Corrections_Today_July_August_2023_Vol.85_No.4

CONSULAR NOTIFICATION p. 16

Corrections July-August 2023

Today

NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK p. 10

NEWS&VIEWS AND MORE AND MORE

ACA 2024 WINTER CONFERENCE CONFERENCE Call for Proposals We are seeking proposals for our one-day Special Event Symposium and for daily workshops.

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Jan. 4–7, 2023

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ACA is committed to delivering top-quality workshop sessions for Health Care/Treatment, Juveniles, Staff Training, Security, Jails Management/Services, Reentry, Special Populations, Leadership, Public Health, Staff Wellness, Sustainable/Green and Facility Design at this conference.

workforce development spectrum. A practitioner must-attend event.

Click here: Submit a proposal for the Symposium

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The deadline for proposals is Sept. 15, 2023

Please visit the ACA website at www.aca.org or contact us at education@aca.org to submit your proposal.

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American Correctional Association Corrections Today July/August 2023 Vol. 85, No. 4

Features 16

Consular notification and access What you need to know for Foreign Nationals in your prison By Wally Doerge

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10 2023 National Correctional Officers and Employees Week By Kirk Raymond

Guiding principles and restorative practices for crime victims and survivors By Sandra Pavelka and Anne Seymour

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Gender differences in confinement: PREA preparedness By Randy Shively and Ramona Swayne

Are we training our staff to fail?

Revisioning staff training By John A. Shuford, MBA, Ed.S.

Cover photos courtesy ACA/Kirk Raymond

2 — July/August 2023 Corrections Today

CHAPTERS AND AFFILIATES

Alabama Council on Crime and Delinquency—Albany Criminal Justice Association—Alston Wilkes Society—American Catholic Correctional Ministries—American Correctional Health Services Association—American Institute of Architects—American Jail Association—American Probation and Parole Association—Appalachian State University Student Chapter—Arizona Probation, Parole and Corrections Association—Arizona State University ACA Student Chapter—Association for Correctional Research and Information Management—Association of Correctional Food Service Affiliates— Association of Paroling Authorities International—Association of State Correctional Administrators—Association of Programs for Female Offenders—Association of Women Executives in Corrections—Bellmont High School Student Chapter—Brown Mackie College ACA Student Chapter—California Probation, Parole and Correctional Association— Caribbean Correctional Association—Champlain Valley Educational Services—Clayton State University Justice Society—Colorado Criminal Justice Association—Columbia-Greene Community College—Criminal Justice Club Student Chapter—Concordia University Sociology of Law & Justice Club—Connecticut Criminal Justice Association—Correctional Accreditation Managers Association—Correctional Association of Massachusetts—Correctional Education Association—Correctional Healthcare Providers of the United States—Council of Juvenile Correctional Administrators—District of Columbia Criminal Justice Association—Eastern Kentucky University Corrections and Juvenile Justice Student Association—Family and Corrections Network—Florida Council on Crime and Delinquency—Harrison College Criminal Justice Association Student Chapter—Hawaii Criminal Justice Association—Historical Association for Corrections—Illinois Correctional Association—Indiana Criminal Justice Association—Integrated Correctional Association of the Philippines (ICAP) Inc.—International Association for Correctional and Forensic Psychology—International Association of Correctional Training Personnel—International Correctional Arts Network—International Corrections and Prisons Association—International Community Corrections Association—Iowa Corrections Association—Jamaica Federation of Corrections—ITT Technical Institute ACA Student Chapter—Ivy Tech Community College Terre Haute Branch ACA Student Chapter—Juvenile Justice Trainers Association—Kansas Correctional Association—Kentucky Council on

Crime and Delinquency Inc.—Louisiana Correctional Association—Martin University Student Chapter—Maryland Criminal Justice Association— Michigan Corrections Association—Middle Atlantic States Correctional Association—Minnesota Corrections Association—Missouri Corrections Association—Missouri Western University Student Chapter—Moraine Park Technical College Corrections Club—National Association of Blacks in Criminal Justice—National Association of Correctional Record Administrators and Supervisors—National Association of Juvenile Correctional Agencies— National Association of Probation Executives—National Association of Adult and Juvenile State Corrections Mental Health Directors—National Correctional Industries Association Inc.—National Council on Crime and Delinquency—National Council of Juvenile Correctional Administrators— National Juvenile Detention Association—National Major Gang Task Force—National Organization of Hispanics in Criminal Justice—National Partnership for Juvenile Services—Nebraska Correctional Association— Nevada Corrections Association—New Jersey Chapter Association—New Mexico Criminal Justice Association—New York Corrections and Youth Services Association—North American Association of Wardens and Superintendents—North Carolina Correctional Association—Northern Illinois University Academic Justice Association—Ohio Correctional and Court Services Association—Oklahoma Correctional Association— Oregon Criminal Justice Association—Parole and Probation Compact Administrators Association—Pennsylvania Association of Probation, Parole and Corrections—Pierce College Criminal Justice Club—Prison Fellowship—Puerto Rico Department of Corrections and Rehabilitation Association—Richmond Community College Student Chapter—St. Augustine’s College ACA Student Chapter—Salvation Army—South Carolina Correctional Association—Southern States Correctional Association—State University of New York–Albany—Tennessee Corrections Association— Texas Corrections Association—University of Central Missouri Student Chapter—University of Illinois/Chicago Criminal Justice Society—Utah Correctional Association—Virginia Correctional Association—Volunteers of America Inc.—Washburn University ACA Student Chapter—Washington Correctional Association—Western Illinois University Corrections Club— Western Correctional Association—Westwood College Angels—Wisconsin Correctional Association—WITC New Richmond Criminal Justice Club— Wyoming Correctional Association

OFFICERS PRESIDENT

Denise M. Robinson, Ohio IMMEDIATE PAST PRESIDENT Tony C. Parker, Tennessee VICE PRESIDENT Tyrone Oliver, Georgia PRESIDENT-ELECT Ricky D. Dixon, Florida TREASURER Harbans S. Deol, Ph.D., Nebraska BOARD OF GOVERNORS REPRESENTATIVES Burl Cain, Mississippi Garry M. McFadden, North Carolina SECRETARY James A. Gondles Jr., CAE, Virginia EDITORIAL STAFF EDITOR-IN-CHIEF James A. Gondles Jr., CAE MANAGING EDITOR Kirk Raymond GRAPHICS AND PRODUCTION STAFF GRAPHIC DESIGNER Carla DeCarlo COMMUNICATIONS SPECIALIST Sarah Castillo ADVERTISING AND MARKETING STAFF DIRECTOR, CONVENTIONS, ADVERTISING AND CORPORATE RELATIONS Kelli McAfee PRODUCTION COORDINATOR Mary Misisco ACA EXECUTIVE OFFICE AND DIRECTORS EXECUTIVE DIRECTOR James A. Gondles Jr., CAE Robert L. Green — Executive Director Designee DEPUTY EXECUTIVE DIRECTOR Jeffrey Washington SENIOR EXECUTIVE ASSISTANT India Vargas CONVENTIONS, ADVERTISING AND CORPORATE RELATIONS DIRECTOR Kelli McAfee FINANCIAL SERVICES AND HUMAN RESOURCES DIRECTOR William Lake MEMBERSHIP AND CUSTOMER SERVICE DIRECTOR Roberta Gibson COMMUNICATIONS AND PUBLICATIONS DIRECTOR Kirk Raymond OFFICE OF CORRECTIONAL HEALTH DIRECTORS Elizabeth Gondles, Ph.D. — Senior Director Terri L. Catlett — Director Dr. Dean Aufderheide — Director of Mental Health STANDARDS AND ACCREDITATION DIRECTOR David Haasenritter PROFESSIONAL DEVELOPMENT DIRECTORS Elizabeth Gondles, Ph.D. — Senior Director Dee Whitaker — Director INFORMATION TECHNOLOGY ACTING DIRECTOR Jeffrey Washington INTERNATIONAL INITIATIVES DIRECTOR Elizabeth Gondles, Ph.D. — Director

ARTICLE AND PHOTO SUBMISSIONS: Managing Editor, 206 N. Washington St., Suite 200, Alexandria, VA 22314; email submissions@aca.org. Articles must be in Microsoft Word. Please include all contact information. Unless expressly requested in writing, all photos and artwork submitted become the property of ACA and may be used in future ACA publications. Articles and photos will not be returned unless expressly requested by author.

CONNECT WITH US ONLINE

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ADVERTISING INQUIRIES: Production coordinator, 800-222-5646 ext. 0019. Written inquiries should be mailed to 206 N. Washington St., Suite 200, Alexandria, VA 22314.

Statements contained in Corrections Today are the personal views of the authors and do not constitute ACA policy unless so indicated. ACA does not assume responsibility for the content of Corrections Today as submitted by contributors, reserves the right to edit all articles and, if necessary, condense them. The publication of any advertisement by ACA is neither an endorsement of the advertiser nor of the products or services advertised. ACA is not responsible for any claims made in advertisements. MISSION STATEMENT: The American Correctional Association provides a professional organization for all individuals and groups, both public and private, that share a common goal of improving the justice system. Corrections Today (ISSN 0190-2563, USPS 019-640) is published six times a year in January/ February, March/April, May/June, July/August, September/October, November/December by the American Correctional Association, 206 N. Washington St., Suite 200, Alexandria, VA 22314; 703-224-0000. Send any changes to Corrections Today, Attn: Membership Department, 206 N. Washington St., Suite 200, Alexandria, VA 22314. Subscriptions are included in annual membership dues. Nonmember subscription rates are $25 per year for Corrections Today ($36 value) or $6 per issue. Printed in USA. Vol. 85, No. 4. Copyright 2023 by the American Correctional Association.

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Corrections Today July/August 2023— 3

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News&Views

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From Jim’s Desk

49 ACA Featured Departments

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Welcome New Members

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Certification List

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Corrections Calendar

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Index to Advertisers/ Product Index

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4 — July/August 2023 Corrections Today

Correctional Behavioral Health Training and Certification Program

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n Adult Correctional Officers n Juvenile Justice Professionals n Allied Behavioral Health Staff n Community Corrections Officers

“The CBHC Training program has been an important tool to help our correctional officers get the training and subsequent certification they need to properly care

for this complex population.” — Mark Inch, MA, Secretary Florida Department of Corrections

For more information, email healthcare@aca.org

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NEWS&VIEWS

From Jim’s Desk So long til we meet again

M y Dad never said goodbye to me when I left from a visit to him. My Mother passed away ten years before Dad, and he lived alone for a decade. Every time I would leave, he’d say “I’m not going to say goodbye, I’ll just say so long til we meet again.” He didn’t show emotions easily, World War II veterans like him usually didn’t. My Mother, on the other hand, was quite emotional. She endured a lot in her life, seeing Huntington chorea disease in her immediate family kill her mother and all her brothers and sisters, seeing her first husband die at an early age, and seeing two of her sons (my brothers) die in their forties. She was a strong woman but showed emotions easily. So I’ve inherited my Mother’s emotional reactions more than my Dad’s. I’m not good at goodbyes, so I’ll simply say “so long til we meet again”. After 32 years and 10 months I leave ACA and Rob Green becomes Executive Director. He will do great things for ACA’s future and each of you will be excited and proud of Rob’s

tenure. I am happy to know ACA is in excellent hands with Rob Green.

corrections. She, more than anyone I know, has raised more revenue and business for ACA during my ten ure. She, more than anyone I know, has improved ACA’s standing and activity on the international stage. Simply put, Betty Gondles has been a diamond for your association, and I thank her. I’m not “selling anyone short” by not thanking and mentioning persons I worked with inside our office or external to our office, they will hear from me one on one, in writing, in talking and/or in remaining good friends. Today I leave with deeply held gratitude, strongly held optimism of our future, and heartfelt love of my Creator, my family, my friends, my country and ACA. So long til we meet again.

Today I leave with deeply held gratitude, strongly held optimism of our future, and heartfelt love of my Creator, my family, my friends, my country and ACA. There are hundreds of people to thank for my time at ACA. At the risk of leaving someone out, I’m not going to list anyone here except Dr. Elizabeth (Betty) Desiderio Gondles. She, more than anyone I know, has raised the bar of treatment in

James A. Gondles Jr., CAE ACA Executive Director

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Thank you to our sponsors for making Jim Gondles’ celebration a very special occasion at the 153 rd Congress of Correction.

Jim Gondles

Chuck and Ellen Kehoe

Bonnie Greenspan/Hyatt

Veronica Cunningham/APPA

S. Anne Walker/Austin Wilkes Society

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Correctional Nurse Manager Training and Certification Program

The CCN/M First Edition Study Guide NOW AVAILABLE!

• The CCN/M certification cate gory includes individuals who work as nurse managers in a correctional environment. • They are management staff who may contribute to the development of policy and procedures, are responsible for their implementation and have authority over staff nurses.

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For more information, please email healthcare@aca.org or call 703-224-0049

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Correctional Nurse Manager Training and Certification Curriculum

Module 1 — Health Care in Corrections Section 1A – Appropriate and Necessary Health Care Section 1B – Access to Care Section 1C – Total Quality Management Section 1D – Prevention of Contagion Module 2 — Legal Issues in Corrections Section 2A – History of Correctional Law Section 2B – Inmate Rights v. Inmate Privileges Section 2C – Landmark Court Cases Section 2D – Inmate Grievances Section 2E – Confidentiality Module 3 — Behavioral Health Section 3A – Basics of Mental Illness Section 3B – Mental Health Assessments Section 3C – Crisis Intervention Section 3D – Suicide Prevention Section 3E – Trauma Informed Care Section 3F – The Multidisciplinary Service Team and Multidisciplinary Treatment Team Section 3G – Managing Disruptive Inmates Section 4A – Scope and Nature of Correctional Nursing Section 4B – Understanding the Standards of Correctional Nurse Practice Section 4C – Understanding the Standards of Professional Performance Section 4D – Ethics Section 4E – Accreditation Module 4 — Nursing Practice and Accreditation

Module 5 — Security Section 5A – Equipment/Supplies Accountability Section 5B – Inspections and Investigations Section 5C – Problem Inmates Section 5D – Emergencies Module 6 — General and Inmate Management Section 6A – Special Needs Inmates Section 6B – Policy and Procedures Section 6C – Communication Section 6D – Classification Section 6E – Health Education Programs Module 7 — Conflict Management Section 7A – Staff Conflict Management Section 7B – Inmate Conflict Management Section 7C – Mediation Section 7D – Staff Grievances Module 8 — Human Resource Management Section 8A – Staff Management Section 8B – Recruitment and Retention Section 8C – Staff Development

Eligibility Requirements: Certified Correctional Nurse Manager (CCN/M)

• RN license in good standing with corresponding state nursing board

• 2 years of correctional nurse management experience; supervises other medical personnel and administrative staff

• Associate, Bachelor of Science (B.S.), Master of Science (M.S.) in Nursing or completion of an accredited nursing program

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National Correctional Officers and Employees Week

Saying thanks for your professionalism, dedication and courage Florida Department of Corrections S ince a Presidential Proclamation in 1984, the first week in May has been a time set aside every year to honor the hard work and professionalism of America’s correctional officers and employees. All across the country, a host of local governments,

correctional facilities and groups of citizens gather to rec ognize the outstanding work done by correctional officers and employees in a variety of ways. In these pages, we have compiled some of these mo ments of recognition from just a small cross section of the hundreds of moments from this years’ National Correc tional Officers and Employees Week.

10 — July/August 2023 Corrections Today

For example, you can experience the impressive ceremony held by Illinois Department of Corrections on their main campus in Springfield, Illinois and see the Ohio Department of Rehabilitation and Correction honor one outstanding individual with the Ronald C. Marshall Award and the title of Correctional Officer of the Year. Hopefully, these faces of corrections, from San Luis Obispo in California to the Texas and Oklahoma Depart ments of Correction will show how important it is to honor the important work corrections officers and em ployees do. That’s also why it is worth remembering the words of Presidential Proclamation 5187, issued on May 5, 1984, which made the first week in May the important week it is for corrections officers and employees. Speaking about correctional officers and employees, the proclamation reads: “Their position is essential to the day-to-day opera tions of these institutions; without them it would be impossible to achieve the foremost institutional goals of security and control.” Furthermore, the Presidential proclamation recognizes the many different and dangerous duties borne by correc tional officer and employees: “The duties of these officers have become increasingly complex and demanding. They are called upon to fill, si multaneously, custodial, supervisory and counseling roles. The professionalism, dedication and courage exhibited by these officers throughout the performance of these →

Background image: istock/CatLane; all other photos courtesy Florida Department of Corrections

Background image: istock/CatLane

Corrections Today July/August 2023 — 11

National Correctional Officers and Employees Week

demanding and often conflicting roles deserve our utmost respect. The important work of correc tional Officers often does not receive the recogni tion from the public it deserves. It is appropriate that we honor the many contributions and ac complishments of these men and women who are a vital component of the field of corrections.” In 1996, Congress changed the name of National Correctional

Officers Week to National Correctional Officers and Employees Week to rightfully credit all of the women and men who serve by working in corrections. The official resolution is an excellent summary of the field of corrections and how it is a crucial part of public safety: – Whereas the operation of correctional facilities rep resents a crucial component of our criminal justice system; – Whereas correctional personnel play a vital role in protecting the rights of the public to be safeguarded from criminal activity; – Whereas correctional personnel are responsible for the safety and dignity of human beings charged to their care; and – Whereas correctional personnel work under demand ing circumstances and face danger in their daily work lives: Now It is with great honor we continue the tradition and keep this first week in May as the National Corrections Officer and Employees Week. These seven days give us a unique opportunity to rec ognize great public servants, but we should not hesitate to make every day an opportunity to honor, praise and cher ish all of the women and men in corrections.

BY KIRK RAYMOND

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More celebrations around the country Illinois Department of Corrections

Illinois Department of Corrections photos courtesy Naomi Puzzello

The Illinois Correctional Employees’ Memorial Association Annual Memorial Wall Ceremony on May 10, 2023. The Illinois Department of Corrections hosted the event on their main campus in Springfield, Illinois.

Corrections Today July/August 2023 — 13

National Correctional Officers and Employees Week

Ohio Department of Rehabilitation & Correction

Since 1984, the Ohio Department of Rehabilitation and Correction has celebrated

Correctional Officer Week each year by

honoring one outstanding individual with the Ronald C. Marshall Award and the title of Correctional Officer of the Year. Terry Burke of Mansfield Correctional Institution was awarded the 2023 Correctional Officer of the Year.

Ohio Department of Rehabilitation & Correction photos courtesy Sara Downs

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Oklahoma Department of Correction

Alexandria Sheriff’s Office, Alexandria, VA

Alexandria Sheriff’s Office photo courtesy Amy Bertsch

Deputy Carlos Cañas and Sheriff Sean Casey place a wreath at the memorial for Deputy William G. Truesdale, who was killed in the line of duty on January 27, 1981.

Texas Department of Criminal Justice

Oklahoma Department of Correction photo courtesy David Edelman In a heartfelt moment, the Oklahoma Department of

Texas Department of Criminal Justice photo courtesy Daniel Dickerson

Major Ragazincky, Wynne Unit, presents Officer Bryant a challenge coin for doing an outstanding job to ensure the unit stays safe by intercepting a contraband dropped on the side of the road. Officer Bryant has 25 years of service and is assigned to the outside yard crew. His crew ensures unit beautification. Thank you Officer Bryant; job well done.

Corrections (ODOC) Honor Guard stood tall and proud at the Correctional Peace Officers Foundation (CPOF) Annual Memorial. Together, they paid homage to correctional staff who made the ultimate sacrifice.

Corrections Today July/August 2023 — 15

■ REGULATIONS

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Y ou probably have foreign nationals serving time in your prison. The rules and regulations that apply to the general prison population also apply to foreign nationals. There are also some unique requirements that only apply to foreign nationals in your prison, specifically “consular notification and access” (CNA) requirements. Fulling these obligations is required by law and helps the U.S. government protect U.S. citizens who are arrested and incarcerated in other countries. What you need to know for Foreign Nationals in your prison Consular notification and access BY WALLY DOERGE

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Background image: AdobeStock/Tuna salmon

Corrections Today July/August 2023 — 17

■ R EGULATIONS

What is CNA? It’s the process of informing a foreign government of the arrest, detention or death of foreign nationals, and al lowing that government to communicate with its nationals in detention. In the United States, foreign governments have embassies (a foreign government’s headquarters) in Washington, D.C., and some countries also have consul ates (branch offices) in other cities. Consular Officers who work at both embassies and consulates, provide assis tance to their country’s citizens, including those who are arrested or incarcerated. Consular officers can only assist their arrest or incarcerated citizens if they know about the detention and are allowed access to the detainee by local officials. That is why it is important for prisons to have clear CNA procedures in place.

en/consularnotification/QuarantinedForeignNationals/ countries-and-jurisdictions-with-mandatory-notifications. html.) The VCCR and each of these treaties are binding on federal, state and local government officials under the Supremacy Clause in Article VI of the U.S. Constitution. Providing consular notification and access is the law. Who is a foreign national for CNA purposes? A foreign national for consular notification and access requirements is any person who is not a U.S. citizen or U.S. national. This includes short-term visitors, whether here for tourism, business, to study or work, as well as lawful permanent residents or green card holders, and undocumented foreign nationals. It is important to remember many U.S. citizens also have another nationality, meaning they are also citizens of another country. Consular notification and access obligations technically do not apply to dual-national U.S. citizens. However, when a U.S. citizen who has dual nationality is detained it is good practice to notify the Embassy or consulate of the other country as a courtesy. Since the U.S. government wants to know when U.S. citizens who are dual nationals are arrested outside the United States, we need to make the effort to adhere to CNA requirements in these cases so we are in a position to credibly demand it from authorities abroad. When do CNA requirements apply? CNA requirements mostly apply during the initial ar rest. There are several circumstances in which correction facilities are encouraged to notify the relevant embassy or nearest consulate, including when a foreign national is transferred from one detention facility to another. Consular officials can become extremely upset because they contacted a prison to arrange a phone call or visit, as they had many times previously, only to be told that their citizen was no longer in the facility. The foreign consular officers need to know where their citizens are detained in order to provide consular services and check on their welfare. Though illness and serious injuries are not specifically covered in the treaties, the Department of State encour ages U.S. law enforcement and prison officials to make notification if inmates or detainees are sent to a hospital

The VCCR requires that we inform an arrested or detained foreign national that they may have their Embassy or consulate notified.

Consular notification and access requirements are set forth in several international treaties and agreements, most prominently the 1963 Vienna Convention on Con sular Relations, (VCCR), a multilateral treaty to which the United States and more than 170 other countries are party. The VCCR requires that we inform an arrested or detained foreign national that they may have their Embassy or consulate notified. The United States has also entered into bilateral treaties that apply to 56 indi vidual countries. Under these bilateral treaties, consular notification is mandatory when that country’s foreign nationals are arrested or detained in the United States and when our own citizens are arrested or detained in one of these countries. For the 56 “mandatory notification” countries the Embassy or consulate must be informed even if the person being arrested or detained does not request it. (The list of mandatory notification countries is available at https://travel.state.gov/content/travel/

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How do you fulfill CNA requirements? Consular notification is fast and easy. Notification can be made by fax, email or telephone. Faxes can be sent at any time, on any day, and the fax confirmation sheet provides a written record of the notification. Email also can be sent at any time of the day or night, weekends and holidays. While faxing is becoming rarer, most foreign embassies and consulates have a dedicated email address for consular notification purposes. The sent email is a record of the notification. Keep a copy of the fax or sent email in the file. If the email or fax does not go through, please email us at consnot@state.gov and we will find the correct contact information. Again, it’s essential not only to provide notification, but to document it. In the event the detainee, the detainee’s attorney or the foreign government later claims that no offer to provide consular notification was made or notification never happened, including in subsequent litigation challenging their con viction or sentence on the basis of non-notification, you have proof. If you notify by telephone, make a note in the file of the time and date, the phone number you called, and the name of the person with whom you spoke. What happens after you fulfill our CNA obligations? After the foreign embassy or consulate has been notified of an

or other medical facility for treatment. You should notify the foreign consular officer of their citizen’s departure from your facility, and where they are going for medical care. We also encourage you to notify the Embassy or consulate in any situation where a foreign national is in such a critical condition that contacting consular officials would be in that person’s best interests--for example, the foreign national is in the Intensive Care Unit, comatose or on a respirator. Notify the foreign consular officer when they return to your facility. If an inmate or detainee dies in your facility, every effort should be made to ensure that notification is provided to the foreign embassy or consul ate, in addition to notifying next of kin. If a detained or incarcerated foreign national originally turned down consular notification following their arrest but requests it later while in detention or while serv ing their sentence, you must provide notification to the foreign embassy or consulate. When a foreign national changes their mind, send consular notification as soon as reasonably possible under the circumstances. The foreign embassy or consulate may complain that notification was not provided immediately after the arrest. That is why it is critical you keep records indicating notification was initially declined and the foreign national changed their mind. These records help the State Department respond to complaints from foreign embassies and consulates.

arrest or detention, what hap pens next is up to the foreign government’s officials. Consular notification and access obliga tions provide foreign officials and those whom they authorize to have “access” to their nationals. Access may be an in-person visit, a prearranged telephone call or a letter. Whether foreign officials wish to communicate with their citizens and the method depends on the traditions and resources of the country, and the location of the nearest consulate. Some of the services that consular officers may provide include: →

Adobe Stock/Alex

Corrections Today July/August 2023— 19

■ R EGULATIONS

– arranging for legal representation – contacting family, friends or employers – visiting the detained foreign national in prison – providing reading materials and vitamin supplements – insisting that prison officials are providing appropri ate medical care – monitoring the local criminal justice process by at tending hearings, trials and other legal proceedings. When consular officers visit their nationals in prison, they are expected to follow the regulations of the deten tion facility regarding security and the time, place and manner of their visits. Regulations should not be so strict as to prevent consular access or frustrate the purpose of consular communication. We urge authorities to grant consular officers liberal access to detained persons, providing them every courtesy consistent with local laws and regulations. Reasonably liberal visiting privileges are particularly important when consular officers must travel long distances to visit their nationals. Remember that treaties are based on reciprocity. What access conditions would you like the U.S. consular officer to experience if visiting a relative of yours, or a resident of your city or state, in a jail overseas? Consular officers are not permitted to practice law in the United States, but they should generally be given the same communication privileges as defense attorneys. Consular officers may not interfere with the criminal investigation or judicial process. It is not necessary to delay an interview or interrogation to make consular no tification or to wait for a foreign consular officer’s arrival before questioning a detained person. Why should you care about CNA requirements? We want to comply with our international agreements so we can protect U.S. citizens overseas. Millions of U.S. citizens travel, study and work abroad every year. If a U.S. citizen is arrested, detained or incarcerated overseas, we want to ensure that U.S. consular officers who work for the U.S. State Department can provide assistance. Our diplomats and consular officers at U.S. embassies and consulates overseas receive arrest noti fications, visit our detained and incarcerated citizens to

AdobeStock/Syda Productions

check on their welfare and help them to secure access to legal representation, communicate with family and friends and receive adequate food and medical care. U.S. consular officers make every effort to safeguard U.S. citizens against mistreatment in custody. The way we treat foreign nationals in the United States can and does affect what happens to U.S. citizens who are in trouble abroad. That is crucial to understanding why CNA is so important. The way we treat foreign nationals in the United States can and does affect what happens to U.S. citizens who are in trouble abroad. CNA compliance also helps avoid legal challenges. Oregon, California and Illinois have laws on the books requiring police officers and custodial officials to go through CNA procedures, and several other states have laws covering aspects of CNA. Defense attorneys may attempt to challenge prosecutions on the basis of a failure to provide consular notification. In some states, such as Massachusetts, courts may find that the appro priate remedy for a CNA violation is to have evidence

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suppressed or convictions overturned where the failure of notification and access prejudiced the defendant’s defense. Why take a chance on this? Following CNA procedures is easy and keeping records of notification avoids creating grounds for challenges of convictions and sentences. How can the U.S. Department of State help you? We have resources to make consular notification faster and easier. Our CNA materials are available on our website (travel.state.gov/CNA), including the manual, notification flow chart and a poster with the mandatory statements in several languages. The site is arranged as a step-by-step guide on how to provide consular notifica tion. We provide a form in 28 languages for the inmate to sign, date and indicate whether they have accepted or declined consular notification if they are from a VCCR country. The same forms have space to sign and date a

statement that they understand you will notify the em bassy or consulate if the inmate is from a mandatory notification country. Contact information for the foreign embassies and consulates in the U.S., including email addresses, phone numbers and fax numbers are listed on the website. You can find all of these materials at travel.state.gov/CNA. If you need additional information or guidance on how to carry out consular notification and access, the best way to reach the State Department’s CNA Team is by email at consnot@state.gov. We are always happy to answer your questions and provide guidance. Wally Doerge has managed the Consular Notification and Access Program since 2010. She is currently the State Department subject matter expert on consular notification and access. Wally began her career with the U.S. Department of State in January 1987 at Northeast Passport Processing Center in New York City as a Mail Clerk and has worked in the Bureau of Consular Affairs’ Office of Public and Congressional Affairs in Washington, D.C. since 1990.

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Guiding principles and restorative practices for crime victims and survivors

R estorative justice, which is realized in states and localities as an innovative framework that provides a foundation for fairness in justice policies and practice, views and responds to wrongful occurrences and crime with an alternate and innovative approach. The ultimate goal of restorative justice is to repair the harm caused by a wrongful incident, while addressing the needs of the victim, offender and the community. 1 Opportunities are provided for those most directly affected by crime to be involved in responding to its impact. This approach ultimately seeks to address the myriad of needs of victims and ensure individual and community safety, while the alleged or convicted defendant is held accountable and develops competencies in order to become a better and more productive person. The principles and practices aligned with re storative justice have been applied to educational settings, prevention, intervention and diversion initiatives, crime victim and survivor services, juvenile justice and criminal justice systems. Re storative practices and applications include: victim/ offender dialogue (also called victim/offender mediation), circles, reparative and accountability boards, restorative conferencing, “Impact of Crime on Victims” programming, restorative community service, diversion and apology banks. In addition, restorative justice has been applied in comprehen sive facilitative dialogue, capacity building and community development. This article offers a historical perspective of the United States’ crime victim and survivor assistance field, and its role in restorative justice. Six guid ing principles for victim- and survivor-focused restorative justice are identified by the authors, as well as restorative legislation, practices and future perspectives.

BY SANDRA PAVELKA AND ANNE SEYMOUR

The authors dedicate this article to the late, great Dennis Maloney, a pioneer in promoting restorative justice principles and practices within the criminal and juvenile justice systems, crime victim services and communities across the U.S.

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The victim assistance field in the United States

foundation for restorative justice primarily at the state and local levels as the victim assistance profession was becoming a driving force in criminal and juvenile justice policy. 2,3,4 Compelling arguments were presented for a problem-solving approach, challeng ing policymakers and stakeholders to develop a justice system that worked more efficiently and fairly with a morally decent alternative. 5 Empirical evidence found that the restorative alternatives, more often than court based solutions, have the capacity to satisfy victims’ expectations of achieving a meaningful role in the way their cases were processed, as well as delivering resto ration, especially emotional restoration, from the harm victims have suffered. 6 The concept of offender account ability — to their victims, their own families and their communities — was a stark but interesting contrast to the existing “tough on crime” approach. Two federal initiatives brought this concept to the masses across the United States. Further, these initiatives provided an alternative perspective to potentially have a profoundly positive effect on the justice system by incorporat ing community participation, victim involvement and restoration. 7

While efforts to identify and address the needs of crime victims and survivors began in the 1960s using the “lessons learned” from the women’s and civil rights movements, the emergence of the professional field of crime victim services is often cited as occurring in 1972, with the creation of the Aid of Victims of Crime in St. Louis, Missouri, Bay Area Women Against Rape in California and the Washington D.C. Rape Crisis Center — three organizations that still thrive to this day. Crime victims had few statutory rights, were viewed primarily as “witnesses” needed to secure convictions and were often blamed and shamed for their victimization. The nascent days of the field focused on passing victims’ rights laws, identifying and addressing the needs of victims across the criminal justice spectrum, as well as providing services for the majority of victims who did not report crimes to authorities. National leadership that propelled the movement into a professional discipline was provided initially by the National Organization for Victim Assistance and victim driven organizations founded by grieving survivors, including Mothers Against Drunk Driving (MADD) and the National Organization of Parents of Murdered Chil dren. The passage of the Victims of Crime Act (VOCA) in 1984 that created a federal fund for victim assistance derived from fines and fees assessed against convicted federal defendants, along with the National “21” Drinking Age Bill promulgated by MADD, set the victim assistance profession on a path to activism that was driven by “the power of the personal story” that is still prevalent today. The focus then of victim-driven public policy initia tives at the national, state and local levels was “tough on crime,” with collective support from victims and their advocates for longer sentences and more prisons. With victims feeling long-ignored in justice processes, the victim assistance field leaned heavily toward a punitive model of justice. The emergence of restorative justice The seminal work of Dr. Howard Zehr, Kay Pra nis and Dr. Mark Umbreit (among others) provided a

Restorative practices should be made available to victims who report crimes, as well as to those (the majority) who do not.

In 1996, the U.S. Department of Justice (DOJ) National Institute of Corrections (NIC) sponsored a teleconference on restorative justice that was attended by over 20,000 people in the U.S. and Canada. The teleconference proposed restorative justice principles that were victim-centered and focused on the need to provide opportunities for offender accountability and community involvement to improve individual and public safety. →

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A national summit and a series of five regional con ferences followed the NIC teleconference in 1997 and 1998 on restorative justice, sponsored by the DOJ Office of Justice Programs. For thousands of justice and vic tim assistance practitioners and community volunteers, this was their “introduction” to the powerful potential of restorative justice as a foundation for justice and victim assistance policies and practices. Community-level teams returned to their jurisdictions across the nation with a new toolbox of restorative justice research and resources that focused on the harm that crime causes to individuals and to communities; and the need for innovative approaches that engage victims, offenders and communities in repair ing such harm. Leadership provided by national justice organizations The “jump-start” provided by the DOJ’s restorative justice leadership became the impetus for national criminal justice and corrections organizations to address restorative justice in a meaningful way. By the early 1990s, three leading organizations — the American Cor rectional Association, the American Probation and Parole Association and the Association of Paroling Authorities International — had established victim issues commit tees to promote victim and survivor sensitivity in national policy and program development. The National Associa tion of Victim Assistance in Corrections was founded to promote victims’ rights and services in the post-sentenc ing phases of cases. The dissemination and replication of restorative justice policies and practices became a priority of these leadership organizations, as evidenced by the ongoing and recent work of the ACA Victims and Restor ative Justice Committee. One of the main focal points of this committee has been to include language in ACA’s Standards and Poli cies that acknowledges victim/offender dialogue (VOD) as a viable restorative justice program in corrections. The standards were approved in August 2016, with the follow ing language: “Where a facilitated victim/offender dialogue program exists, written policy, procedure and practice provide that there is a program initiated and requested only by a victim or victim/survivor that provides an opportunity for such victims or

survivors to meet face-to-face or by other means with the inmate responsible for their victimiza tion in a safe, secure and confidential setting after thorough preparation with, and with the assis tance of a properly trained facilitator.” The definition submitted for review to the ACA Com mittee on Performance-Based Standards is as follows: “Victim Offender Dialogue (VOD) is a post conviction, victim-initiated process that includes preparation, dialogue and follow-up guided by a trained facilitator. Participation in the VOD program is completely voluntary for the victim/ survivor and for the offender. Either party is always at liberty to withdraw from the VOD preparation or dialogue process at any time, and VOD is not intended to directly affect the of fender’s prison, parole, or community supervision (probation) status.” Criminal justice and correctional organizations that initiate VOD programs should adhere to the “20 Prin ciples of Victim-Centered Victim Offender Dialogue,” endorsed by NAVAC, which are available on their web site. In addition, VOCA Rule 28 CFR Part 94 includes restorative justice efforts (e.g., Tribal community-led meetings and peace-keeping activities) along with benefi cial or therapeutic value suited to meet victim needs. Guiding principles of victim- and survivor-centered restorative justice Decades of experience resulting from leadership and commitment from the crime victim and survivor assis tance field and allied national justice organizations have helped define six basic principles of victim and survivor centered restorative justice: 1. Crime is personal Everyone has been or knows a victim of crime. Crime has significant and varying effects on individuals, fami lies, friends and communities. The impact of crime results in physical, financial, psychological, social and spiritual consequences. A significant amount of crime involves acquaintance or family crime and interpersonal crime. The relationship between victims and offenders has been

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examined in many contexts, including proximity to the home, duration of stalking, method of homicide and fear of rape or sexual assault. In addition, the degree of intimacy that exists between victims and offenders has traditionally been as major a variable in the outcome in cases of violent crimes in the criminal justice system. 8 2. Restorative justice must be victim-centered and trauma-informed Crime victims and survivors often feel removed from services and support that can help them in the immediate, short and long-term, and from criminal and juvenile jus tice system processes that should be designed to protect them. In 2015, the DOJ found that only 9.1 percent of victims of serious violent crime sought assistance from a victim services program. 9 By addressing the victim’s trau ma and needs, restorative justice can more clearly define the harm caused by crime and its impact on survivors, and develop approaches to address such harm. The U.S. Department of Health and Human Services defines “trauma-informed” to be based upon three E’s: events, experience of the event and effect. According to SAMHSA’s conceptual framework: “Individual trauma results from an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or life-threatening, and that has lasting adverse effects on the individual’s functioning and mental, physical, social, emo tional or spiritual well-being.” 10 3. The voices of victims/survivors in restorative justice are integral to its effectiveness and overall success The “power of the personal story” from

4. Victim autonomy must be central to all restorative justice policies and practices Every crime victim and survivor is unique. While vic timology and justice research offers valuable information about victims’ needs and victim impact, restorative justice demands that programs focus on the individual survivor in the individual case. His or her feelings and opinions are central to effective restorative justice practices. Crime victims and survivors often speak about the sense of power and control that their perpetrators exerted over them. A significant component of the healing process is to help victims regain that sense of control over their lives and, if they report crimes, over their participation in justice processes, including diversion. This includes being offered the opportunity to participate in restorative justice programs and, alternatively, the option to decline to par ticipate. It is his or her decision — no exceptions. Restorative practices should be made available to vic tims who report crimes, as well as to those (the majority) who do not. According to the National Crime Victimiza tion Survey, in 2016, only 42 percent of violent crimes and only 26 percent of property crimes were reported to police. 11 Community-based victim assistance programs that are not affiliated with the criminal or juvenile justice systems — such as domestic violence programs, rape cri sis centers, homicide support groups and MADD chapters — are important partners in restorative justice initia tives, as they provide services and support to all crime

victims and survivors has driven the nation’s victim assistance field since its inception nearly half a century ago, and has been an important foundation for restorative justice over the past three decades. Nobody understands the devas tating impact of crime more than someone who has experienced it. Victims’ voices are often a clarion call for survivor services and justice processes that focus on offender accountability and evidence-based practices that have proven to be effective to reduce recidivism.

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