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April/May 2016
Vol. 14 No. 2
Time to Pay Up: Best Collections Programs
CHANGE SERVICE REQUESTED
Courts Today 69 Lyme Road, Hanover, NH 03755
Record Holders: Top Audio Visual Systems
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with alternative & diversion programs
Publisher & Executive Editor Thomas S. Kapinos Assistant Publisher Jennifer Kapinos
A P R I L / M AY 2 016
Editor Donna Rogers
VOLU M E 14 N U M B E R 2
Contributing Editors Michael Grohs, Bill Schiffner G.F. Guercio, Kelly Mason
F EATU R E S
Art Director Jamie Stroud
6 Scam Alert: How to Beat Jury Scammers
12 Time to Pay Up:
Best Collections Programs
Marketing Representatives Bonnie Dodson (828) 479-7472 Art Sylvie (480) 816-3448 Peggy Virgadamo (718) 456-7329
17 Drug & Alcohol Testing Protocols 22 The Record Holders
with alternative & diversion programs
Top Audio Visual Systems
26 Dallas’ Digital Display System
DE PARTM E NTS
30 Ad Index
is published bi-monthly by: Criminal Justice Media, Inc PO Box 213 Hermosa Beach, CA 90254 310.374.2700 Send address changes to: COURTS TODAY 69 Lyme Road Hanover, NH 03755 or fax (603) 643-6551 To receive a FREE subscription to COURTS TODAY submit, on court letterhead, your request with qualifying title; date, sign and mail to COURTS TODAY 69 Lyme Road Hanover, NH 03755 or you may fax your subscription request to (603) 643-6551 Subscriptions: Annual subscriptions for non-qualified personnel, United States only, is $60.00. Single copy or back issues-$10.00 All Canada and Foreign subscriptions are $90.00 per year. Printed in the United States of America, Copyright © 2016 Criminal Justice Media, Inc.
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ADVERTORIAL
Digital Court Records:
WORTH MORE THAN A 1,000 WORDS
he ultimate goal of the official court record is to provide a complete account of what actually happened in court. Traditionally, court reporters have provided stenographic recording for courts, but in the last decade, digital recording technology has advanced significantly. Tone and inflection can be heard on audio, while gestures and facial expressions are discernible on video. A written transcript does not provide the same degree of accuracy an A/V recording does. Thus, as Jim McMillan and Lee Suskin of the National Center for State Courts concluded in “Digital Recording Makes the Record Effectively,” Trends in State Courts—Leadership & Technology (2015), “Many state and local courts successfully use digital recording as an accurate, costeffective means to produce and obtain the verbatim court record.” With digital recording, court proceedings can be captured routinely, lowering costs and staffing, reducing space needed for storage of records, and speeding the accessibility of court records for the media and the public. With digital recording, the court maintains more control of the day’s start and end time (not depending on
T
a court reporter’s schedule), physically keeps its own records (as opposed to a court reporter keeping the record), and can make those records available to people relatively quickly (instead of waiting the average 60+ days for a transcript to be typed up).
Digital Technology Developed Specifically to Capture the Court Record
Imagine a digital A/V system custom-engineered to work with your court system. High quality microphones at the attorneys’ tables, at the judge’s bench, a microphone to pass to the jury box if needed for jury selection, and one at the witness stand ensure that all the important communication in the courtroom is picked up without a problem. When someone speaks, the courtroom cameras are set to automatically focus on that person, ensuring that everyone—from the judge and attorneys to the jurors and witnesses are captured clearly on video when talking. This video can be shown on monitors throughout the courtroom, allowing the jurors and public to have an unobstructed view of the proceedings and even, if desired,
real-time video to stream the signal to the media for high publicity cases. This A/V reality is as easy as a clerk entering the courtroom and booting up their personal account, starting the recording software, putting in the case name, and pressing “record” on the computer software where the year, month, and day will be registered automatically. Clerks can mark any noteworthy events such as the beginning of a witness’ testimony, the admission of an exhibit, and the judge’s final ruling from the bench, so that the A/V record is easily found later by parties, attorneys, and higher courts. If cameras switching their focus to the person speaking is not desired, judges can easily have the video cameras fixed solely on the witness stand, the bench, or other location. Audio recording is also totally customizable, allowing the voices of the judges, attorneys, and witnesses to be heard at a level sufficient to be broadcast on the court PA system, including to assistive listening devices for those who are hard of hearing. When A/V court recording was starting in the 1980s, the early technology had some flaws. Today, however, the technology is so good that microphone and camera pick-up patterns are set by computer, patterns can be saved for re-use by specific court proceeding, and the audio and video is easy to hear and see. This advance in technology makes the court record accurate and accessible to all. It is true that as with court reporters, when more than one person is speaking, it is incumbent on the judge to manage the court proceeding, so that the record is kept clean and clear. Unlike court reporters, however, the five-channel recording equipment and up to 14 microphones Continues on page 30
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BY G. F. GUERCIO, CONTRIBUTING EDITOR
S R E M M A C : S E R A BEW
COMBATR
EADY COU
RTS
COURTS CAN WIELD THEIR OWN TOOLS TO OVERCOME JURY DUTY SCHEMES
COPS, THREATS, PAYOUTS… is this a made-for-TV drama? No, it’s the latest jury duty scam. Dusted off and resurrected, criminal minds have again turned to the name of the court—in all of its prestige and power—to wield the name in an effort to gather personal information or gain money. “In various parts of the United States, citizens are being targeted by phone calls and emails, threatening them with prosecution for failing to comply with jury service in federal or state courts,” responds the team at USA.gov, a public clearinghouse for information. “In the calls and emails, recipients are pressured to
provide confidential data, potentially leading to identity theft and fraud. These calls and emails, which threaten recipients with fines and jail time if they do not comply, are fraudulent and are not connected with the U.S. courts.” The U.S. courts provide more details: “A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts. Members of the public in Georgia, Indiana, Kansas, Maryland and other states have been contacted by scammers asking them to follow links and provide personal information in online jury duty questionnaires—or face
federal fines or jail time.” The email also falsely claims that it is affiliated with eJuror, the online registration program used in about 80 U.S. court districts. Email phishing scams in Kansas and Georgia use the name of the judiciary’s e-Juror program to convince targeted people the scam is legitimate, according to their findings. And one Maryland juror phone scam threatens arrest unless the person purchases a debit card and pays $500. In response, says Karen Redmond, Office of Public Affairs, Administrative Office of United States Courts, “We have a juror scams webpage (see http://www. uscourts.gov/services-forms/jury-
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The more ways we can work together to get the message to the public the better. The newspaper, TV and radio news and social media can be excellent ways of expanding the reach of the message. —Aiesha Battle, director, New York State Division of Consumer Protection
service/juror-scams) to reach the public and we post warnings about juror scams on a fairly regular basis. At the moment, we have another in the works.” Adds Redmond, “We also maintain a jury scam page for our courts on our internal website. We include a juror scam sample press release and web page announcement for courts to tailor to their individual circumstances. We have not surveyed the courts to see what each posts on juror scams, although they seem to link from their home pages
to our juror scam page,” she details. “The District of Maine's website is one court that offers additional information on their website.” On a state level, the Attorney General’s Office of New York relates various releases published to warn the public. New York Attorney General Eric T. Schneiderman issued a consumer alert at the start of the year which details: “The scammer will request that the ‘Jury Duty Warrant’ be paid with a Green Dot Money Card or Western Union MoneyGram.” In one recent case,
the calls were traced to a Georgia prison, he relates. “The scam has been around for years and surfaces periodically in New York.” Additionally, The New York State Department’s Division of Consumer Protection and New York State Unified Court System is alerting consumers to be wary of a jury duty phone scam targeting citizens nationwide, according to Aiesha Battle, director, New York State Division of Consumer Protection. “In some instances, the victims are pressured to provide confidential
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personal information, such as their Social Security numbers and date of birth, for verification purposes,” she notes. “To pull off this scam, the criminals often use a prepaid phone with a local telephone number or caller-ID spoofing, so that it appears that he or she is calling from a local law enforcement agency or court office. The caller emphasizes that jury duty is a civic duty and that it is the victim’s responsibility to appear for jury duty whether or not they received a notice,” she says, adding, “The scammers sometimes target immigrants, who are not familiar with the court system, or seniors who are less likely to report the crime.” “The New York State Unified Court System (NYS Court System) has posted a warning notice on its website describing the jury duty
to report the call to the courts or local scam, advising the public that the law enforcement for investigation. NYS Court System would never ask by phone for financial or personal “The more ways we can work information, like social security or together to get the message to the banking account information, and public the better,” she contends. “To warned the public not to provide the extent seniors are often targeted, personal information to any person finding ways to reach them, whether they do not know,” says Battle. it be through the newspaper or radio, “Federal and state courts around the is also key. From our experience, country have posted similar warning seniors still read the newspaper and notices and alerts on their websites listen to the news. Social media may in addition to issuing press releases.” be another good resource to use if “Public awareness is key,” Battle the organization has significant traffic continues. “The general public needs on its social media platforms—folto know that this scam is out there, lowers on Twitter, likes on including how it works and Facebook, etc.,” she what they should do states. if they receive this It is sugg es type of phone jury man ted that judges, court ad agers co m n call. They should in senio r center sider placing the inistrators, and s , Ju r e ry Scam creation know not only not social se Poster centers, r v ic c e ity s building to pay or give out their pers, librar /town halls, ies, etc. sonal information, but also
Jury Service Scam Toolkit The toolkit created on behalf of NCSC offers materials that courts can use to alert and inform the public. Contents: •Statement of the Problem • Sample Press Release • Jury Scam Poster (developed and authorized for use by Washington Administrative Office of the Courts) • Sample Editorial • Handout for Seniors (4x9 card) • Audio Content for Public Service Announcement Jury Service Scam Toolkit is available at http://www.ncsc-jurystudies.org/~/media/Microsites/Files/CJS/Jury%20News/Jury%20S cam%20Toolkit.ashx Jury Scam Poster available at http://www.ncscjurystudies.org/~/media/Microsites/Files/CJS/Other/NCSC_JurySc amPoster.ashx. The poster is available as a PDF on the website or as a hard copy by contacting Greg Hurley at ghurley@ncsc.org April/May 2016x WWW.COURTSTODAY.COM
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“Social media would be most effective if courts or law enforcement enlist other agencies and public interest or consumer groups to spread the word through their social media channels expanding the reach of the message.” In one instance, to help courts raise public awareness of the scam, the National Center for
credibility of legitimate court orders and summonses.”
Get the Word out The publicity approach presented is two-pronged: to reach the public through media, and through community pronouncements. For
hardcopies of the poster are available by contacting Greg Hurley at NCSC (see sidebar page 9). The effort of the National Center for State Courts and Mecklenburg County in developing the Jury Scam Toolkit is just a first step in creating a more complete solution to this problem,
“A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts.” —U.S. CoUrtS State Courts (NCSC) and Mecklenburg County, N.C., court system created a Jury Service Scam Toolkit. “To combat the insidious nature of these scams, we have sent 4,000 of these posters to courts or other interested groups,” notes Greg Hurley, Esq., who is a senior knowledge management analyst with the NCSC. He notes the toolkit contains a Jury Scam Warning Poster. “We recommend posting them in locations that senior citizens are likely to congregate as they are frequently the population that becomes the victims of jury scams.” As for the rest of the kit he says, “The first page of the Jury Scam Toolkit has a description of some of the press releases that the court system and other justice partners have put out.” This descriptive summary concludes with the point: “What makes the jury service scam particularly troublesome is not the dollar amounts that the fraudsters are able to obtain. Rather, it is the fraudulent usage of the authority of the courts, which could tarnish the
news outlets, the kit includes a sample press release where court personnel fill in the blanks; sample editorial; and an audio script for a public service announcement. Public notices include the poster, which was developed and approved for use by the Washington Administrative Office of the Courts, and a handout intended primarily for seniors. The kit suggests court personnel such as judges, court administrators, and jury managers post, or make both available, in their communities, specifically in locales frequented by seniors. Suggested areas include: senior centers, recreation centers, city/town halls, social services buildings, libraries and drug stores. Hurley notes this all started when an official from the Mecklenburg County, N.C., court system contacted the National Center for State Courts to discuss developing a toolkit to help combat the problem. Now the toolkit is available electronically on the Center for Jury Studies website, the poster is available as a PDF on the website and
Hurley relates. What is needed is a strong partnership with law enforcement at the national, state, and local levels. Court personnel who become aware of a scam attempt should promptly contact officers within the jurisdiction, he notes. Hurley concludes: “Conceptually, the most effective way to combat the insidious problem of jury scams is through public awareness. If the public recognizes that if they miss jury service, the court will never ask a law enforcement officer to call and demand payment of a fine, they will be far less likely to fall victim to this predatory crime. Additionally, if the public promptly contacts the court or law enforcement immediately after receiving one of these calls, it increases the likelihood that the culprits can be identified and prosecuted.” And this public awareness can begin with the courts. Website warnings, press releases, and public notices are all tools courts can wield to combat the adversary, in this case, jury duty scams. CT
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BY DONNA ROGERS, EDITOR
Methods courts are using to recoup overdue fines and fees.
Time to Pay Up
W
hile payment delinquencies continue to plague courts, some are fighting back to gain funds due them. In one the latest of examples, the Rhode Island court system made a concerted effort to collect $81 million in overdue fines and fees. (Rhode Island’s Traffic, District and Superior Courts are actually owed $113.2 million
related to criminal cases, but this effort includes sums that have been overdue for 90 days.) A mass mailing was sent to scofflaws, some at multiple addresses, in an attempt to find them and get them to comply. They have 30 days to pay up, or, by law, their names and town or city of residence will be published on the judiciary website! The amount owed to R.I. Courts ranges greatly—from a bill for as little as one cent to as much as $506,000 (these are fines and fees owed by Joseph Mollicone Jr., the former bank president embezzler, that date back to 1991, according to the Providence Journal. He is on a payment plan for
another 11.9 million). Other states have been fully addressing the collection issue too. In response to Chief Justice George’s 2003 declaration elevating the collection of court-ordered debt to a top priority, the California State Legislature enacted a law in 2004 the addressed the lack of compliance. The legislation required that the California Judicial Council survey collection programs on current collection processes and adopt guidelines and standards for a statewide comprehensive program for the collection of fines, fees, penalties, and assessments imposed by court order. A working group
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was formed, which received input from 16 superior courts, 15 counties, and three state agencies. Over the past decade, the California Judicial Council has been improving their practices by establishing collections guidelines and standards as well as a creating a definition of “delinquent accounts/payments� for use by the 58 court/county comprehensive collection programs. The state judiciary continues to develop and establish statewide policies, procedures, and processes for the uniform collection of court-ordered debt.
ColleCTions HUrdles The collections process is complicated, and there are a number of hurdles to overcome in getting
delinquents to pay. The California judiciary reports one of the biggest obstacles in the collection and reporting of court-ordered debt is the lack of a single entity with responsibility and authority over statewide court-ordered debt. This lack of authority results in laws being misinterpreted, late reports, and non-compliance. In Florida, clerks participating in a 2012 survey prepared by the National Center for State Courts were asked to identify what they perceive as various barriers to success. Their responses indicated that greater coordination is needed between clerks and judges, and with other criminal justice agencies, in particular state and county probation. More robust information systems are needed in some jurisdic-
tions to improve the efficiency of collection management and enforcement, they furthered. The survey responses also show that some jurisdictions have unique problems. One Florida clerk reported that over 30 percent of the county criminal cases involve homeless individuals. Many counties have large migrant populations that pose unique challenges. The mobility of the public in general is another barrier that courts must overcome. Penn Credit, which is a private company with a diversified client base in government, utility, healthcare and higher education markets, says one of the main challenges they find with court collections (and collections in general) is to skip trace and locate defendants who have moved, or in a situation
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where they were initially provided only partial contact information. Further, once the defendant is found it is still not easy to collect the debt, say Tim Foley, Penn’s collection manager. “Once we successfully make contact with the defendant, it can be challenging to make that individual understand that even though they may have moved to a different city, county or state, their financial obligation does not go away.” Another major challenge is to collect debts from individuals who were previously incarcerated, Foley furthers. “Our goal normally is to establish a reasonable time payment plan with the defendant which allows them to reestablish their finances while still staying within the repayment terms the court has set.” Sometimes courts are reticent about involving themselves in the collections process because they believe the motivation to pay is all about the consequences. But with collection rates now a major focus, experience suggests that consequences aren’t enough, says Frank Pollack, VP, Products and Services with Point & Pay, LLC, which began in 1999 by helping counties in Florida
expand acceptance of tax and motor vehicle payments. Using technology is another way to look at the problem, he says. “Thinking about the way people pay their debts—phone bills, loans, utilities—we’re trained from a young age that you can pay for anything anywhere, anytime. When that capability isn’t available, it creates a gap. Maybe someone wants to pay the moment they get their paycheck, or the instant they find a ticket crumpled up under the seat. If the technology isn’t available to facilitate that payment right when that impulse occurs, the payment may never happen at all.” Point & Pay creates and integrates electronic payment systems that enable clients to accept card payments onsite or via telephone or Internet, 24/7. If a court chooses to enter into a collections program, there is a proper way to go about the collections process, and though these defendants are scofflaws, the mission of Penn Credit is to treat them in a “respectful, yet aggressive manner.” “We have received a higher number of defendants who have been sent to a collection agency for the first time, which has resulted in our staff educating individuals on what it means to be sent to a collection agency,” explains Penn’s Foley. In addition, the current climate is that there has been an increase in the number of partial payments a defendant is required to pay in order to satisfy a balance, he points out. Of course there are pitfalls in choosing a collections agency, and a bad choice can place an ugly mark on the public’s perception of the court. Says Foley: “The hired collection vendor is an extension of the court and the defendant often is a constituent/voter in the local area, so showing respect and acting professionally is paramount. “ He adds that Penn Credit aims to “continue to make internal investments to improve the customer experience when interacting with our office, from additional payment options to increased training and education for our collection staff who are able to respond to the defendant’s questions.”
PerformanCe sTandards In 2012, as noted above, the National Center for State Courts prepared a report to the Florida Clerks of Court Operations that studied the effectiveness of collections in Florida courts. Through the leadership of the CCOC, Florida clerks have established collection standards as a yardstick for measuring performance. Data for the most recent two fiscal years shows that statewide collection rates for criminal traffic substantially exceed standards. The statewide averages for county criminal and civil traffic are just under the standard but showed improvement in 2011/12. Circuit criminal cases appear to be the most diffiApril/May 2016 14
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Source: Study of the Effectiveness of Collections in Florida Courts
cult to collect, mirroring the experience in other states (see chart above). Florida continues to be a leader in collecting and publishing performance data, the report states. This information helps the CCOC and individual clerks determine where to focus their efforts to improve compliance rates, as well as identifying factors that contribute to more effective collections.
Tools & solUTions The report notes that there are a number of collection enforcement methods not currently authorized in Florida statute that have proven to be successful in other states. These include vehicle registration holds, professional and recreational license holds, enhanced civil enforcement procedures, fine amnesty, and warrant sweeps. The passage of federal legislation authorizing the collection of courtordered financial obligations through tax offset or intercept would give Florida’s clerks and courts additional leverage. A number of states have successfully implemented similar programs to offset state income taxes. Regulations and enforcement mechanisms vary by location, court type, and the type of infraction, says
Foley. “Our collection staff utilize a variety of tools during the collection process including dunning notices, automated batch and web-based skip tracing resources, automated and live dial call strategies, as well as providing defendants with numerous easy and convenient payment options (e.g. pay by phone, website). After making contact and qualifying a defendant, we often enter into payment arrangements, and we strive to establish a recurring automatic transaction tied with a checking account or credit card.” Courts themselves can assist with the collection process through several enforcement mechanisms, Foley points out, such as driver’s license suspension, vehicle registration hold and/or the possibility of re-appearing in court. Previously, courts had the ability to use credit bureau reporting as a collection tool, however, the credit bureaus will no longer allow the reporting of court debts beginning June 2016 since they are not credit-related transactions. Point & Pay’s approach is all about “making the best technologies available in bill payment processing—web, mobile, text, electronic documents, installment plans— available to every court, without major investment in the technology or resources,” notes Pollack.
These are a few technological choices from Point & Pay: Websites with mobile interfaces: “The core of what we do is building great websites,” says Pollack. “We utilize style elements from the courts’ logos and color palettes over very clean, usable templates. On the sites, we present bills and balances with integrated look-up functions so that users know they are in the right place. Our sites are designed to look great on computers, phones, or tablets—anywhere and anytime someone gets the impulse to pay.” eBilling: Electronic billing is a popular product for Point & Pay because it represents a cost savings over paper. It is also convenient, Pollack adds, because the person is just a click away from completing their payment. “Once we’ve built that electronic relationship with a customer we can use it to send frequent communications by email or text. Persistence pays.” Installment plans: With the increased focus on collections, Pollack says they observed courts becoming a lot more flexible in terms of offering installment payment plans. Its product offers secure tools for setting up recurring payment schedules, storing payment methods, and facilitating all of the communications needed to administer the plans. Mobile cashiering: Point & Pay has clients in Ohio that installed its payment technology right in their cruisers so that they could collect on a ticket at any point while the person was there, Pollack says. Forte Payment Systems is another vendor that offers payment solutions. Its multi-channel payment solutions give customers the convenience of making payments through Internet, IVR (phone), point of sale, mobile and kiosk, points out Tim Dixon. “Though this is only scratchContinues on page 28
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BY BILL SCHIFFNER, CONTRIBUTING EDITOR
DRUG AND ALCOHOL TESTING PROTOCOLS IN THE COURTS EARLY STAGE TESTING CAN HELP IN THE LONG RUN. pretrial period of criminal justice processing represents a very important opportunity to identify those who could benefit from substance abuse treatment and begin to engage them in the process. Providing effective services at this early stage of involvement with the criminal justice system can result in heightened motivation to seek treatment and decreased recidivism. Drug courts and other diversion programs hold considerable promise for engaging and retaining offenders who have substance use disorders and for reducing substance abuse and criminal recidivism during periods of program participation and following program completion.
THE
Drug Testing Providing Solutions
June Fields account manager, specializing in Criminal Justice at
OraSure Technologies reports that drug testing, in general, helps probation, parole, and pretrial release agencies in supervising their clients by ensuring compliance with their conditional release requirements through drug testing. “Oral fluid drug testing has been a great addition to their testing programs because of its convenience in the field. Field officers have safer working environments because they do not have to enter a client’s home in order to observe a urine collection or wait around for clients to void when there are ‘shy bladder issues.’ Lab-based drug testing also helps officers avoid confrontations when having to report positive test results to what could be an impaired client,” she adds.
Different Approaches
Alison Betts, manager of marketing and public relations at Alcohol Monitoring Systems says that more and more courts are recognizing
that a one-size-fits-all approach doesn’t work when it comes to monitoring client sobriety. “For example, alcohol-involved clients span a wide range of risks and needs, and courts are looking for a toolbox of technologies to meet the needs of their diverse caseload and improve outcomes, both for their program and for their clients.”
Onsite Testing Provides Savings
Joe Tuggle, director of sales, American Screening, LLC, says he is seeing more testing being done onsite. “There are more advantages to having testing done that way. Products such as our Rapid Drug Testing Cups provide results in five minutes or less. Onsite also offers huge cost savings as only positive tests are sent in for confirmation.” He adds that saliva tests are being used for the transgender population in some California Drug Courts. April/May 2016x
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Portable Technology Trends
“More portable alcohol monitoring technology—like new, handheld, cellular units—can capture the client’s photo, pinpoint via GPS where the client took or skipped a test, and report immediate violation notifications to the monitoring authority within minutes,” says Jacquie Sheehey, director of S.M.A.R.T. Mobile Solutions. “Immediate notification is especially beneficial, because it allows the monitoring authority to know if a client has had an alcohol event, and the monitoring authority is able to impose a sanction when necessary,” she adds.
More Drug Testing Options
Kevin Barta, senior marketing manager at Thermo Scientific, says there are more drug testing options in these areas and one recent trend involves heroin being “cut” with illicit Fentanyl compounds. “These compounds are many times more potent than heroin, leading to an increased chance of overdose. As Fentanyl is not readily detected using traditional opiate screening methods, a more specific and sensitive assay is needed. Our DRI Fentanyl assay is sensitive and specific for parent Fentanyl, and excellent detection capabilities for acetylfentanyl and butyryl-fentanyl. The DRI Fentanyl assay gives Drug Courts an additional tool to assure program participant compliance.” Kim Mulcahy, product manager, Thermo Scientific adds they are also able extend the detection time for hydrocodone and its major metabolites by using the Thermo Scientific’s new DRI Hydrocodone Assay. “This FDA cleared assay has excellent cross-reactivity to the metabolites hydromorphone and hydromophone-glucuronide, present in the
urine longer than hydrocodone, and has the requisite sensitivities to meet the newly proposed SAMHSA guidelines. The assay utilizes liquid, ready-to-use reagents which can be run in qualitative and quantitative modes,” she explains. Here’s a look at some of the latest drug and alcohol testing products and services for court agencies.
LABS & FIELD TESTING Rapid Urine Drug Test
The Discover ETG Rapid Urine Drug Test offers an easy, accurate test for elevated levels of alcohol, states the firm. It provides up to 80 hours detection for alcohol. Read results at 5 minutes and the results are stable for 1 hour. Cut-off is 500 ng/mL and it is comparable to lab tests. www.americanscreeningcorp.com, 1.318.798.3306
enrollee-administered breath alcohol screen. The system will detect down to .001 BAC. Results can be emailed or text messaged to an administrator or case manager instantly. MobileBreath is accurate using the United States Department of Transportation approved AL 9000 AlcoMate Fuel Cell breath testing technology. It is small and lightweight and stored and transported in a stylish computer bag. www.streetimetechnologies.com, 1.877.727.7764
Mobile Testing Drug Testing Services
2WM offers random or scheduled observed urinalysis collection that is tested by a certified toxicology lab. All 2WM facilities are set up to conduct in-house drug testing. Their drug testing programs use strict protocol and proper chain of custody practices to ensure integrity with every sample collected, providing solutions for an agency’s alcohol and drug testing needs. http://2wm.com/, 1.866.230.5269
The IN-HOM Sobriety Monitoring and Reporting Technology (S.M.A.R.T.) Mobile is a battery-powered, handheld, portable alcohol-monitoring device that offers a high level of conve-
Mobile Breath Test
The MobileBreath Continuous Alcohol Monitoring System is reliable and fast, and automates breath alcohol testing with a 90-second
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nience. With facial detection, a built-in camera, anti-circumvention features, affordable pricing, and up to 10 daily customizable testing windows, the S.M.A.R.T. Mobile can serve as a helpful monitoring tool for offenders of all risk levels. http://www.smartstartinc.com/, 1.800.880.3394
Detection of Hydrocodone
Thermo Scientific’s DRI Hydrocodone Assay has the requisite sensitivities to meet the newly proposed Substance Abuse and Mental Health Administration (SAMHSA) guidelines (using a 300
recently announced that oral fluid drug test results from its DT5000 were found to be scientifically reliable in a Kelly-Frye hearing for a vehicular manslaughter case in California. www.draeger.com, 1.866.385.5900
Oral Fluid Collection
OralStat from American Bio Medica Corporation combines the convenience of oral fluid collection with the sensitivity, accuracy and precision of a laboratory-based test providing results in minutes. Oral fluids drugs of abuse testing are a ng/mL cut-off). Hydrocodone is considered to be one of the most frequently prescribed and misused opiate drugs in the U.S. The DRI Hydrocodone Assay is a homogeneous enzyme immunoassay that specifically detects hydrocodone at the 300 ng/mL cut-off and has excellent cross-reactivity to the major metabolites hydromorphone and hydromorphone-glucuronide. www.thermoscientific.com, 1.800.232.3342
Mobile Testing
The Dräger DrugTest 5000 is an easy-to-use mobile drug screening system that uses oral fluid to test for seven types of the most commonly abused drugs. This quick drug test provides a non-invasive alternative to the hassle of collecting urine or blood samples. The company
that enables accurate testing for drugs of abuse including marijuana, cocaine, PCP, amphetamines and opiates. With a fast and easy-toadminister collection process, within 5 minutes the collected specimen is placed into a preservative solution vial for transport to the laboratory for processing with the FDA-cleared Intercept Drugs of Abuse assay. www.orasure.com, 1.800.869.3538
In-house Drug Testing
TASC is a full-service laboratory providing in-house drug testing for multiple media types and test selections. The TASC laboratory technical staff meets or exceeds forensic drug testing education and training requirements defined by the regulatory and accrediting agencies of the College of American Pathologists (CAP), Substance Abuse and Mental Health Services Administration (SAMHSA) and CLIA Centers for Medicare and Medicaid Services (CMS). www.tascsolutions.org, 602.254.7328
Fingernail Testing great supplement to your existing drug testing program. It eliminates the need for a bathroom and all collections can be observed. http://abmc.com, 1.800.227.1243
Nail keratin is four times thicker than hair keratin, more stable, and extremely difficult to adulterate, resulting in a longer window of detection, up to 3 months for alco-
Oral Fluid Drug Test
The Intercept Oral Fluid Drug Test is an FDA-cleared laboratorybased oral fluid drug testing system
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hol, and up to 6 months for substances of abuse. Drug and alcohol biomarkers may show up in keratin specimens within hours of ingestion, depending on the dosage, with concentration levels maximizing 2 weeks after ingestion. www.usdtl.com, 1.800.235.2367
Drug Testing
The Thermo Scientific DRI Fentanyl Assay is the newest immunoassay in its drugs of abuse
test menu. Some of the unique features of this assay include: liquid ready to use, excellent precision, no cross reactivity to structurally related compounds, excellent correlation to LC-MS/MS, no daily calibration required, 2 ng/mL qualitative cutoff. www.thermoscientific.com, 1.800.232.3342
Lab Services
Phamatech is a SAMHSA certified, California Clinical and CLIA certified laboratory providing stateof-the-art laboratory testing. Phamatech is committed to manufacturing products and providing services that enhance their customer’s medical care, health awareness and quality of life by aiding in the early diagnosis of medical conditions in a cost-effective manner. http://phamatech.com, 1.888.635.5840
Saliva Alcohol Test
Q.E.D. Saliva Alcohol Test is a CLIA-waived and DOTapproved, onsite, rapid, lowcost alternative to breath or blood testing. Q.E.D. is easy to administer and provides quantitative results comparable to a blood test. Q.E.D. is ideal for use in workplace, criminal justice, drug and alcohol treatment centers and clinical setting screening programs, among others. www.orasure.com, 1.800.869.3538 Continues on page 30
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B Y M I C H A E L G R O H S , C O N T R I B U T I N G E D I TOR
THE RECORD HOLDERS SVSI, A HARMAN SUBSIDIARY, MAKES VIDEO AND AUDIO SWITCHING TECHNOLOGY THAT IS PARTICULARLY SUITED TO THE DEMANDS OF COURTROOMS.
These audio visual capabilities capture the gold, but it’s accurate content, not medals, they gain. Police TV shows overstate the technology available to law enforcement. Courtroom TV shows understate the technology available to the judicial system. Technology used in courtroom dramas is often the same as it was in LA Law or even Perry Mason for that matter. (Oddly enough, in both TV and real life situations, the reason very might be because of limited budgets.) Recordkeeping is an important job in the judicial arena. Every court requires that a record be kept, and almost every court requires a written record. (Kentucky is the only state that does not require a written transcript and allows sole recorded audio for recordkeeping.) Fred Lederer, director of the Center for Legal and
Court Technology (CLCT), points out that judges and lawyers often prefer text records, but the method in which to obtain that record has evolved much faster than what is shown in prime time. Good court reporters, he notes, are highly skilled and can do an outstanding job of taking down rapid conversations. Those skills can be expensive, though, and no matter how good they are, even a great court reporter cannot make a quality record when people are talking over each other or speaking too fast. “It’s hard to remember that someone has to keep up with you.” Many courts are now asking whether they should have a person taking notes or if the court should be taking log notes. Both have advantages. For one, a good reporter can warn the judge when such a thing is
happening. (For example, CLCT uses two red lights as a signal: One for a reporter to warn the judge if people are speaking too quickly or interrupting one another, and there is another to warn the court that a record is not being kept.). Audio and video (AV) can more accurately capture body language, inflection, tone, and mood. One primary audio visual development, says Lederer, is more and more courts are going digital. The methods of transcription are evolving. Courts are also increasingly asking, Are we going to be audio, or are we going to be audio visual? There are also a multitude of methods of recordkeeping. In the past, the return on a transcript might have taken weeks to receive through the mail. Transcription can now be written remotely via the Internet by
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multiple transcriptionists working at once. Now, says Lederer, it can be done within 20 minutes of the words being spoken in a courtroom. Another trend in recordkeeping was developed with the jury in mind. Before, during a bench conference, attorneys would have to whisper to the judge, says Adam Lofredo, director of Justice Division at Conference Technologies, Inc. But now, with a whole integrated system, in the event of a sidebar, a white noise generator can pump sound over the jury so they can’t hear the conversation, but the judge, attorneys, and court reporter can. As Cathy Hand, marketing strategy manager at Harman furthers, “AKG microphones with customizable buttons configured in “push to talk” are a solution that provides crisp audio clarity while reducing the
potential for background noise during testimony and ensure confidentiality of sidebar conversations.” There is, says Lofredo, also the matter of voir dire (jury selection). The gallery and the jury box are not equipped with microphones, so when questions are being asked, it has been a challenge to record it. Now, if it is a big case such as a capital murder trial, the lawyers can go back and listen to the record.
SOUND CONNECTION
Sue Humphreys, director, Industry Solutions at CourtView Justice Solutions, says, “Any case you can make to record something can be made for the courts.” What CourtView provides is a link between the recording and the Case Management System. That includes everything from the moment the case
is filed to the sentencing. This allows access to court records including links to links within the record, so if a witness takes the stand at 11:15am, a tag can be set to link to that specific moment to the system. If a judge hears 25 cases in one day, those individual records can be individually tagged and linked and pieces of individual hearings can be isolated, so if a piece of a transcript seems important, that section can be tagged. The possibilities for recordkeeping seem limitless. CLCT is the most technologically advanced courtroom in the country, and in that courtroom they conduct experimental trials. One of the more recent trials, says Lederer, was one in which CLCT, For the Record, and Occulous Rift made a complete virtual reality court record. The viewer can now place the headset on and
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see and hear the trial as if he or she had been present. If she looks ahead, she will see the judge. If she looks right, she will see the jury. If she looks behind her, she will see the courtroom with the same view as those who were actually there. The following are several more of latest offerings to hit the courtroom.
CourtSmart
Virtual courtroom extends the courthouse beyond the four walls. Judges go “On The Record” from any location with any device from a smartphone to a landline connection. CourtSmart uses its recording servers, installed at your courthouse, to capture and manage the conference. When a call is initiated, the parties hear an automated voice message stating, “You are on the record.” Thereafter, every 30 seconds a beep tone is heard to assure the parties the recording is still in progress. Judges are using the CourtSmart’s virtual courtroom to issue search warrants, protective orders, commitment or medical treatment orders, and for emergency domestic security issues. Judges go on the record with confidence because CourtSmart is creating an accurate secure recording. www.courtsmart.com, 1.800.235.8690, sales@courtsmart.com
CLCT
The Center for Legal Court Technology (CLCT) at the Wythe School of Law at William and Mary is home to the McGlothlin Courtroom, the most technologically advanced courtroom in the world. It is not only a courtroom. It is a laboratory and a classroom in which experimental trials are conducted as testing grounds for the latest advancements in courtroom and legal technology. The courtroom uses the latest generation of court reporting technology, which includes the ability to publish on the Internet in real time. The Center
SVSI ENCODERS AND DECODERS ARE USED TO ROUTE VIDEO AROUND A COURTROOM USING THE EXISTING NETWORK INFRASTRUCTURE FOR TASKS LIKE EVIDENCE PRESENTATION, REMOTE DEPOSITIONS, OVERFLOW, OR TRANSLATION SERVICES.
continuously upgrades its equipment and platforms to stay at the forefront of emerging trends. One of the most important uses of the Courtroom is as a training ground for tomorrow’s lawyers, which is part of the Legal Practice Program at the Law School. www.legaltechcenter.net, 757-221-2494, clct@wm.edu
CourtView
Instantly link to your court recordings directly from the JWorks CMS through its Event Link API. Depending on your court recording software, the JWorks Event Link will let you capture and share recording and case/event data between systems and can synch your A/V (or other) records with specific court proceedings and cases. A URL from within the JWorks CMS/event record will allow an authorized user to quickly review the recording—or even a specific segment—without having to access the recording system separately. Since the JWorks DMS handles virtually any file type, you can optionally store certain recordings directly in JWorks if preferred. www.courtview.com, 1.800.406.4333, info@courtview.com.
Harman
Court participants including jurors, judges, litigators, witnesses, clerks,
court administrators, as well as the public and media, have come to expect the same sophisticated media systems used in conference rooms. SVSI, a Harman subsidiary, makes video and audio switching technology that is particularly suited to the demands of courtrooms. Its encoders and decoders are used to route video around a courtroom using the existing network infrastructure for tasks like evidence presentation, remote depositions, overflow, or translation services. The N2000 product line uses a JPEG2000 compression codec for high-fidelity, low-latency applications like document cameras, DVD players, PCs, laptops, or cameras. This intraframe codec is highly tolerant of biterrors for robust, faithful video presentation. Its N3000 encoders and decoders use H.264 for long-distance low-bandwidth applications at high fidelity over qualified networks or over the Internet. Encoders convert raw video and audio to IP packets that are switchable and routable just like any other data on the network— and can be protected using the same security measures applied to data and/or voice. Decoders convert each IP stream back into synchronized audio and video for presentation on displays or projectors. www.harman.com, 1.800.222.0193, whitney.bosch@harman.com
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JAVS
JAVS’ Premier Line offers an audio/video recording solution that includes all hardware and software necessary to create, manage, publish, and view a complete, permanent record. The Premier Line can be used for courtroom proceedings, judges’ chambers, depositions, and more. Central to the Premier line is the Centro processor. This Ethernet-controlled audio and video switching system assigns each person an individual mic and camera, producing a natural, smooth-looking audio/video production without the need for an operator. Centro can be used to control public versus private address. With the touch of a button, Centro can mute
all public audio and video outputs whenever a private conversation is taking place. When a private conversation is required, it can mask sound by outputting white or pink noise over up to eight independent audio outputs. In addition, the processor is capable of providing one-way, twoway, and three-way conferencing. www.javs.com, 1.877.JAVS.HLP
Revolutionary Text
RevolutionaryText transforms the official court reporting function into a virtual solution. Remotely located stenographic reporters monitor, capture, and produce text of the proceedings in real time. The reporter can read back and commu-
nicate with the judge and other onsite participants. Persons who appear by video conference are incorporated into the virtual private network. Real-time text and immediate rough drafts make the judicial process more efficient. Final transcripts are produced by the RevolutionaryText production team
to eliminate transcript backlog. Virtual reporters are the solution for any jurisdiction where official reporters are not readily available, with the added benefit of real-time text of every proceeding. www.revotext.com, 415.952.5255, info@RevoText.com
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BY DONNA ROGERS, EDITOR
GOING DIGITAL IN DALLAS BEFORE ADDING ELECTRONIC DISPLAYS, RE-HOLDING HEARINGS DUE TO LATE ARRIVALS HAD COME TO BE THE NORM. ith more than 45 courtrooms spread out over nine floors, including 15 civil district, five county civil, 11 family and three probate courts, the Dallas County Court was a self-proclaimed “organized chaos.” It's a familiar story: Litigants coming to the facility were unfamiliar with the flow, and even if they got directions they often didn’t understand them, security queues filled the lobby, and throngs of people milled about and stalled in front of the elevators confused about where to go. With so many people moving in so many different directions—from litigants to large jury pools on certain days, and others—“it got pretty chaotic,” acknowledges John F. Warren, the Dallas County clerk. Of course, he furthers, visitors would prefer to focus on the reason they came to court, not where they were going. But the reality was they had to “scramble around to find their courtroom, and the result was they were often late to their hearing.” It seems that litigants actually had been arriving to the courthouse
W
on time, he notes, only to be delayed by wandering lost through the facility, and arriving at the courtroom after the judge had called the case. The judge would award the party present whatever remedy they were seeking, only to find the other party had been on premise. At that point, the judge would attempt to restart the hearing, sometimes only to find out the original party who had been present had left. Therefore, everyone would need to remain until all the parties were reassembled. “We were basically duplicating the entire process and wasting a lot of time,” he explains. Re-holding the hearings was not infrequent. “It was a regular occurrence that was happening four or five times a week,” explains Warren. To address the issue, choosing digital docket displays was “intuitive,” he says, an obvious solution to streamline the process and provide much needed efficiency. In 2014, with plenty of support from the county, commissioners and judges, Dallas County Courts went live with DocketCall displays from Infax.
Crowd Control
Now with eight displays located strategically in the lobby, visitors can check screens even before they go through security. “It’s been phenomenal,” believes Warren. “It lowers the stress levels of the litigants, it’s one less thing to worry them. And it serves as crowd control; rather than gather around elevators they know exactly where they are going and they can get there in a timely manner.” DocketCall automatically pulls from the Dallas Courts’ Odyssey case management system (from Tyler Technologies) so that they do not have to engage their IT department, details Warren, so it runs without input from staff, freeing them up to concentrate on other duties. Since the tool was deployed, judges can stay on track in regard to their hearings and litigants, and it's a rarity if a hearing is delayed due to a party wandering the building. Warren says they are also using Infax’s public notice system, CourtBoard, with good success in
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the commissioner’s court building, and after a move later this year they have plans to roll out a check-in kiosk in the Truancy Court for use by all involved in each case. Then the judge will know in real-time when parties are present in the building.
Chaos to Competence
Eight lobby displays keep visitors to the Dallas County Court on schedule for their court proceedings.
Overall, Warren is pleased with the results garnered. Each of the courts in Dallas County holds a daily docket with an average of 30 cases, and each year more than 100,000 cases are filed throughout the county. With a case load that keeps visitors bustling throughout the courthouse, employing digital signage has helped the Dallas Court change organized chaos into just plain competence. CT
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s: nes,
Continued from page 16 Courts are increasingly setting up payment plans that take into account the person’s ability to pay.
ye rev-
ing the surface,” he says, “professional licenses, real and personal property tax, sales tax, motor vehicle driver’s license and sticker renewals, vital records, utilities, and court fines and fees are just a few examples of the types of payments Forte can process.” On top of that, he continues, our systems are also Level 1 PCI compliant and we closely follow the guidelines of the card associations, so courts can be assured payment data is safe and secure.
GaininG ComplianCe Just as judges and clerk staff expect that jail sentences, community service, and treatment orders will be complied with, there should be a similar expectation that fines, restitution, and other penalties and reimbursements will be paid unless the defendant is legitimately unable to comply due to indigence, notes the NCSC Florida report. A few states have established statewide programs in which they have conducted research, developed standards and improved compli-
ance. In 2005, for example, the Texas legislature enacted legislation that requires cities with a population of 100,000 or more, and counties with a population of 50,000 or more, to adopt a collection improvement program based on the voluntary model. The Texas Office of Court Administration estimates that in the five-year period from 2006 through 2010, the mandatory collections improvement program has generated over $340 million in additional revenue. Michigan and Arizona have also established policies that address noncompliance, adopted policy on collections, and have increased revenues. In California, one indirect success the Judicial Council achieved is in funding its Victim Compensation program. The court-ordered debt program was not designed to improve the collection of victim restitution orders; however the adoption of the best practices and other efforts has led to increased collections. It allows that cases that have delinquent debt can be collected by a court, county, private vendor, or the
Franchise Tax Board-Court Ordered Debt program. Thus, from FY 19931994 to FY 2003-2004, the FTB-COD program collected more than $1.4 million. From FY 2004-2005 to 20082009, after a statewide initiative began, the FTB-COD program collected more than $6.5 million. With budget shortfalls constricting courts’ operations, there continues to be increased concern to research better methods for compliance, whether it is researching collections methods and creating standards and best practices, drafting legislation to enhance collections, or applying new technologies that can help edge their compliance rates up. Foley at Penn Credit explains a policy of theirs that achieves best results: “Overall, we have the most success when the court refers delinquent accounts to collections in a timely manner after their internal process ends, ideally within 45 days. This provides a consistent message to the defendant and demonstrates to them as well as to the public that the court is serious about collecting all financial obligations.” CT
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Drug Test Wipes
placed throughout the courtroom can be played back, isolating the relevant microphone for each speaker to allow for easy transcription if necessary. The verbatim record gathered by A/V includes the exhibits played by laptop, with both picture and sound conveniently captured in one place with the entire court record. For example, a state trooper might bring a video of the defendant’s sobriety tests on a laptop to display. The same A/V system that preserves the video in the official court record also plays the audio from it on the PA system and shows the video from it on the courtroom monitors—allowing judge, jury, and the public to see all that needs to be seen to get the full picture during the trial, and an appellate court can see it all after the trial. Photos and pdf files can also be integrated right into the court record, allowing everyone accessing the record to actually see everything, not just the written transcript.
ALCOLOCK USA is the exclusive distributor of DrugWipe drug testers in the U.S. DrugWipe offers a range of drug testing solutions that provide convenient and reliable results, and are ideal for field use. DrugWipe drug testers are used to detect trace amounts of illegal substances on various surfaces and also on skin. It is a multipurpose tool
used to effectively to screen up to five drug groups at one time. They are also used to detect drug consumption specifically in saliva. These devices are quick and easy and require the lowest sampling volume in the industry. Their rugged test cassette is designed for safe transport and hygienic handling. www.alcolockusa.com, 1.888.937.9646
AD I N D E X
COMPANY
PAGE NO.
APPA................................................29 Computing System Innovations ..........................25, 27 CourtView.......................................15 eCourts............................................31 Infax...................................................2 JAVS...................................................5 Journal Technologies ....................11 Penn Credit.....................................13 Streetime ........................................21 StunCuff Enterprises, Inc. .........................14 Telmate ...........................................23 Thermo Fisher Scientific ...............19 Tyler Technologies.........................32 Xerox .................................................7 This advertisers index is provided as a service to our readers only. The publisher does not assume liability for errors or omissions.
Digital Court Records = Cost Savings
According to the Bureau of Labor Statistics, there were 18,330 court reporters in the United States in May 2014. The BLS reported that the mean annual wage for court reporters as of May 2014 was $55,000, and the top 10 percent earned more than $94,140. This does not include the additional benefits such as health insurance that court employees may earn. Thus, though the physical presence of a court reporter in a courtroom may feel familiar to some, it comes with substantial, continuing costs. As Lee Suskin determined in the 2012 National Center for State Courts Final Report “A Case Study: Reengineering Utah’s Courts Through the Lens of the Principles for Judicial Administration,” eliminating courtemployed reporters in Utah and using A/V records “has not only saved more than $1,350,000 per year, but has resulted in a more efficient way to deliver transcripts.” If transcripts are needed, the work is performed by private transcribers from the A/V records without the court having to handle the transcript requests. Where 50 trial court clerks used to handle transcript
requests, now it is done with only 1½ court employees, and the number one cause of delay for the Court of Appeals in Utah has been eliminated.
Extraordinary A/V Court System Available Now
With 35 years of A/V design in partnership with the justice system, the JAVS digital recording system allows a complete verbatim record of court proceedings to be made including exhibits that can be captured by video and/or audio. The trial court record can be accessed immediately for copies and stored in a small, secure metal cabinet that holds about four years’ worth of court records before any purging is required. JAVS FlexCams are unobtrusive while providing a clear picture from different courtroom angles. JAVS FlexMics are highly sensitive to the environment around them. When you buy a JAVS system, it is set up to your particular courtroom requirements by “tuning” the room—taking out the feedback noise through filters and equalizing the sound pick-up. During set-up, JAVS provides the training for the court clerks to master the recording software to ensure a high comfort level with the A/V system (the hardest part is usually remembering to hit “record”). JAVS makes sure that the system meets your standards with a post-installation one-year warranty provided and, after that, service contracts with routine maintenance. Eager to learn how your court might benefit like the over 6,000 courts already using a JAVS system? Want to dive in-depth into the legal difference between a court-of-record and a court-not-of-record (and why accurate court records are so important)? Or want to find out more about cost savings with digital recording generally, or in the Commonwealth of Kentucky (which no longer uses court reporters) specifically? Then visit our website at www.javs.com/courtstoday where you will find white papers focused on the evolving importance of digital recording to ensure accuracy and preservation of the record for tomorrow’s justice system.
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