidents in Indiana that have arisen from the obscure practice of eyeball tattooing. But that didn’t stop the Indianapolis Republican from taking action to curtail a practice he views as a potential public health scourge.

His measure, which was signed into law by Holcomb, was proposed following a flurry of news reports last fall about a Canadian model who had major complications from getting her eyes tattooed purple.

Tattooists will be prohibited under the law from coloring the whites of an individual’s eyes.

An exception would be made for procedures done by licensed health care professionals. But that sets a threshold so high — further complicated by professional ethics guidelines, which obligate medical providers to do no harm — that the law amounts to an effective ban of the procedure.

The law imposes a fine of up to $10,000 per violation.

SEX ED

A new sex education law will allow parents to review curriculum and “opt out” their children from such classes.

The law will also require public schools to make two attempts to notify parents in advance of planned sex education classes.

The bill’s sponsor, Sen. Dennis Kruse, initially wanted to make it mandatory for parents across the state to “opt in” their children for sex education. But the Auburn Republican, who chairs the Senate education committee, backed down after other GOP legislators objected and agreed to switch it to an “opt out” provision.

Many Democrats opposed the bill, arguing that it’s important for students to learn more about sex education, including sexual identity.

SHORT TERM RENTAL

Rep. Matt Lehman succeeded this year in passing a property rights bill that curtails local governments’ ability to restrict those who rent out their homes on short term rental websites like Airbnb.

But already officials in Carmel, one of Indiana’s wealthiest cities, have thumbed their noses at the law, saying it doesn’t apply to them. That sets the stage for a possible court fight.

Lehman, who’s from the northeastern Indiana city of Berne, is one of the most powerful Republicans in the House. He tried to pass a similar measure last year, but members of his own caucus revolted.

The law passed this year allows people to rent out their primary homes. But municipalities are allowed to pass restrictions on secondary homes, such as requiring a permit to rent, or adopting noise and nuisance ordinances. Homeowners associations are also allowed to restrict short-term rentals. Municipalities that had short-term rental ordinances on the books before Jan 1, 2018, are exempted from the law.

OFFICIAL STATE INSECT

As of Sunday, the Say’s Firefly becomes Indiana’s official state insect.

Students at Cumberland Elementary School in West Lafayette championed the effort for years, but had been unsuccessful until Holcomb made it part of his agenda for the year.

He praised the young students for their perseverance and civic engagement at a bill signing in March.

The insect was named by Indiana native and entomologist Thomas Say in 1826.

Proposed POPAI Bylaws Revisions

on 07/13/2018 by Troy Hatfield

Greetings POPAI Membership:

According to the POPAI Bylaws, Article XIV AMENDMENTS

These bylaws may be altered, amended or repealed by the membership if a quorum is present at any regular or special meeting. Written notice of any proposed alteration to the bylaws shall be submitted to the President of the Executive Board at least sixty (60) days prior to the annual business meeting after approval by a majority vote of the Executive Board. Written notice of that proposed change shall be submitted to the membership thirty (30) days prior to the annual business meeting for action at the annual meeting.

The POPAI Executive Board approved proposed changes on June 13, 2018 and submitted the changes to the POPAI President.  The President of the Executive Board is now submitting the proposed bylaw changes to the Association membership.  The membership will be asked to vote on these bylaw revisions at the POPAI annual meeting September 6, 2018 in French Lick, Indiana.

Due to the volume of the proposed changes, the Executive Board approved a written summary of the major changes be distributed to the membership.  The summary does not include all of the changes.  The Board recommends that each member read all the proposed changes to the bylaws which can be found on the Association’s website prior to voting.

POPAI members may submit feedback regarding these proposed bylaw changes to their District Reps or any member of the POPAI Board.

Link to draft POPAI Bylaws Revisions and Summary:

Pretrial, Probation, and Parole Supervision Week (PPPS Week) July 15 – 21

Full Article

APPA

The American Probation and Parole Association (APPA) recognizes the nearly 100,000-strong members of the community corrections/supervision workforce for your dedication to and influence on the justice system. Each year during Pretrial, Probation, and Parole Supervision Week (PPPS Week), we make an extra effort to acknowledge your compassion, strength, and determination. You make a difference, even though over the past two decades, caseloads have grown exponentially, exceeding five million people at their peak; and resources are still minimal.

There does appear to be a great deal of attention and focus on our industry, and there is a move afoot to shift the way others – policymakers and the public alike – think about the best ways to enhance public safety and improve justice system outcomes.

Public safety is important to everyone! As an industry, we must be more visible so people will recognize the significant role pretrial, probation, and parole practitioners play to enhance the safety of our communities. APPA is working to ensure all our external stakeholders are aware of the valuable contribution our industry makes in this area. We hope you are also ensuring the voice of our industry is heard!

For far too long, community corrections/supervision professionals have been relatively quiet, fearing we would do more harm than good to our work if we spoke about our occupation externally. We now know it is our responsibility to speak up about what is needed or required to make progress that will make a difference for every American.

As noted in APPA’s Call for Workshops for the 43rd Annual Training Institute which will be held in Philadelphia, July 29 – August 1, the 2018 PPPS Week theme, “Restoring Trust and Creating Hope” speaks to how communities are experiencing emotionally turbulent times where trust and hope have been replaced with fear and polarization. It implores justice system professionals to engage with their local communities around challenging issues such as victimization, racial and ethnic disparities, and gender inequalities. During PPPS Week, you are urged to celebrate the amazing work you are doing to support efforts to make our neighborhoods whole. After the celebrations, I implore you to continue developing and strengthening community collaborative strategies and programs that offer solutions to societal issues. We want you to speak up and speak out about our successes.

You are urged to reflect on your daily charge to play a major role in the reintegration of individuals released back into society. Think outside the box about ways to use all available resources to help individuals under supervision as well as the community. There is so much more we can do to change lives and make a difference. Find a platform to let everybody know of your work. For example, at APPA, we believe individuals should be able to vote after the completion of their sentences. APPA recently filed an amicus brief and joined with other organizations in their fight to secure the right to vote in Louisiana for individuals on probation and parole. We believe that providing human beings the right to vote gives them an important stake in their communities, treats them as full-fledged members of our society, and allows them to teach their children the importance of voting. Disenfranchising any citizen does not serve any legitimate government interests.

What can you do to restore trust and create hope to make our communities healthier? Remember, every success, at some level, equates to a reduction in recidivism which enhances public safety. Get in there, do the work and accept the credit for your contribution to restoring trust and creating hope.

During PPPS Week, we would love to hear about both your celebrations and your work to reinforce effective frameworks/models for changing lives and community building. You know what is at stake, let’s all ensure others do as well.

It is an honor to watch the progress that is being made across jurisdictions and to acknowledge your commitment in the name of public safety! Thank you for the time, energy, earnestness, perseverance and competencies you bring to a crucial undertaking.

On behalf of the staff of APPA and its Board of Directors, thank you. APPA is here today and tomorrow. Let us be a resource to you as you stand up to promote community corrections/supervision done the right way – working to significantly reduce the footprint of probation and parole and improve outcomes and public safety. Be a force for positive change!

Starke Co. community corrections merges with probation dpt.

Full Article

ABC 57 on 7/11/2018 by Jess Arnold

KNOX, Ind. — After receiving board approval at the end of June, Starke County Community Corrections is merging with the probation department. The director of the new Court Services department says the move should reduce caseloads while saving the county big bucks.

The director says putting only one person in charge (instead of one leader for Community Corrections and one for Probation) gives the county general fund an extra $45,000 and leaves $30,000 from the Indiana Department of Corrections grant to devote to other services.

The most important impact, they say though, is on the people.

Now, files and stacks of names sit on the desks of case managers and probation officers.

They’re all people whose lives they have to help get on track.

“That’s a pretty big chunk of change we deal with right now,” said Supervising Officer of the Probation Department, Chuck Phillips.

Starke’s four probation officers are currently covering about 400 cases.

The sole Community Corrections supervisor is managing around 40.

The department just hired another case manager to help out.

“When case load numbers get that high, it becomes an issue of being reactive to a violation as opposed to proactive and having a conversation, a development of a case plan, and trying to impact and effect change in your offenders,” said Director of Court Services, Shawn Mattraw.

Now that probation and community corrections are becoming one Court Services department, the hope is to gradually shift over some of the load.

To facilitate the shift, the current corrections case managers will test to become licensed probation officers in Indiana.

“It’ll help me see my participants all the way through their entire sentence…When you put all that work into them, and then you have to say bye and send them over to probation, so it will be much much nicer for me and for them to stick with that person that they already built rapport with, so I’m really excited about that,” said Kolleen Woods, the Supervisor of the Community Corrections division.

“You know the whole thought process on the merger was to increase public safety and to increase accountability…Anytime you can increase the safety of your community, you can’t never go wrong there,” said Chuck.

The director says they hope to use some of the IDOC money to provide in-house counseling and other services instead of outsourcing to other agencies.

One county commissioner said they don’t have a specific use for the money yet, but the county definitely has needs to be fulfilled.

With the merge, Starke County becomes the 18th county in Indiana to combine the two departments.

Residents glad to have new Community Justice Center as neighbor

Full Article

WTHR13 on 7/12/2018 by Mary Milz

INDIANAPOLIS (WTHR) – City and neighborhood leaders took part in the ceremonial groundbreaking for Marion County’s new Community Justice Campus Thursday morning.

The $571 million project is going to be built on at the site of the former Citizens Energy coke plant on the southeast side of Indianapolis. The campus will house a 3,000-bed jail, a new courthouse, the sheriff’s office and an Assessment and Intervention Center.

Brenda McAtee, president of the Twin Aire Neighborhood Coalition, was among those who spoke at the groundbreaking. McAtee, who has been a neighborhood advocate for years, said she was “proud to be part of the festivities and eager to see the investment” in the area.

Eyewitness News later joined McAtee and two other longtime residents at McAtee’s home just a few blocks from the construction site.

They all stressed the project wasn’t a shoe-in, that the neighborhood approved it by a single vote.

“When you put ‘criminal’ on it, everyone says, ‘Oh no! A jail! But it’s not just a jail’,” McAtee said.

Flinore Frazier, 89, who was born and raised in the neighborhood, was among those who initially opposed the justice center.

“I’m not sure sure what changed my mind but comparing the negative to the positive, the positive won out,” Frazier said.

A large part of that? The assessment and intervention center aimed at helping those with mental illness and addictions, issues that have challenged the Twin Aire neighborhood and so many others.

“So many people don’t belong in jail. They need a chance… see what’s wrong with them. Maybe we don’t know everything they’re going through,” McAtee said.

“You see the need and we need the supply,” Frazier said of places to assess and treat people with mental health issues and/or addictions.

The women are also glad to see the 140-acre plot, fenced off for more than a decade, put back in use.

“As the Community Justice Campus develops, businesses around it will develop and that means lots of jobs,” said Ann Holy.

“I think it’s good for the community and the whole southeast side. It’s going to be a beautiful thing for everybody. It’s a win win,” McAtee said.

The center is expected to open in 2021, but the transition, getting people moved in, could continue into 2022.

Afraid of needles? These start-ups are working on alternatives

Full Article

USA Today on 07/08/2018 by Mike Feibus, Special for USA Today

As many as one in four Americans are afraid of needles. That’s led a handful of start-ups to develop alternatives to hypodermic syringes.

This would be good news for health care: While needles provide an effective tool for vaccinations and treatments that the stomach’s digestive juices would neutralize if taken orally, needle phobia keeps many from getting the care they need.

From a purely clinical perspective, at least 10 percent of us exhibit a physiological response to syringes, like fainting. But surveys indicate that the number of needle-averse among us is closer to one in four. In 2001, a Gallup survey pegged the fear of “needles and getting shots” at 21 percent, making it the sixth most prevalent fear in the country, just behind “spiders and insects.” A survey by Harris Interactive for Target in 2012, for example, revealed that 23 percent polled forego a flu shot because they’re afraid of needles.

Failed startup Theranos targeted needle phobia to attract hundreds of millions of dollars in investment for needle-free blood-drawing technology. The company’s spectacular rise and fall hasn’t dampened prospects for the drug delivery market, which is forecast to top $14 billion by 2024, according to Grand View Research. Getting the quarter of Americans who avoid treatment because of needles could have an alternative benefit: making a dent in the country’s $3.3 trillion healthcare bill as well.

Family offers $50,000 Reward in Indiana Man’s Murder

Full Article

WKRC Cincinnati on 7/3/18 by Angennette Levy

HIDDEN VALLEY, Ind. (WKRC) – Evidence in the murder of Tom Biedenharn suggests more than one person was involved in his death, Indiana State Police said Tuesday. The revelation comes as Biedenharn’s family renewed its plea for information in the case by putting up a $50,000 reward.

Biedenharn was found murdered in his home in Hidden Valley, Indiana on May 28 which was Memorial Day afternoon. Biedenharn, 73, spent his retirement helping people. He volunteered for several years at the Grateful Life Center in Erlanger, Kentucky. The center is a rehabilitation facility for drug addicts. He and Doug Boschert taught life skills classes in finance and communications to recovering addicts.

Suicide rates increase in Indiana, nationwide

Full Article

News and Tribune on 6/15/2018 by Brooke McAfee

Three Opportunities to Nominate Your Coworkers for an Award

Nominations are being accepted until August 6, 2018 for three awards presented during our Fall Conference in French Lick.

The Founder’s Award is a way of recognizing individuals who have significantly contributed to the field of probation in general, and specifically to the POPAI organization. The recipient need not be a Probation Officer or POPAI member. The selected person, however, shall be characterized by his/her commitment of influence and promotion of professionalism to Indiana probation.

The “Rookie” Probation Officer of the Year Award was established to recognize probation officers who, while at the beginning of their career, show the attitude, aptitude, and the desire to improve themselves and to develop into leaders among their peers.

The Line Probation Officer of the Year Award was established to recognize line probation officers who have performed their duties in an outstanding manner and/or made significant contributions to the field of probation at the local, regional or national level. The recipient may also have brought credit or honor to the profession of probation through participation or involvement in community activities or programs.

Nominees for Line Officer and Rookie Probation Officer shall be current POPAI members.

The recipients of the Rookie of the Year and Line Probation Officer of the Year will win:

  • 2019 Fall Conference Registration Fees
  • Their next year’s POPAI Membership

Nomination forms and supporting documentation must be received by August 6, 2018. Please send nomination forms and support letters via U.S. mail, fax or email to:

Bob Schuster
LaPorte County Adult Probation
809 State Street, Suite 101
LaPorte, IN 46350
bschuster@laportecounty.org

Links to Forms:

Any questions, contact Bob at 219-326-6808 Ext. 2511 or your POPAI District Representative

Correctional Trainers’ Conference: Hosted by IACTP and the Tennessee Department of Corrections

Full Article

International Association of Correctional Training Personnel

The International Association of Correctional Training Personnel (IACTP) is a criminal justice association that includes members of the training professions from national, state and local corrections agencies, community corrections, juvenile justice, higher education, academies and commissions, and private corrections. We expect attendance to be from 75-150 participants, with approximately 15-30 participants per workshop. The smaller size of this conference affords exhibitors more personal contact with the conference attendees, all focused on criminal justice training.

The Annual Trainers’ Conference is a unique forum that brings together correctional leaders, training managers, trainers, field instructors, consultants and others interested in both effective corrections practice and exemplary training strategies. It provides attendees with the opportunity to network and share innovative approaches being used within correctional agencies throughout the country. We hope you will have a participatory role in shaping the agenda and future direction of our corrections system.

Full info here. includes a link to register, call for Workshop proposals, and hotel information.

POPAI Fall Conference Registration Open, Take Advantage of Early Bird Pricing

The conference will be returning this year to French Lick Springs Resort on September 5, 6, and 7, 2018

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The 2018 POPAI Fall Conference will be returning to the French Lick Resort in French Lick, Indiana, The fantastic hotel and conference facility provides the perfect setting for probation professionals to improve themselves in a variety of ways, from the task specific, to the physical being, to the emotional self. This conference is for anyone in the field of probation and probation services. The goal of the conference is to provide another opportunity to assist you in obtaining the required 12 hours of annual continuing education required for Probation Officers in the State of Indiana. Attendance at all sessions will provide 9 hours of continuing education credit.

Attendees will be given the opportunity to gain probation specific knowledge on techniques, services and technology of the future being utilized in Indiana today. Opportunities will also be available for attendees to retreat, share ideas, participate in some outdoor activities and to enjoy an excellent training and networking environment.

Early Bird (on or before August 10th)

  • $200.00 for POPAI Members
  • $225.00 for non-members (includes 2018 membership Dues if eligible)

After August 10th

  • $225.00 for POPAI Members
  • $250.00 for non-members (includes 2018 membership Dues if eligible)

Keynote Presentation: Enjoying Excellence

Dr. Earl Suttle is the Founder and Chairman of Leadership Success International, LLC, an international training and consulting company based in Atlanta, Georgia. Dr. Suttle began his career as an elementary school teacher and guidance counselor and later earned his doctorate in Addiction Studies. He spent many years working in the healthcare profession, including positions in several addiction treatment programs prior to starting his own consulting business. Dr. Suttle is a dynamic and entertaining keynote speaker and best-selling author. His presentations will re-energize you and help you to focus on being your best self.

Breakout Sessions:

  • Manage Your Stress for Better Success
  • Moral Reconation Therapy (MRT) Overview
  • INSPECT – Indiana Prescription Monitoring Program
  • FATS Training
  • MAT in Recovery Housing
  • Learning Teams
  • Adolescent Brain Development
  • Grant Writing 101
  • 1006 Grants Update Information
  • New Probation Officer Standards
  • Addiction Treatment in Indiana
  • Chiefs’ Roundtable
    ….and much more!

A group of Corporate Members will again be sponsoring a special dinner and dancing on Wednesday evening. Thursday free time activities will include an Escape Room!

We look forward to seeing you!

The Legacy of Jane Seigel

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Indiana Court Times on 06/21/2018 by Justin P. Forkner

“Legacy. What is a legacy? It’s planting seeds in a garden you never get to see.”
—Hamilton: An American Musical, by Lin-Manuel Miranda

Jane Seigel officially retired on April 30, after 19 years of service to the Indiana Supreme Court. To Lin-Manuel Miranda’s point, the garden of reforms, outcomes, and initiatives Jane has planted will doubtless bear fruit and benefit Hoosier courts and citizens for generations to come. And we, as beneficiaries of that garden, must commit ourselves as caretakers to its maintenance and continued growth. But with no disrespect intended to Mr. Miranda, I can also say with absolute confidence that Jane’s legacy is already in full bloom across our state.

Transitional housing a possibility

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Journal Review on 6/26/2018 by Jim Johnson

There’s a significant need for transitional housing in Montgomery County for certain individuals in the criminal justice system. Montgomery Superior Court I Judge Heather Barajas and Chief Probation Officer Andria Geigle addressed county commissioners at the start of Monday’s meeting about the possibility of making such housing available here.

“One of the biggest problems we face, particularly in drug court, is that we have people who qualify for drug court who don’t have a place to live,” Barajas said. “And they can’t go home because either the people who are at home are still using or it’s just chaos. Part of what we’re doing in drug court is we’re trying to get them into a safer situation and we cannot allow them to go home.”

This month the West Central Regional Community Corrections Advisory Board gave WCRCC Director Dani Snider approval to explore transitional housing in the five counties (Parke, Montgomery, Fountain, Warren and Vermillion) that WCRCC serves.

Now, Barajas and Geigle are trying to get the ball rolling in Montgomery County, beginning with making sure the county’s commissioners are on board with the idea.

“It sounds like a good idea,” commission president Jim Fulwider said.

Barajas and Geigle made several things clear. First, they pointed it out the housing would not act as a homeless shelter and would be specifically for qualified individuals transitioning to healthy and sober environments.

“Sometimes they qualify for work release, but right now, for example, our work release program is completely full,” Barajas said. “We try to transition them through work release into drug court if possible, but that’s not always an option. Sometimes their criminal record is so hideous that they don’t qualify for work release. And so they don’t really have a place to go.”

Funding to purchase housing where individuals would be placed on a short-term basis could come from WCRCC. For ongoing costs, such as taxes, insurance and upkeep, Barajas said they would look at fee program for those staying there to cover those expenses.

The project is only in the beginning stages. Geigle said the next step would be looking into other legalities, such as insurance and the cost of purchasing property.

In other business, commissioners:

  •  Introduced an ordinance establishing a fund for a $190,924 grant awarded to the probation department from the Indiana Department of Corrections for the 2019 fiscal year.
  •  Introduced an ordinance amending the county’s employee handbook policy to clarify holiday pay, paid time off and sick leave is only available for full-time employees and not for part-time, temporary or seasonal employees.
  •  Introduced an ordinance to update the county’s FMLA policy in accordance to requirements by the Department of Labor.