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Devember/January 2015
CHANGE SERVICE REQUESTED
Courts Today 69 Lyme Road, Hanover, NH 03755
Benefits of Sharing CMS Data
Vol. 12 No. 6
Choosing the Right Interlock Device
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with alternative & diversion programs
Publisher & Executive Editor Thomas S. Kapinos Assistant Publisher Jennifer Kapinos
D E C E M B E R / J A N U A R Y 2 015
Editor Donna Rogers
VOLU M E 12 N U M B E R 6
Contributing Editors Michael Grohs, Bill Schiffner G.F. Guercio, Kelly Mason
F EATU R E S
Art Director Jamie Stroud
6 Benefits of Sharing CMS Data 14 Ways to Beat A Drug Test Cheat
26
20 Choosing an Interlock Device Which IID Is Right for You?
Marketing Representatives Bonnie Dodson (828) 479-7472 Ben Skidmore (972) 587-9064 Art Sylvie (480) 816-3448 Kristie Thymes (972) 782-9841 Peggy Virgadamo (718) 456-7329
26 Pointed in the Right Direction: with alternative & diversion programs
Trends in Digital Signage & Other Electronic Devices
is published bi-monthly by: Criminal Justice Media, Inc PO Box 213 Hermosa Beach, CA 90254 310.374.2700
31 The Power of Interpretation Technologies
Send address changes to: COURTS TODAY 69 Lyme Road Hanover, NH 03755 or fax (603) 643-6551
DE PARTM E NTS
4 Courts in the Media 34 Ad Index 6
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CO U RT S I N T H E M E D IA REIMAGINING COURTS, A NEW BOOK PROMOTES PRACTICAL REFORM IDEAS EXCERPT OF THE BOOK: Imagine that you are a potential litigant with a legal problem. You think you want and need a legal decision from a court, but you are not sure. To begin the process, you navigate online to the litigant portal for your jurisdiction. The portal is maintained by a group of legal services organizations. Much like TurboTax, the portal asks you a series of simple questions to determine the type of legal dispute. On the basis of your answers, it advises you to either drop the case or to proceed with one of several possible organizations and process. The court uses information from the portal about the case characteristics to select the appropriate initial channel for case management. If you have already indicated through the portal a preference for the case track, the court initially honors that request, although it may separately assess whether your chosen track is appropriate. If it disagrees with your choice, it may indicate so, but the choice is still under your control. Within the court, the case is automatically assigned to somebody for the next processing step. We describe it this way because who that person is varies dramatically according to the type and status of the case. This is the step where it starts to get interesting.
Several commentators have recently suggested that this revolution in the legal services industry is a good thing, even though it will probably cost the bar jobs and revenue from low-skill tasks that others now perform. Why is that? The answer is that lawyers now spend much more of their time performing high-skill tasks, which is, after all, what they were trained to do. There may be fewer attorneys, but their jobs are more interesting and more lucrative. One pundit termed this phenomenon “practicing at the top of their license.” A similar trend occurred over several decades with health care and doctors. Doctors used to see all patients for all types of maladies. Now services are unbundled in two ways. First limited health care services are provided in a wide variety of local walkin clinics—some are even available in drug stores—where no appointment or prior relationship is required. Patients can schedule same-day appointments, get test results, or request a prescription, all on their smartphones. This change broke the old model, where patients had to see family doctors or specialists by appointment and hospitals did everything else. The book is available in cloth or electronically by visiting http://www.temple.edu/tempress/titles/ 2334_reg.html.
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B Y G . F. G U E R C IO , C O N T R IB U T IN G E D I T O R
Integrating CMS
Widens Uses CASE MANAGEMENT SYSTEM (CMS) integration or data sharing with other agencies ensures vital information reaches across the entire justice system ensconcing not only courts but police, prisons, probation, parole, prosecutors, and data record agencies. CMS providers address funding, privacy concerns and an increasingly seamless justice system with mobile interaction and cloud
Integration or data sharing with other agencies ensures vital information reaches across the entire justice system.
compatibility as these issues and advancements appear on the horizon. “With the maturing of integrated justice standards over the last decade, the days of having to wait for paper to catch up with complaints, petitions, jail bookings, and other important filings and activity are all but over,” says Sue Humphreys, director of Industry Solutions, CourtView Justice Solutions Inc. “The ability to share data with outside agencies—from law enforcement to prosecution to corrections—lets the courts interact
with justice agencies much more quickly, and even more importantly, much more accurately than ever before.” Some of the most beneficial exchanges she notes include identity matching algorithms and verification—which works especially well when agencies agree to share information like federal/state/local person IDs, contact and employment information, known aliases and relationships, and even risk/need assessments that often come from pretrial and corrections. Courts are at the center of many justice partners, adds Manoj Jain, vice president, Thomson Reuters Court Management Solutions,
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including law enforcement, probation/parole offices, prosecutor’s offices and mental health professionals, thus “it is vital to have a system in place that can effectively and efficiently share information across legal verticals.” He also cautions, “The issue of privacy is always top of mind when it comes to information sharing in the courts. At times, courts and justice partners handle very sensitive information that must be protected from the public, and securing integration points and creating rules that enable the exchange of information while protecting privacy is crucial.” Michael Kleiman, director of marketing for Tyler Technologies’ Courts and Justice Division agrees, noting, “It is critical that systems sharing information across agencies and justice partners have sophisticated capabilities for assigning and enforcing security across both data and documents. Having a flexible and easy way to manage editing and viewing of information via rights and roles allows control over what can be accessed by only the appropriate personnel.” He notes, frequently shared information includes warrants, court hearings, evidence, inmate/party information, and updates on charges. And he adds on a positive note: Benefits of an integrated system include time saved waiting for information from another office, and reduction in time and errors reentering data in different systems. “One of the most interesting characteristics of implementing case management systems is that the size of the jurisdiction does not change the requirements of functionality required from a case management system,” furthers Rex Arnold, president, Alliance Renewable Technologies, Inc. For a small jurisdiction, a system needs to support regularly moving between several
different tasks within the system. A large jurisdiction with hundreds of users will usually have specific departments for handling one or two functions that are high volume. “There are numerous areas that this applies but one that is the most volatile is payment processing,” he states, adding, “A good case management system with financial processing should be able handle these situations in a straightforward way.” Whether volatile or straightforward, data sharing brings other
issues to the table. “Court administrators should consider several items when sharing information with outside agencies, one of which is funding,” says Ryan Crowley, vice president of Sales and Marketing, Pioneer Technology Group. “There are often costs associated with sharing data, either within the CMS or outside of it. It’s recommended that the court administrator determine the access level and format the information will be viewed in, and set the expectation that if format changes are offered, there will be a shared cost.” “In our experience, the primary issue is funding,” says Steve Glisky, ImageSoft vice president and government practice manager. “To overcome this, it’s important to engage key stakeholders at the onset of a major project to create a cohesive plan for all information sharing
activities. Having a solid plan and leadership buy-in is crucial to funding integration efforts with outside agencies and judicial partners.” Integration and information sharing is an essential component of a modern criminal justice system, contends Justice Systems, Inc.’s Ernie L. Sego, president/CEO, creating a progressive Integrated Justice Information System (IJIS).“Our role as a partner with the courts is to stay synchronized with both technological and judicial trends and provide solutions to address those trends for the courts in the most cost-effective way possible. Trends we see on the horizon and which we will work with our customers to implement in their courts include the use of mobile devices to view and interact with judicial data, full compatibility for cloud-based solutions, and a seamless judicial system with more integration among justice-related agencies with more real-time data sharing.” Whether referencing data sharing, integration, or interaction: a CMS provides seamless information streaming for courts and justice agencies through the particular details that follow below. Syscon, Inc.: Court Clerk streamlines court operations providing scanning, indexing, and viewing of documents associated with a case. Flexible interfaces allow transfer of information to/from law enforce-
ment, integrated online payments, telephone reminders, and adjudication information to state agencies to keep all agencies up to date and accurate. Court Clerk uses fingerprint scanners for authentication
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And access to justice is enhanced with a Web portal that guides through court forms.
and electronic signing of forms by judges, clerks, attorneys, and officers. Fingerprint scanners, along with signature pads and PDF generation of forms and reports, allow a court to become virtually paperless.
Thomson Reuters: Court Management Solutions’ C-Track—a leader in appellate and trial CMS systems, eFiling, document management and public access portals—is built on platform-independent technology with a back-end design that allows courts to manage and tailor the system. Using Configuration
Justice Systems, Inc.: FullCourt Enterprise can exchange data with any external system and provides a
powerful back-end infrastructure, an innovative browser-based user interface, and a comprehensive collection of modular tools and applications. Customizable, table-based architecture allows configuration to meet specific requirements while automatically creating/managing unlimited custom documents. A scheduling system manages all participants, hearings and courtrooms, simplifying the resolution of conflicts. The financial system assigns, manages, and collects fines, fees, and court costs, and processes payments. The Service Bus allows data exchange with external systems and includes standard information exchanges including Police Record Management Systems, JMS, EPayments, and more. ImageSoft: JusticeTech enables a court to create a digital paper-ondemand environment where paper is no longer the norm. It extends the court’s existing Case Management System to share a common electronic case file while providing automated workflows to seamlessly move information through the process,
ensuring collaboration, efficiency and swift justice. Workflow is a key differentiator of JusticeTech and the most significant component to a digital court because of the process efficiencies it creates. Pre-configured Workflow Foundations for all courts and case-specific processes can be tailored to automate repetitive tasks and standardize processes across multiple departments. Tyler Technologies: Odyssey is used by courts in more than 600 counties across 21 states simplifying the path to a paper-free court as an end-to-end solution. E-Filing is included, and works seamlessly so that electronic documents are automatically incorporated into case files. Odyssey includes sophisticated document management: Efficiency is improved as electronic workflows automatically deliver documents to the correct queues. Time is saved and errors are reduced when justice partners easily share data with Jail, Attorney and Supervision modules.
Manager enables courts to define data dropdown values such as docket entry types and subtypes, tickler types and case information without technical support, add description fields to specific docket entries and update the rules engine. C-Track's Rules Engine also supports jurisdictional and user-specific interface designs and layouts through its proprietary customer-field generation architectural capabilities. Alliance Renewable Technologies, Inc.: DuProcess Court Case Management system is designed to capture significant data related to managing court cases from their initiation through post disposition. DuProcess provides a client server desktop interface for the entry of information into the system, fully integrated with Microsoft Word for document and forms generation. It is directly integrated with imaging capabilities for scanning and retrieval of case-related documents filed with the court, providing a web-based inquiry for remote access. Remote and desktop access both utilize DuProcess role-based security for
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access rights to information and functions within the system. CourtView Justice Solutions, Inc.: With dynamic caseflow management (DCM) engine, flexible screen builder, and role-driven dashboards and navigation, JWorks personalizes
case information management. Builtin workflow automatically assigns and routes outstanding to-dos and deadlines to appropriate queues and is able to notify, escalate, re-route,
and re-assign. Capability goes beyond caseflow to include person information and specific activities like calendaring, warrants, investigation, financials, docketing, motion tracking, and document/content management. JWorks includes an IJIS/Integrator for agency exchanges; eService portals for inquiry, payments, case subscriptions, and eFiling; and a flexible ad-hoc reporting tool that renders reports including from within case, person, and activity records. Responsive design allows access from any device: Android, Apple, Windows from workstation/tablet/smartphone. Pioneer Technology Group: Benchmark allows courts of any type or size to become paperless. Being highly configurable, it gives the ability to customize workflow and maxi-
mize efficiency. Delivering realtime case access to all parties, Benchmark includes integrated imaging, redaction, and secure access for external stakeholders. The system’s integrated Judicial
Web Viewer brings a new level of functionality and online access for judges. Available nationally, it was recently the first/only judicial web tool certified for use in Florida. Xerox: AgileCourt provides streamlined case filing, including the ability to accept cases electronically. The intuitive calendar interface pro-
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vides features that make managing schedules easy, and powerful document processing features simplify production and management. Documents can be configured for automatic generation to further
streamline processing automatically associated to the case. Flexible and efficient adjudication processing is an integral part of design from quick and easy violation disposition through configurable entry for judg-
ments, sentences and processing orders. Specially-designed user interfaces support effective courtroom processing and the accounting module includes flexible and quick payment options. Case tracking
For further information‌. Syscon, Inc.: 1.205.758.2000, 1.800.797.2661, info@syscononline.com, www.syscononline.com Justice Systems, Inc.: 1.505.883.3987, esego@justicesystems.com, www.justicesystems.com ImageSoft, Inc.: 1.249. 948.8100, www.imagesoftinc.com Tyler Technologies : 1.800.431.5776, www.tylertech.com Thomson Reuters: 1.651.687.7799, legalsolutions.com/court-management Alliance Renewable Technologies, Inc.: 1.832.268.7801, 1.855.387.7623, www.courtalliance.com CourtView Justice Solutions Inc.: 1.800.406.4333, www.courtview.com, info@courtview.com Pioneer Technology Group: 1.800.280.5281, www.ptghome.com Xerox Justice Solutions: 1.800.772.0597, Justice.Solutions@xerox.com Journal Technologies, Inc.: 1.877.587.8927, www.newdawn.com, www.ecourt.com
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Journal Technologies, Inc.: The merger of three long-standing companies—New Dawn Technologies, SUSTAIN Technologies and ISD Corporation—develops and implements cloud-based software for courts. The solutions process cases, manage all document types, integrate with other platforms to share data, and provide public access portals for e-filing, e-payments, and sharing
goes beyond adjudication with tracking of probation conditions,
programs/services, community service, and drug testing.
other public information. Solutions are configurable to meet the specific needs of courts of all jurisdictions. Globally, more than 20,000 justice professionals rely on Journal Technologies’ software solutions. CT
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B Y MI C H A E L G R O H S , CO N T R I B U T I N G E D ITOR
Barriers to Drug Court Testing DRUG TESTS
are among the most important aspects of drug courts, and no one involved can deny the ingenuity of those determined to undermine them. An entire industry is out there based on doing just that. Typing the words “cheating drug tests” into a search engine will yield nearly half a million hits. Dilution and substitution are the
most common methods. No one knows how many cheating attempts actually occur, but psychiatrist Dwight Zach Smith, MD notes that in 2010, about 130 million drug tests were taken. In his study presented at the American Academy of Addiction Psychiatry’s 21st Annual Meeting & Symposium, at which he discussed 24 accounts of test circumvention, he reported the study found that 58% of people used dilu-
CHEATING A DRUG TEST IS AN INDUSTRY IN ITSELF— HERE ARE WAYS TO FIGHT BACK.
tion to try to circumvent the test and achieved the desired false-positive result in more than 70% of cases. The results were even higher for substitution. The 25% of people trying that method realized a 100% success rate. A third category is adulteration, in which the person adds household products such as bleach to interfere with the test. Of the 17% of responses to the survey, 75% realized success.
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PHOTO COURTESY OF AVERTEST
Dilution and substitution are the most common methods of cheating a drug test. Synthetic drugs and their evolving nature have also become a huge obstacle to Drug Court testing.
Drug courts have to deal with these complications every day, and because of synthetic drugs, that task has become even far more involved. There are three pillars to successful testing, says Jason Herzog, CEO of Richmond, Va.-based Avertest: random scheduling, the collection process, and the testing procedures. Avertest, an independent provider of drug and alcohol detection to Drug Courts, was established more than 20 years ago. The first client was a Drug Court in California, which set the path for the organization. Herzog stresses that testing must be truly random and include weekends and holidays rather than being based on probation or court schedules. The clients must be aware that the probability of being tested is equal every day. They cannot know how many
tests they will be receiving. If a client becomes aware that he or she will be tested 10 times a month and has been tested 10 times that month, the door to relapse is opened. An environment should be created in which participants expect 10 tests…but it might be 12. Evidence also shows that testing should hold constant and only slow when the client has showed continued success with reduced levels of treatment and supervision. “If they think they might not be tested for a week, we’ve lost them,” he says. The second pillar, continues Herzog, is the collection process, which must be directly observed by a same-gender, trained, and certified collector. While the situation may cause embarrassment for both people involved, it is important that a
direct line-of-site observation be conducted in a dignified and respectful manner. With Avertest, he points out, there are examinations to ensure that the client is not using any of the myriad devices (tubes, bags, false genitalia) to circumvent the test. The company, says Herzog, has crates and crates of devices they have confiscated over the years. The client must also wash his or her hands to prevent the introduction of an adulterant. It is important, he stresses, that the observer be 100% in control of the situation. The cup should not be handed to the client until urination has begun, and it must be handed back before it has stopped. As invasive as it may seem, Herzog points out, it is not uncommon for a client to thank the observer once the program has been com-
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pleted for not allowing them to fail. The third pillar is the testing itself. Herzog notes it is imperative to have a skilled laboratory operator with at least a master’s degree in toxicology and preferably a PhD. Another critical aspect on the testing end is the timeliness of results. If it takes a week or two, the client could spiral out of control. That time delay would also mean that it is too late for the court to take action, which should be taken immediately; not necessarily to jail, but to a substance abuse counselor for intervention. It is also important to have flexibility in testing. Not everyone is the same. If a client has an opiate addiction, courts should test for the full panel of opiates—standard as well as synthetic, with the option of being able to introduce something such as a cocaine test.
A growing barrier An evolving and serious barrier has been increasingly challenging courts in their drug testing efforts: the proliferation of synthetic/designer drugs. Synthetics have been a game of cat-and- mouse since the beginning. Once a test has been developed that can detect one compound, a chemist will make minor modifications to the compound and create another that cannot. In 2013, two compounds accounted for 80% of all synthetics. Now those two barely exist, though they are still part of the test. Now the top two compounds comprise about 40% of all synthetics, and the top 15 make up 80%, which makes testing a much more complicated endeavor. Paul Cary, director of the
Toxicology Laboratory at the University of Missouri, refers to the proliferation of designer drugs as an “epidemic.” The drugs, which are mostly manufactured in China and are completely unregulated, were a game changer starting in 2006, and the speed at which they hit the U.S. blindsided law enforcement and the courts, which means Drug Courts will need to take into consideration certain protocols and considerations when it comes to detecting them. These products have made most drug tests obsolete. For one, the use of designer drugs is fueled by the Internet, to which 3 billion people around the world have access. They are also promoted as being legal and labeled “not for human consumption.” Cary described a list of 69 synthetic compounds in lab-based drug testing as being “a nightmare.”
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PHOTO COURTESY OF AVERTEST
This is a huge problem for Drug Courts and raises many questions. How can a Drug Court test for drugs that cannot be detected? Not all labs are created equal. The method used for measuring synthetic drugs is liquid chromatography-tandem mass spectrometry (LC/MS/MS). Says Cary, as with other types of drug testing, urine is the preferred specimen. The cost of LC/MS/MS, though, is significant and available only through laboratories, but the majority of synthetic stimulants, such as cocaine and amphetamine do not react with current drug screens. Companies are developing immunoassay-based screening methods, but at the present time information on the effectiveness is limited. Cary points out that Drug Courts need to know that scientifically, the method is considered reliable, but cutoff levels have not been standardized, and there is no reliable information on the window of detection. Drug Court personnel have been asking questions
regarding the challenges of testing for designer drugs.
Questions Posed by Drug Courts Is there language that can act as more of a blanket and cover all synthetic drugs rather than on a compound-by-compound basis? Says Cary, there is hope; however, “we are not yet there.” There are so many compounds, and that raises the question if the language in a law described that if a product has certain traits and looks like this or that and is made illegal, then other products that look like this or that will be made illegal as well, so if it looks like a duck, acts like a duck, and walks like a duck, Minnesota could lose its state bird when the loon becomes illegal. What is the half-life of cannibinoids? That, says Cary, is the $64,000 question. One of the issues is that it would be unethical to give subjects tests to find out, so if a vender states that he or she knows how long a
synthetic drug can be detected…they really don’t. “There is no definitive detection window. We can’t test it, and there are too many.” What should be done if someone tests positive, but it comes back negative? Sanctions, he says, would be inappropriate, but that does not mean no action should be taken. It may mean increasing home visits, increasing screening, or ramping up intervention. What steps can Drug Courts take to respond to the designer drug challenge? Cary points out that there are several. The first, as with addiction itself, the key is to acknowledge the problem. Drug Courts need to understand the complexity and evolution of designer drugs and be aware of the challenges such as legal complications and failings and barriers to screening for them. They also need to ban them. Despite the fact that the products are technically “legal,” Courts must take measures to ban substances sold
There are three pillars to successful testing, says Avertest: random scheduling, the collection process, and the testing procedures.
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under false pretenses. That policy should also be put in writing. Best practice research has found that outcomes are far better when courts clearly state the policies and proce-
dures in their handbook. Participants are more likely to react well to a punitive judgment if they were given advanced notice on how that judgment will be determined. Although testing for these drugs has its shortcomings, abstinence monitoring has proven effective. Testing all participants is expensive, so Drug Courts might consider selecting certain subsets of participants. Whether the testing is randomized or targeted, detecting the substances can be successful. Courts might also consider an amnesty period for clients who self-report use. That approach has shown therapeutic outcomes and potential abstinence from future use. Community supervision might be the most important part. Probation and police officers, court personnel, and caseworkers could
prove to be the critical component to designer drugs. Drug tests do not need to be urine or oral-based tests. Most programs require a participant to waive his or her Fourth Amendment rights while enrolled in the program. Rather than relying on testing fluids, officers should expand the search beyond the standard areas but also the participant’s vehicle, the Internet cache, cell phones, photos, shipping material to see where a product originated, and social media sites. It is the community supervisors who might fill the void that testing cannot. Cary stresses one more rule that should be followed, and that is the fidelity to the Drug Court model that has evolved so well and proven so effective since 1989. “We know how to do this. We know how to combat addiction.� CT
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B Y B I L L S C H I F F N E R , CO N T R I B U T I N G E D IT O R
The Determinator’s computer records all test and pertinent driving data; this information is downloadable and printable.
Ignition Interlock Devices Choosing the wrong IID product—and service provider—can have wide-reaching implications. electing the right ignition interlock product and provider can be a crucial decision. While ignition interlock devices are easier to use today, a poor choice in an ignition interlock provider can have a number of wide-reaching implications. Individuals mandated to have an IID installed in their vehicle have often already faced significant costs related to legal fees, time from work, court time, etc. Thus, it is extremely important to know how to select the right ignition interlock provider and product. “Successful completion of an ignition interlock program will assist in remediating persons that cannot separate drinking from driving. Choose a service provider that will
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make the interlock program easy to follow from start to finish—one that offers a device that is simple to use, provides comprehensive training and offers ‘round-the-clock’ customer support,” recommends Adam Comeau, executive vice president at ALCOLOCK USA. “Because alcohol offenders are not all alike, courts face challenges pairing alcohol clients with the right monitoring tool to meet their assessed risks and needs. It is essential for courts to work with a technology provider that can offer a full, integrated range of alcohol monitoring technologies to allow them to easily tailor their alcohol programs,” adds Kathleen Brown, SCRAM Systems’ director of public
relations and marketing. “SCRAM Systems is the one of the few providers of integrated options in alcohol monitoring, with products to supervise a range of clients. Products such as the SCRAM CAM and SCRAM Remote Breath are proven technologies that are helping courts address the inherent challenges of alcohol monitoring and achieve better outcomes,” she explains. There are a number of factors that should be considered for provider and product selection if the user wants a positive, uneventful experience. One of the most important things to look for when selecting an ignition interlock provider, is whether or not they are state certi-
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fied. Not all interlock service providers have this state certification, and without it they can’t do the work on the user’s car to fulfill a court mandate. The provider, at minimum, should have a high number of installation locations that are conveniently located across the U.S. that provide quick installation with properly trained personnel so the user can quickly get back on the road. In addition, and most importantly, they should offer advanced technology products that use fuel cell technology to ensure reading accuracy and reliability. Here’s a sampling of some of the most innovative ignition interlock systems and other drug and alcohol testing devices on the market that are helping make a difference in Drug Courts across the country.
Breathalyzer System
The Dräger Interlock 7000 is an in-car breathalyzer system that reinvents the traditional ignition interlock device to incorporate enhanced user features and monitoring capabilities. A culmination of over 60 years in breath alcohol, and 20 years
in ignition interlock technology, the Dräger Interlock 7000 includes a reportedly highly-advanced bypass protection and is said to offer the fastest warm-up time in the industry. www.draeger.com, 1.866.385.5900
Fuel Cell Technology Products
The Intoxalock Legacy and Legacy Plus utilize fuel cell technology that ensures the highest level of accuracy and precision when calculating your Breath Alcohol Concentration (BrAC), says the c o m p a n y . Intoxalock Legacy is backed by industry-leading reliability, accessibility, customer service and technology. It is easy to use; simply press one button to activate and submit a breath sample. The Legacy Plus takes that technology and incorporates a high-resolution
LOOK FOR THESE UPCOMING SHOWS! National Association of Court Management 2/8-10 Austin, TX
American Judges Association Conference 4/23-25 Fort Myers, FL
Court Technology Conference 2015 9/22-24, Minneapolis, MN
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camera to meet local and state requirements. www.intoxalock.com, 1.888.283.5899
Meets All State Requirements
Instant Interlock certified the Brac Audit Lock-1 Device using an independent lab to meet the new NHTSA 2013 specifications. Camera, GPS/GPRS, circumvention prevention and report customization, are some of many customizable features available to meet specific local law requirements. The device has an easy-to-read color screen and easy-touse functionality. Dual fuel cell sensor technology helps ensure against false positives. www.instantinterlock.com, 1.800.957.0036
Compact Mobile Unit
The Guardian AMS 2000 features a compact design that is slightly larger than a standard cell phone. It offers reliable data logging and enhanced anti-circumvention detection. The unit also offers USB connection capability, which allows for effortless downloading of events, without having to connect the base unit in the vehicle. Additionally, participants may call a toll-free number to access technical and service personnel. www.guardianinterlock.com, 1.800.499.0994
Interactive Handset
The ALCOLOCK LR ignition interlock is simple to use and virtually impossible to circumvent. It features an intuitive, interactive
handset to provide testing instructions and collect breath samples. Two independent electrochemical sensors to enhance the reliability and accuracy of the measurement conduct breath alcohol analysis. Biometric monitoring and camera imaging ensure that the correct person is performing every breath test. http://alcolockusa.com, 1.888.937.9646
Customizable Tests for Each State
The Low Cost Interlock TAB720 is designed to meet all federal qualifications for accuracy and performance. Random testing and early recall for violations are completely configurable and can be tailored for any state. The LCI automated calibration system utilizes a dry gas standard to obtain the most accurate calibrations possible. Secure data encryption and automated uploads prevent data tampering at the service level. www.lowcostinterlock.com, 1.800.352.4872
Automotive Alcohol Detection System
The Determinator is an ignition interlock device that analyzes blood alcohol content and determines if a
driver is within a legal limit to get behind the wheel. The system’s computer records all test and pertinent driving data. This information is downloadable and printable. Any attempt at tampering with the unit registers in this data log as well. http://www.stopdwi.com, 1.800.STOP.DWI
Portable System
The Alco Alert Series 5000 ignition interlock device has been certified by an independent laboratory to be fully compliant with the NHTSA. It features NexGen fuel cell with counter measure proofing. It offers easy-to-read courtfriendly Camera ID, GPS tracking and report customization. It has device read-out control Pass/Fail or BAC options. In addition, the company offers 24/7 nationwide service and does all the paperwork and DMV authorizations. www.alcoalertinterlock.com, 1-888-NO-DWUIS
Wireless Handset & Camera System
The WC900 offers a wireless handset and camera with a 2.4-inch true color touch screen display. The camera takes full cockpit pictures during every breath test and has data storage of over 30,000 images. Temperature and humidity sensors are used to determine human breath. Advanced multiple anti-circumvention techniques along with patented rolling retest feature that
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allows individuals to warm up their vehicle without being penalized. www.bestlabsinc.com, 1.877.237.1541
Affordable Alternative to In-vehicle Units The Smart Start IN-HOM unit is said to be an affordable alternative for the offender who does not have a vehicle yet needs some form of alcohol monitoring. It is device equipped with a camera allowing for positive photo identification. This Smart Start
product has an affordable price point versus similar competitor devices, says the company. From the quick and accurate reporting process, customizable testing windows and cost effective pricing, the IN-HOM is the ideal device for those who need alcohol monitoring but do not have access to a vehicle. www.smartstartinc.com, 1.800.880.3394
Tamper-Resistant Device
The Alcolock (Series III) Breath Alcohol Ignition Interlock Device (BAIID) is an accurate and programmable tamper-resistant vehicle ignition interlock. It features a personal security code that must be entered on the keyboard. Blood alcohol content (BAC) is accurately measured from a 4-second breath sample. A three-place digital display (0.000%0.200%) shows % of BAC with
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“Pass” or “Fail” indicator. www.autosenseintl.com, 1.800.325.2657
Automated Breath Alcohol Test
MobileBreath automates breath testing. With a 30-second, enrolleeadministered BA screen, it will detect down to .001 BAC. Results can be emailed or text messaged to an administrator or case manager
by courts of any size. By utilizing existing Interactive Voice Response technologies, call2test is able to provide service at a low cost per offender, the firm reports. call2test.com, 1.888.972.9166
Flexible Breath Testing
SCRAM Remote Breath is flexible option in breath testing. It is the first handheld, wireless, portable breath alcohol tester that includes government-grade facial recognition, highresolution photos, BrAC results, and a GPS location with every test. Automated facial matching reduces manual photo review by 90-95%, while random, scheduled, and ondemanding testing provides more flexibility to monitor clients, reports the maker. www.alcoholmonitoring.com, 1.800.557.0861
24/7 Sobriety Program
Intoximeters is highly involved in the 24/7 Sobriety Program, a law enforcement concept that many U.S.
instantly. It is said to be the only mobile system that uses face and voice biometrics to validate an enrollee’s identity on each required test. The system transmits Breath Alcohol level and identity data using cellular technology. www.streetimetechnologies.com, 1.877.727.7764
society if they abstain from alcohol and/or drug use. www.24x7sober.com, 1.314.429.4000
Target-tracking Camera System
The LifeSafer FC100 Ignition Interlock offers an exclusive patentpending target-tracking camera system. It offers real-time reporting of violations and vehicle location. Indicator light signals handset-tocamera link, enable test to begin. It can be separately mounted near the rearview mirror without obstructing driver’s view. www.lifesafer.com, 1.800.634.3077
Portable Home Alcohol Monitoring
Intoxalock Home eLERT is built on 20 years of alcohol monitoring experience. It offers the reliability, accuracy and advanced features of their ignition interlock devices, but in a portable and discrete home model. Home eLERT offers photo imaging, GPS and real-time reporting that can help individuals test and verify their sobriety conveniently. www.intoxalock.com, 1.888.283.5899
states have begun adopting to reduce recidivism associated with drunk driving. It mandates offender sobriety through testing for drugs and alcohol and allows offenders to remain functioning members of
Web-Based Call System
call2test is a web-based, call-in system for drug and alcohol testing and probation reporting. It can be
configured in less than 60 seconds, is fully automated, and can be used
SCRAM Remote Breath
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B Y D ONNA RO G E R S , E D IT O R
These trends in digital signage and electronics can
There’s nothing worse than having to take off from work to go the courthouse and then finding yourself lost in the labyrinth of the justice complex or on an endless line, wasting valuable time in aimless pursuit instead of taking care of the business you came to the courthouse for in the first place. With modern up-to-the-minute signage and electronic pay stations/kiosks, it can keep your patron’s foot traffic stepping lively, help them take payments or fines in an organized manner and/or inform them on the fly of any immanent dangers, not to mention saving staff immense time. However, it is easy for the addition of large screen electronic dis-
plays, enclosures, floor stands, kiosks, etc. to quickly increase costs if not discussed thoroughly and not strategically aligned with the courthouse’s goals, notes Josh Budd, president and CEO of AdGators, a full service digital signage company. Challenges in selecting technology rank on the top of court administrators challenges. And in addition, placement, cable/power management, security, and footprint are very challenging in courthouses especially if they are an older courthouse, he says. “This will be interesting to watch play out in 2015.” What are some of the trends in
keep patrons of the court well informed and moving smoothly.
Pointed in the Right Direction
products? Will smartphones be permitted in courthouses or will that go the way of the CD? Will visitors be able to make payments on kiosks on a routine basis? And will technology be able to integrate with other courthouse data sharing in open source (OS), cloud-based (Saas) electronics? We spoke with some industry players and developers as well as obtaining some feedback from court customers to see what they believe is important in
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planning a solution for a court. Here are their responses. When the Clark County’s Recorder’s Office in Las Vegas chose a kiosk from local provider Slabb, Inc. because of its ability to provide a customized hardware solution that would allow users to request certified copies of marriage certificates– which happens quite often at the “Wedding Capital of the World”— they were surprised at the ease in which they were fulfilling the County’s goal of providing a better service to customers in a more efficient way. In the first seven months, over 1,000 transactions were completed at the kiosk, Slabb’s X6 model, eliminating the need for these customers to engage county personnel for this repetitive task— saving over 350 hours of staff time. “The marriage certificate kiosk has been a great success,” says a County spokesperson. “The number of transactions that have been done on
the kiosk have already surpassed the cost of software development, cost of kiosk hardware, cost of installation and deployment.” Just 18 months after the initial deployment, they say the solution has paid for itself. Into the future, The Clark County Recorder IT team is looking to build a recording kiosk. They report this device will enable customers to record documents like homesteads, deeds, deeds of trust, etc. with the Recorder’s Office without having to come into their main office location.
Trends Interactive signage is one area courthouse personnel are showing an increased interest, says Maddie Alexander, director of Judicial Sales with Infax, Inc., the developer of a variety of modules for courthouses within the umbrella of the CourtSight Suite, which is specifically designed for courthouse
wayfinding. One module called DocketCall automates the daily calendars and displays the information in real-time on monitors throughout the courthouse. It can be interactive on large monitors or kiosks and allow patrons to check in after verifying their information. Interactive signage can be wall mounted or floor mounted and Infax creates the attention grabbing software to let visitors know they have an independent option, notes Alexander. While The CourtSight Suite offers interactive wayfinding maps that assist court visitors to find specific directions to the right floor, office or courtroom, a new product currently being introduced by Infax is called JailCall. This solution gives correctional facility personnel the ability to provide up-to-date prisoner information electronically. With JailCall, personnel are informed on prisoner’s bond information, next appear-
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ance date, arraignment schedules, and even a current docket of who is set to appear in court that day. Within the retail and corporate environment, signage is a bit more cutting edge, says AdGators’ Budd. “Size, brightness, resolution/4k, and interactive touch/multi-touch, mobile interactivity, and video walls seem to be industry discussions and purchasing trends. The disadvantage is that these trends tend to be expensive, and more and more justice centers are banning mobile from entering the facility,” he opines. In keeping with practicality, he says, “We are focused on what we call Digital Signage as a Solution (DsaaS) and Visitor Engagement products. We are focused on the core value of replacing paper dockets, reducing staff interruptions, and quickly checking visitors into the courthouse via touch screen kiosks—all while keeping things simple and cost effective.” AdGators products include Docket Vision, Concierge and CHECKin. Docket Vision is an open source (OS), cloud-based (SaaS) digital signage solution that allows courthouses and justice centers the ability to display dockets or calendars and wayfinding to visitors electronically via LED/LCD displays. Docket Vision integrates with existing case management systems and includes directional mapping, weather radar / forecast, emergency information and check-in policies. Concierge is its visual Help Desk solution allowing justice centers the ability to electronically display
Phoenix Kiosk hardware styles include the Locco, Piitch (shown with touchscreen), Sliivr as well as custom document scanning solutions.
Infax DocketCall screen display
wayfinding and directional mapping such as elevators, restrooms, and emergency exists, fire extinguishers etc. Concierge also allows the ability to display public notices, announcements whether text or video, rss feeds, hearings, assistance and room information, event or meeting information, and crime stopper information. Another cool feature, if the courthouse allows mobile devices, a visitor can scan a QR code from the Concierge display that directs them to the court website where they can check in. CHECKin is its courthouse kiosk solution allowing visitors to type their name on the onboard key-
board, search their case location and check in. Once the visitor is checked in, the solution posts the data back into the case management database to remove this particular case from the display to continue reducing the quantity of names scrolling on the display. This small footprint solution ranges from a 22-inch touch monitor down to a 10.5 Galaxy or Surface. In 2015 CHECKin’s design will also allow for on-premise visitors to either check in via their mobile device or the kiosk, which, regardless of the method, will update the Docket Vision database and displays. Although cutting edge unique identification methods such as biometric or facial recognition are widely available, says Cory Sloan, senior consultant, Court & Government Accounts with Phoenix Kiosk, he says courts really concentrate on the more ordinary. “…Courts are more interested in the reliable and practical function of the kiosk through more
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widely accepted technology such as basic bar code scanning.” One of the primary types of technology they are specifying are document scanning solutions that can securely and speedily automate office tasks by scanning confidential documents into a secure network for authorized persons to share and review. In addition to custom document scanning, Phoenix Kiosk applications include juror screening and check-in (can include screening interviews) and wayfinding. An improved document scanning solution is planned to be released within the first quarter of 2015, Sloan adds. Xerox provides both wayfaring signage and jury kiosks as part of its AgileJury Jury Management System solution, notes Phil Hatton, vice president, Justice Solutions Manager, Parking and Justice Solutions, Xerox Government Systems, LLC. Wayfaring signage directs jurors to jury assembly rooms as well as courtrooms. Its kiosk solution allows jurors to check in at the court, update juror biographical information and answer qualification questions, print juror badges, payment checks, and attendance letters. He furthers, “Our customers are looking for compact units that will easily conform to existing courthouse layouts. As it relates to kiosks, customers are looking at both full size units as well as compact wall mounted units.” They are also looking at other Xerox alternatives including receiving wayfaring information via smartphones or to check in via tablet technology. Hatton notes that “One item that separates us from our competition is our ability to offer juror payment through the kiosk using our branded MasterCard® Way2Go® debit card.” Cards can be loaded in the kiosk and at juror checkout, he explains, and the card can be distributed through the kiosk to the juror.
With this kiosk from Slabb that produces certified marriage certificates, the Clark County Recorder’s Office in Las Vegas saved over 350 hours of staff time in the first six months.
Positive Feedback Kiosks, while they don’t provide the human touch, they can offer supplemental assistance to offer check-in, wayfinding or payment options, and says Slabb’s Wilson, the cost is justified: “Kiosks cost about 6% as much as
AdGators Concierge QR Check-in directs visitors to the court web page.
a pensioned employee.” States Bob James, Criminal Court Administrator, Superior Court of Arizona in Maricopa County in an email: “Our information kiosks
[from Xerox] are located in the lobby of our main criminal courthouse. When a line develops for staff assistance, the kiosks are a great resource to which we can direct people.” Another customer, David Schlothauer, director, Information Technology, Facilities and Security with the Superior Court of California, County of Nevada, provides customer feedback from one of their AdGators installs. Says small claims litigant Scott Pryor in a post: “…Since the court does not have a dedicated Small Claims courtroom, it is very efficient for me to get my information from the digital calendar right in the lobby when I walk in. This service allows me to go directly to the proper courtroom without the hassle of standing in line at the counter waiting for a clerk to look it up. I imagine the clerical staff likes it too, less people in line means less stress on them. This is a real time saver, thanks!!” CT
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BY G.F. GUERCIO
INTERPRET4 The power of interpretation has increased exponentially: Advanced technology empowers courts with capability, availability, accessibility and affordability. LanguageLine Solutions 1Solution Phone is a dual handset that facilitates access to a telephone interpreter in face-to-face encounters with a Limited English Proficient (LEP) client.
Courts have been bound by limited options: interpreter proximity, limited language/dialect/cultural integrity, restrictive resources and deficient acoustics. Now diverse options explode open the courtroom doors to readily-available interpreters and multiple languages— even those of limited diffusion—by phone, video and related technologies, and for in-court sessions: refined equipment to clarify and augment the processes. Concurrently, legislation pertain-
ing to language interpretation has become more stringent, requiring equal access to justice despite country of origin or disability. Initially, under Title VI of the Civil Rights Act of 1964, government entities were prohibited from discriminating based on race, color, and national origin. Then in 2000, President Clinton signed Executive Order 13166 “Improving Access to Services for Persons with Limited English Proficiency,” (LEP) and again in 2002, the Department of Justice gave additional guidelines to requirements
of Title VI for providing meaningful access to LEP individuals. With the increasing ingress of immigrants and persons of other cultural diversity at an estimated 1 million a year, the country’s justice system is still mandated to provide adequate language services on national, state and local levels. To fulfill those needs, the multitude of technology platforms supported have become in actuality, a necessity, allowing interpreters to not only work on-site when needed, but to be available, literally any place, any time. December/January 2015x
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LanguageLine Solutions video remote interpreting (VRI) called Language Uc is available on multiple platforms.
“As communities continue to diversify, language service needs can no longer be sourced from the local geographic area, therefore ondemand interpreting services have become an acute resource in order to accommodate those in need,” says Kristin Quinlan, CEO of Certified Languages International. “In the case of many states, there are literally hundreds of courts and magistrates serving the population, and with such a large jurisdiction it is physically impossible for the court system to service the diverse population of limited English speakers with in-person interpreters. “Video Remote Interpreting (VRI) is one of the newest trends in our industry. It utilizes smart device technology to offer the same quality of telephone interpreting services in a live video format. With ondemand interpreting you have instant access to interpreters in hundreds of languages that more than likely would not be available in the given physical geographical location of the court.” Whether a court has a well-developed language access plan or has limited resources, today courts have more flexible solutions to more efficiently serve the public, says Dave Bethea, vice president of Marketing and Sales Operations, LanguageLine Solutions. He details some of the solutions available: a flexible hybrid of telephone interpreting in which inbound calls are supported from beginning to end in the language of the LEP caller; VRI which combines
the speed of telephone interpreting with the visual benefit of video; and LanguageLine’s dual handset phone that accesses a telephone interpreter in face-to-face encounters with an LEP individual. Bethea says these options allow courts to apply technologies to reduce costs and improve efficiencies and ensure compliance with language access mandates. He notes LanguageLine Solutions is undergoing a technological transformation to expand options and platforms even more. “At the core of this change is a single integrated IT platform that will transform the way the company delivers language access solutions. Interpreters will have the ability to deliver multiple language solutions in a world that increasingly uses technology that merges telephony with other media including video, chat and texting. The company has seen enormous change in the market over the last three decades and is building a platform that offers greater flexibility in delivering the language access solutions courts will need tomorrow.” The courts’ needs in the legal
process is of concern to Miriam Ludlow, Business Development, TeleLanguage. “The cost of the legal proceeding is significant at all levels. Because of the importance of respecting processes and individual’s rights we do not have the luxury of ‘getting by.’ Technology supports the court systems by providing immediate and effective services at all times and in all places.” Because of that, “the need for telephone interpretation and VRI cannot be emphasized enough in today’s environment.” She adds that foreign languages needs vary from place to place across the country based on concentration areas. “By accessing VRI and telephonic interpretation the courts can meet mandated requirements such as due process timelines in almost any language. Furthermore this is an important benefit to those rural and remote areas where even the top foreign languages are hard to find.” Noting the hard-to-find aspects, Sarah Gamble, director of contracts, CTS LanguageLink says, “We also strive to provide quality interpretation and translation services that are specific to our clients’ target audience in terms of regional dialect, culture and demographics,” and adds: “This can be a problem when it is a language of lesser diffusion and there is limited or no court certified interpreters.” Because the solution is a simple software download that can be utilized on existing Microsoft Windows
For more information: LanguageLine Solutions — 800.752.6096, www.languageline.com On Demand Interpretation Services — 440.350.0887, www.ondemandinterpreters.com CTS LanguageLink — 800.208.2620, www.ctslanguagelink.com Certified Languages Intl. — 800.225.5254, www.certifiedlanguages.com TeleLanguage — 888.983.5352, www.telelanguage.com Enersound — 800.644.5090, www.enersound.com.
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based computers, it is an easy implementation process for courts new to using VRI. “For our solution you only need a computer with a high speed internet connection, webcam, and microphone.” As for an additional technology-based service, CTS LanguageLink implemented a secure web-based Client Portal that enables clients to monitor usage in real time, view and export usage reports and invoices and provide feedback. “You can also request on-site assignments through our client portal and view the status of your requests,” says Gamble. To add to services options, one company includes a different type of billing configuration. “Since you never know how many LEPs you are going to get in a year—how many will break the law—and you have no control over who is arrested and what language they speak, we offer an innovative billing system,” notes Colleen O'Toole, founder of On Demand Interpretation Services LLC. “We forensically investigate how much courts have used in the past and go to subscription-based pricing to save money.” She notes it works like a cell phone bill, “You budget interpreter fees each month based on your history, but like a cell phone you have rollover minutes for what you don’t use. Let’s say you had five Mongol-speaking individuals in an accident with 5 kilos of heroin. Any rollover time could be used for the additional services needed in this case. And for convenience, you can use our services with a cell phone or ipad and therefore, bring it in the jail, the office, or right down to the courts as needed.” O’Toole also notes the company will do what it can to help courts keep justice accessible to all. “We go into courts, especially small courts, and work with them as needed; even filing, training. The ability to provide access to justice is some-
Enersound provides simultaneous interpretation systems, portable sound, microphones, earphones, cases and translation booths to improve audio capabilities for court interpreters.
Legislation Pertaining to Language Interpretation • Civil Rights Act of 1964 (Title VI): Government, private, and non-profit entities that receive federal funding must comply with Title VI and the Title VI implementing regulations, which prohibits discrimination on the basis of race, color, and national origin in programs that receive federal financial assistance. To comply with the Title VI prohibition against national origin discrimination, Federal-funding recipients must take reasonable steps to ensure meaningful access to their programs. • August, 11, 2000: President Clinton signed Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” which directed federal agencies to publish guidance on how their recipients can provide access to Limited English Proficient (LEP) persons. • June 18, 2002: The Department of Justice issued final guidance to federal fund recipients regarding the requirement under Title VI and the Title VI regulations to take reasonable steps to provide meaningful access to LEP individuals. December/January 2015x
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Certified Languages International provides the option of Video Remote Interpreting (VRI) with a tablet.
CTS LanguageLink provides over-the-phone, video remote, and on-site interpretation services in over 240 languages.
times as easy as having officers star tickets indicating you may need an interpreter. Once you realize that, all you have to do is set up your laptop or use your phone, and you can get access to an interpreter in 30 seconds. Our team will walk the court through the process. We work to maintain the integrity of equal access to justice. She notes interpretation services is now a 20 billion-dollar market and growing 20 percent a year. “It’s a giant sandbox; there’s plenty of room for every type: remote and inperson interpreting.” For the area of the sandbox reserved for in-person interpreting, technology again leads the way. Equipment that provides clarity and capability improves the proceedings for not only the LEP but the court as well. “Enersound simultaneous interpretation equipment assists court interpreters working at both state and federal courts so that they can overcome language barriers in the courts. At the same time, the courts ensure they are providing individuals with limited English proficiency access to the courts, which is a core function of the courts,” says Monica Guelman, VP Sales & Marketing at Enersound. For the legal system she recommends FM (Frequency Modulation) Analog Technology. “There are several features that make this technology ideal for simultaneous interpre-
tation: It’s easy set-up, lower cost and minimal required system components.” The frequency band is approved by the FCC for language interpretation and is out of the range of radio stations, wireless microphones, tablets, etc., minimizing possible interference. FM systems can pass through walls, and require one transmitter per language. They are portable and lightweight and can be stored and transported in carrying cases. “When it comes to services in the court, interpreters usually use batteryoperated FM wireless transmitters with microphones, and they interpret what’s being said in real time in the simultaneous mode,” she says, including a Miami-based freelance interpreter, Linda Dunlap, in the mix. In court, speaking to three plaintiffs in simultaneous mode, Dunlap was expected to modulate her voice as to not interfere with the proceedings or disturb the attorney. Dunlap says, “That experience convinced me that equipment wasn't optional, it was mandatory for court.” The court’s own mandatory language requirements will continue to keep the doors open to meaningful access to justice for all individuals regardless of abilities and language proficiency. Whether in-person, by phone, video, or a new platform, technology will lead the way to improved interpretation services, and therefore, justice for all. CT
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