Interviewing Report Writing Testifying New Probation Officers Orientation

Interviewing, Report Writing, & Testifying New Probation Officer’s Orientation Indiana Judicial Center March 15, 2012

Interviewing

Interviewing n When do you interview clients? n n n Interviews for specific reports Supervision contacts Always trying to obtain information

Interviewing vs. Interrogation n Interview n n Non-accusatory, objective, or neutral Used to gather variety of information Flexible and freeflowing Dialogue between the participants n Interrogation n n Accusatory and biased Very specific and focused Structured to find a specific piece of info Persuasive techniques used

Interviewing Tips n Build rapport n n First impression will go far Talk on your way to your office Set a positive and professional tone Be informative n n Introduce yourself Explain your role Explain the process Talk about past conversations that lets them know they are not just a “case” to you

Interviewing Tips n n n Be polite Avoid surprised and unpleasant expressions Appear comfortable with questions and their answers Be non-judgmental Don’t argue

Interviewing Tips n Upset or angry clients n n n Remain calm Model the demeanor they should follow Know your escape routes Speak softly if they are loud Open your door End interview if threatened or inappropriate

Interviewing Tips n Difficult or uncooperative clients n n Building rapport can help Reflect discomfort n n Reflect resistance n n n I hear you saying… Paraphrase resistance n n You seem… I understand you are upset because… Allow time to vent Take a brief break

Interviewing Tips n Listening skills n n n n LISTEN! Don’t interrupt Reduce distractions (take notes or record? ) Make eye contact Paraphrase, summarize, repeat back Clarify answers Keep your mind from wandering

Interview Questions n Closed-ended questions n n n Require one word answer How many children do you have? Are you married? Are you working anywhere? Did you have a good relationship with your parents? n Open-ended questions n n n Require explanation Tell me more about what you do in your job? What do you think you could do to change that? What have you tried before that worked? What was your relationship like?

Interviewing Tips n Prepare BEFORE the interview begins n n n Read case notes, read reports, read demographic packet, etc. Write out some questions from materials Use guide for lengthy interviews or when specific information is needed Let them stray from the guide and be flexible Use pauses and encouragements to keep talking (uh-huh, yes, etc. )

Motivational Interviewing n n n In general, people tend to disclose information more freely and accurately when they feel they are being listened to, respected, and supported. Style of communicating that helps people explore and resolve ambivalence about changing specific, maladaptive behaviors. Major goal is to elicit change talk.

Motivational Interviewing n Active listening skills of MI n n n Open ended questions Affirmations Reflections Summaries Using active listening skills lowers defenses a person has and increases the quality of information received.

Motivational Interviewing n Stages of change n n n Pre-contemplation – No awareness Contemplation – Some acknowledgement Preparation – Realization Action – Trying new behaviors Maintenance – Usually more than 6 months Relapse/Exit – Slipping back or perm change

Motivational Interviewing n General principles n Express empathy n n Develop discrepancy n n Counterproductive Rolling with resistance n n Focus on their behavior versus what they want Avoid arguing n n “Acceptance” – it’s possible to see and understand an offender’s perspective and not agree with it. Develop strategies to combat resistance Supporting self-efficacy n Support their belief in change

Report Writing

Common Reports for POs n n n Presentence Investigation Report (PSI) Pre-dispositional Report (PDR) Preliminary Inquiry (PI) Modification Report Petitions (PTR & PTM) Memos, letters, emails, notes, etc.

Writing Tips n Spelling n Use spell check on your computer n n n Don’t ignore the red squiggle lines under words Use a dictionary Check for homophones and use the correct spelling (words that sound the same but are spelled differently) n n n To, two, too Rain, reign, rein Their, they’re, there

Writing Tips n Contractions n n Numbers n n Spell out numbers zero to ten Slang n n Generally avoid in reports (informal) Don’t use it unless it’s in quotes Plurals and possessive n ‘s shows possession unless word ends in s

Writing Tips n Grammar n n Use grammar check on your computer Have another person read it Does it make sense? Thesaurus n Reports, describes, accounts, details, states, explains, characterizes, etc.

Writing Tips n Professional wording n n He got drunk and… He was intoxicated when… He was kicked out of school… He was expelled during the 2011 -2012 school year due to…

Writing Tips n Objective n n n Real or factual; without bias Most sections of reports should be written objectively Subjective n n Of one’s feelings rather than fact Typically when writing recommendations and/or evaluation at the end of a report

Writing Tips n Factually accurate n n Self reported information from client n n These reports matter! Indicate whether or not it was verified Know your audience n Judge, attorneys, defendant, DOC, public

Presentence Investigation Reports n INcite application n n Incorporates IRAS into the report n n Ask supervisor about access Required to complete IRAS Instruction manual on first page in the application plus information icons throughout n When in doubt, follow the instructions and ask your supervisor

Presentence Investigation Reports n Face sheet n n Demographics and a quick reference to information contained in the report Legal history n n Provide any details that you can for each offense History carries from report to report

Presentence Investigation Reports n Present offense n Official version n n Attach documents when appropriate Defendant’s version n Written statement Use quotes when possible Good information for attitudes and behavioral orientation section

Presentence Investigation Reports n Victim information n n Attach documents when appropriate Required by statute to make (attempt) contact and provide certain information to the victim n Certification statement in the PSI

Presentence Investigation Reports n Parent/family information n n The defendant characterized his childhood in positive terms, reporting no instances of abuse or neglect during his formative years and stating that he and his siblings were adequately provided for, in a financial sense, during that time. The defendant explained that his family situation abruptly changed in 2003 when his parents separated due to financial and communication problems. He recalled that the family resided in a “nice” home and were “suddenly broke” with their situation going “downhill quickly”. Over the next three years, he states that he and his siblings moved from home to home staying with relatives.

Presentence Investigation Reports n Personal relationships (significant others) n n Mr. Example reported that he has never married but has been in a relationship with Ms. Jane Doe since 2010. He indicated they are engaged, residing together in Bloomington, with plans to marry when their son is older and his legal situation is resolved. The defendant stated that Ms. Doe is very supportive of his despite the hardship that his recent periods of incarceration created for her financially. He explained they have been unable to pay rent and living expenses without help from her family members.

Presentence Investigation Reports n Dependents n n Provide as much information as you can about dependents living within the same home If residing outside of the home attempt to provide information about any existing child support orders and compliance

Presentence Investigation Reports n Peer associations n Mr. Example indicates that he has changed his friends and associates within the past year in an effort to avoid further legal problems. He stated that he typically associates with his family, his girlfriend, and her family who have not been involved in the criminal justice system.

Presentence Investigation Reports n Education n n Try to verify as much as possible Verification matters if sent to DOC where time cuts can be earned for achievements n n The defendant reported he attended Bloomington High School South through the 10 th grade and enrolled in the Graduate Alternative School in the 11 th grade. He states that he withdrew from school after only two months at his new school because he “lost focus”. He describes his academic performance as being “very good” during his high school years. Records obtained from Monroe County Community School Corporation indicate that Mr. Example was expelled during his 10 th grade year for being in possession of marijuana on school grounds. He was permitted to enroll in the Graduate Alternative School the following year, but was again expelled for truancy. Mr. Example obtained a total of 11 credits and earned a grade point average of 1. 3.

Presentence Investigation Reports n Employment n n n Try to verify as much as possible Helpful to describe an employment history along with current employment Obtain lengths of employment Note periods of unemployment If unemployed, list steps to gain employment or reasons why not Include military information

Presentence Investigation Reports n Financial situation n Try to verify as much as possible through copies of bills, pay check stubs, etc. Document public assistance or disability Document how they survive if not employment and no other sources of income

Presentence Investigation Reports n Residence, neighborhood, and leisure n n Try to verify address using GIS or mapping software Physical health n n n Obtain releases to healthcare providers Obtain medication list if possible Describe reasons for disability and length of time

Presentence Investigation Reports n Mental health n n Obtain releases to healthcare providers and hospitals Obtain medication list if possible Don’t include substance use (next section) Describe history when possible along with current treatment

Presentence Investigation Reports n Substance use n n Obtain releases to treatment providers Detail a history of use, age on onset, and current use Describe treatment history and current efforts Include contradictory information from official records (drug tests, etc. )

Presentence Investigation Reports n Attitudes and Behavioral Orientation n n Mr. Example made statements to law enforcement and in the preparation of this report indicating his belief that his actions do not substantiate the charges filed against him. He states that he was “just the driver”. When discussing the events that occurred inside the residence, Mr. Example reports that he is not responsible though he admits he knew what his codefendants were planning we he agreed to drive them. The defendant reported that he considers himself to be curious and adventurous without being a risk taker. He indicated that he believes these personality traits have contributed to his involvement in the criminal justice system.

Presentence Investigation Reports n Risk and needs assessments n n n Evaluation/Summary n n n Information from the IRAS is automatically inserted. Add complimentary assessments if done Summary – objective Evaluation – opinion Draw conclusions on appropriateness of sentence Include aggravating and mitigating factors Recommendations n Accept or reject plea; make your own

Preliminary Inquiry n Personal information n n Demographics Current delinquent act information Detention information (if applicable) IV-E findings n Reasonable efforts and best interests

Preliminary Inquiry n Juvenile’s background n n n n n Prior legal history Family information School information Employment information Health information Substance use information Evaluation/Summary Recommendation Permanency Plan

Pre-dispositional Reports n n New report on the horizon Contains much of the same information Incorporates the IYAS into the report More information in the near future

Pre-dispositional Reports n Personal information n Current delinquent act information Client/parent statement n n Demographics Use quotes when possible Victim impact statement n Required by law to make the effort

Pre-dispositional Reports n Juvenile’s background n n n n n Prior legal history Family information School information Employment information Health information Substance use information Financial information Home and neighborhood Home adjustment Religious and social orientation

Pre-dispositional Reports n n n Prior services and adjustment pending disposition Risk and needs assessments IV-E findings n n n Reasonable efforts and best interests Permanency plan Evaluation/Summary DCS concurrence Recommendation

Petitions, Memos, and Filings n n When appropriate follow what’s in statute Establish facts n n Defendant found guilty Placed on probation State violations, requests, etc. Use standard forms when possible

Testifying

Testifying n Definition n Making of a statement under oath or affirmation in a judicial proceeding

Common Reasons POs Testify n n n Pretrial supervision or recommendations Presentence or predisposition reports Modification hearings Violation hearings Civil proceedings Jury trials

Testifying BE PREPARED!

Learn, Practice, and Observe n Learn what to expect n n n Talk to to your chief or supervisor peers prosecutor judge Practice and observe n n Go through questions you may be asked Watch experienced POs in court

Dress for Court

Dress for Court n n Check with your Chief or Judge Business (formal) attire n n Tie, jacket, dress, suit, etc. Out of county always assume formal dress Look professional Jewelry and tattoos should probably be minimized

Other Tips n n n Be on time! Notify someone you are there Reduce distractions n n n Do not take your phone if a distraction Do not chew gum Do not hold pen/pencil

Case File n Know what is in it Keep it organized Know what is alleged in PTR or PTM Use summary sheet if needed Have a recommendation n Take the file or not? n n

Case File n n Maintain excellent documentation Document each contact and appointment n n Document what is expected of client Be very clear in directives (examples below) n n n Treatment (goals and deadlines) Public restitution (number of hours, deadline for completion, where to do hours) Fees (amounts, pay plan, deadlines)

Case File n Documentation (continued) n Include other things discussed n n Employment status Address Other conditions Have client sign and give them a copy

Testifying Tips http: //youtu. be/UMA 3 dhtv. EV 0

Testifying Tips n n Be HONEST and tell the truth, the whole truth, and nothing but the truth. Swearing in or affirmation Address the Judge as “Your Honor” or “Judge” May have to testify about your training and experience

Testifying Tips n Body language n n n What you say is partially communicated through body language Sit up straight Do not be tense Avoid distracting arm movements or hand gestures Minimize nervous movements Do not react to others through body language

Testifying Tips n n n LISTEN Speak clearly at a normal rate of speech Be polite, calm, and never argue Answer directly and completely Reflect on the question before answering n n n Pause and answer confidently Look at the person posing the question and answer the audience Avoid jargon and acronyms

Testifying Tips n n Answer audibly (do not shake your head because you are being recorded) Answer with words n n Clarify questions that you don’t understand n n No uh-huhs, yups, naws, etc. ) It’s okay to ask it to be rephrased Don’t volunteer information not asked

Testifying Tips n Wait for the question to be completed n n Avoid certain phrases n n n Don’t interrupt! “To be honest…” “To tell you the truth…” Stop talking if you hear the word “objection” n Continue based on what the judge tells you

Testifying Tips n Is it okay to say “I don’t know”? n n Yes. Don’t guess at an answer What happens if you make an error? n Ask to correct it

Testifying Tips n Don’t be intimidated n Defense attorney’s job to n n n Damage credibility Give impression you are inept Expose inconsistency Weaken your testimony Win Don’t take it personal

Testifying n Role is to testify, not convince n Judge will weigh evidence and assign credibility to your testimony

Testifying in Court Example http: //youtu. be/s-3 LSt 73 PZk? t=30 s

Questions? Troy Hatfield Deputy Chief Probation Officer Monroe Circuit Court Probation Department thatfield@co. monroe. in. us 812 -349 -2645 – Office 812 -349 -2008 – Desk