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- Vendor Conference for the
- Western District of Missouri
- Probation and Pretrial Services Office
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- Presented by
- Dana Chance &
- Stephanie Wiley
- Drug and Alcohol Treatment Specialist
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- Springfield
- U.S. Courthouse
- 222 N. John Q. Hammons Parkway, Room 1500
- Springfield, MO 65806
- Jefferson City
- U.S. Courthouse
- 80 Lafayette
Jefferson City, MO 65101
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- The Pretrial Office wrote 808 Bond Reports.
- Supervised 435 defendants who were on bond.
- Supervise defendants through sentencing and/or voluntary surrender to
the Bureau of Prisons to begin service of sentence.
- Presumed innocent
- Least restrictive bond conditions
- Goal is to keep individuals on bond…not revoke.
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- 772 Presentence Investigation Reports were written, district wide
- 1777 Offenders are being supervised per year district wide.
- Supervise defendants through the term of supervised release (TSR) or
Probation
- Length of supervision can be between 1 year and life depending upon the
conviction
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- The Federal Bureau of Prisons protects society by confining offenders in
the controlled environments of prisons and community-based facilities
that are safe, humane, cost-efficient, and appropriately secure, and
that provide work and other self-improvement opportunities to assist
offenders in becoming law-abiding citizens
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- Total Number – 207,982
- 14,005 Offenders were in Community Corrections Centers or on Home Confinement.
- In 2007…
- 22,105 Inmates participated in Drug Abuse Education Courses.
- 18,278 Inmates participate in Residential Drug Abuse Programs.
- 13,014 Inmates received nonresidential treatment.
- 16,517 Inmates participated in transitional drug abuse treatment at
Community Corrections Centers.
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- Average Age – 38
- Male - 93.4% Female -
6.6%
- White – 57.3% Black -
39.2%
- Hispanic – 32.4%
- Education – High School - 37.5%
- Education – Some College – 30.2%
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- Drug Offenses: 100,352 (51.9 %)
- Weapons, Explosives, Arson: 29,120 (15.1 %)
- Immigration: 21,689 (11.2 %)
- Robbery: 8,838 (4.6 %)
- Burglary, Larceny, Property Offenses: 6,811 (3.5 %)
- Extortion, Fraud, Bribery: 9,504
(4.9 %)
- Homicide, Aggravated Assault, and Kidnapping Offenses: 5,490
(2.8 %)
- Sex Offenses: 7,276 (3.8 %)
- Banking and Insurance, Counterfeit, Embezzlement: 849 (0.4 %)
- Courts or Corrections: 662 (0.3 %)
- Continuing Criminal Enterprise: 537 (0.3 %)
- National Security: 98 (0.1 %)
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- Less than 1 year: 3,588 (1.9 %)
- 1-3 years: 23,822 (12.3 %)
- 3-5 years: 28,371 (14.7 %)
- 5-10 years: 57,755 (29.9 %)
- 10-15 years: 38,541 (19.9 %)
- 15-20 years: 16,726 (8.6 %)
- More than 20 years: 18,532 (9.6 %)
- Life: 6,007 (3.1 %)
- Death: 51
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- Mid-Atlantic Region – Maryland
- North Central Region – Kansas
- Northeast Region – Pennsylvania
- South Central Region – Texas
- Southeast Region – Georgia
- Western Region - California
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- Drug Education
- Non-residential Drug Abuse Treatment
- Residential Drug Abuse Treatment
- Transitional Drug Abuse Treatment
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- Available at every Bureau Institution
- Educated on Biological, Social, and Psychological costs of alcohol and
drug use on their lives, the lives of their family, and their community
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- What does this have to do with me?
- This gives you a pretty good idea of the clients you will be treating.
- 96% of them will be released into the community at some point.
- Maybe not in our lifetime…
- but theirs.
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- Case staffing with the supervising officer, DATS and treatment provider
- Assessed to determine the needs/frequency of substance abuse treatment
- Financial status is evaluated for defendant co-payment participation
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- E-mail will contain the Prob 45
- PSI
- Release of Information
- Documents will be password protected
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- In client’s file signed by client and USPO
- Allows for free communication between client and treatment provider
- Authorization may be revoked by client at any time
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- Service Project Codes
- Co-Pay
- Substance abuse/Mental Health/Sex Offender Treatment Goals
- UA/Sweat Patch Collection
- Amended Plans
- Length and frequency of Treatment
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- See Section G.3i of BPA
- 0-15 minutes of treatment = .5 unit
- 16-30 minutes of treatment = 1unit
- 31-45 minutes of treatment = 1.5 units
- 46 to 60 minutes of treatment = 2 units
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- When you staff the case with the officer and it is determined that a
change in treatment is warranted, wait for the amended 45 before you
make any changes.
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- Counselor will address the stress related to pending Court hearings.
- Other stressors, waiting for the PSI and receiving the PSI.
- Do not discuss the instant offense itself.
- Be aware of the peeks and valleys throughout the Pretrial Supervision.
- It is the fear of the unknown.
- Immediate needs and keeping people stable.
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- Initial case staffing conference with probation officer to develop program plan
- Meet at least every 30 days (in person, by telephone or e-mail) with
probation officer
- Notification of missed appointments and urine tests within 24 hours
- Notification when treatment provider believes that a client’s needs have
increased or decreased
- Group size ideally no more than 12 – 15 members
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- Program Plans & release forms
- Introduction & Facilitate Communication
- Ensure client understands purpose & his responsibilities
(Expectations)
- Corroborate information
- Set the tone
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- Meet with USDC clients immediately
- Provide monthly treatment reports
- Provide progress reports every 90 days
- Document USPO/USPSO contact
- Notify USPO/USPSO of no-shows
- Include primary diagnosis
- Involve the USPO/PSO
- Sets expectations/rules
- Enforces rules (with USPO/PSO)
- Sets goals
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- Helps ID “payoff” for goal attainment
- Does not limit therapy where
- needed
- Individual, group, family, substance abuse, mental health, community
health
- Only requires therapy when needed
- Is direct
- Is not abusive
- Supportive but not placating
- Reminds client meaningful change requires continuous effort
- Insists on participation & truthfulness
- DO NOT DISCUSS THE VALIDITY OF THE TESTING INSTRUMENTS
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- Should you be called to testify in Court, please notify the DATS and/or the
USPPO assigned.
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- Counselors providing principal counseling services
- Advanced degree in behavioral science
- Preferably psychology or social work
- B.A/B.S. and two (2) years drug treatment training and/or experience
- Certified and/or have credentials for substance abuse treatment
intervention recognized by State or Local certifying agencies
- Paraprofessionals
- Only counsel under the direct supervision of, and in conjunction with,
professional counselors, after first obtaining the approval of the
contracting officer or his/her designee
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- There is no project code for pain and suffering.
- Please, please, please be familiar with the BPA and Statement of
Work. Each project code has
specific requirements. It is your
responsibility to be familiar with and meet the expectations.
- As DATS we are required to ensure the requirements are met. If they are not, well, let’s just say
I know peopleJ
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- An electronic form is acceptable if it provides the same information
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- All Services MUST be signed for by defendant/officer
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- Officer ensures Tx is sufficient, but not greater than necessary
- Officer ensures client understands the Tx plan & requirements
- Officer ID’s and assists in resolving Tx obstacles
(schedule/transportation)
- Officer alleviates fears/misconceptions of client by discussing/talking
openly of Tx. This may help in
motivating client.
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- Staff with USPO/USPSO and completion within 30 days of discharge.
- Officer will provide an amended 45 discontinuing services.
- Discuss client’s overall adjustment.
- Reason for termination and prognosis.
- Relapse prevention issues.
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- Be available to Treatment Providers
- Address concerns of both the officer and Treatment Provider
- Provide feedback to both the officer and Treatment Provider
- Review MTRs to monitor program plan compliance
- Conduct Semi-Annual Audits to monitor contract/program compliance (to be
discussed further)
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- Health Insurance Portability & Accountability Act
- Website: http://www.hhs.gov/ocr/office
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- Gives offenders right to withhold an authorization or revoke it
- Rule provides no protection against revocation
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- Requires health (treatment) providers to implement safeguards for “PHI”
- Privacy Rule does not apply to judiciary; but does apply to Tx providers
- Imposes criminal & civil penalties on providers who disclose PHI w/o
valid authorization
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- Individual (Client)
- Health & Human Services for investigation of compliance
- Attorneys (from client, not provider)
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- Describes info to be disclosed
- IDs who can disclose
- IDs who can receive disclosed PHI
- Sets expiration date
- Advises of right to revoke authorization
- Informs PHI may be re-disclosed
- Contains signature & date
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- Client can request that PHI be amended
- Provider can deny if:
- Information is not accurate and complete
- Information was created by a third party
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- If provider has already acted on authorization, revocation cannot be retroactive
- Does not prevent Court from viewing revocation as violation of
obligation to cooperate and imposing sanction(s), to include revocation
& custody
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- “Psychotherapy notes” may be deemed non-disclosable
- Notes documenting or analyzing the contents of conversations of
individual, group, or family sessions
- Notes may include discussions with USPO/PSO
- Notes should be separate from rest of record, to be deemed non-disclosable
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- HIPAA makes treatment provider the decision maker on PHI access requests
- HHS drug aftercare regs permit disclosure; but disclosure is not mandatory
- USPO/PSO is not precluded from sharing opinion with a provider about an offender
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- provider should keep ”notes” separate
- provider may withhold PHI if it may harm the client or another
- Examples:
- Another Inmate
- Information given under promise of confidentiality
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- Allows PHI to be released by provider without client authorization for
judicial proceedings and medical emergencies.
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- If provider has info from another source (USPO/PSO or family, for
instance) that would likely reveal source of info, provider may deny
access.
- PSI & similar documents are in gray area – Label these as
CONFIDENTIAL & Not subject to Re-disclosure.
- PSI, if printed, should be shredded after 6 months, at a minimum.
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- Are they part of treatment or not?
- Would provider have any written indication of results?
- USPO/PSO does not have to surrender, as HIPAA not incumbent on us (we
are not providers.)
- If Tx Providers have info, they make the decision.
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- Call Dana or Stephanie and we will get the answer for you.
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- Co-payments
- “The vendor shall: a. Be
responsible for the collection of any co-payment authorized on the
Program Services Plan and deduct any collected co-payment from the
invoice prior to submission; … ”
- THE MORE CO-PAYMENTS YOU COLLECT, THE MORE MONEY YOU EARN (Administrative
fee)
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- Co-payments (cont.)
- You may charge a “reasonable monthly fee, to administer the collection
of fees from clients, not exceeding five (5) percent of the monthly
funds collected.” (Section C28.d. of BPA)
- THIS IS FREE MONEY TO YOU!
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- Make sure to separate invoices for Pretrial Services and Probation
- Invoices are to be received by the 10th of each month
- If you have both a mental health and substance abuse BPA or NCPO, please
separate the two invoices and provide documentation for each
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- Make sure there is a signature on the
- Authorized Administrators line
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- This is an Excel Spreadsheet formatted with all the correct project
codes and prices for your contract
- Can be provided to you by USPPO
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- Monthly treatment Reports
- Sign in Logs
- Any evaluations which were ordered
- Supporting documentation for medication
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- Once the invoice and supporting documents are received, Dana and
Stephanie go through each document and compare it to part “B”.
- If anything is missing, we will call you.
- If you should have billed us more or less units, you will get an e-mail
from Tammy notifying you of the change.
- Our automated system will give us error reports.
- If you have double billed us, by accident, we will know.
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- We have almost 70 vendors.
- We get boxes of billing from some.
- It is very helpful for us when we receive your billing that you have
organized it and provided the documentation to the best of your ability.
- Do mistakes happen? Yes.
- Trust me, I do not live in a glass house (it requires too much
cleaning).
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- On occasion the Treatment Provider will be notified of the date and time
of the audit
- Notification is not required
- What we are looking for is not a Government secret. In your packet we have provided you
with our file audit and monitoring reports.
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- PSI’s in file – If printed, they need to be shredded after 6 months
- Treatment does not match up with 45
- Officer contact not documented
- No indication of officer notification of no-shows
- No release of information
- Outdated Certifications on wall
- Building certifications outdated
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- We utilize both Urinalysis and Sweat Patch to test for drug use.
- The Sweat Patch is our primary testing instrument.
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- Should you discuss the validity of the testing instrument or nanogram
levels.
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- Form must be filled out completely and SIGNED
- Most will be Confirmation Only
- Be sure to indicate which drug
- NEVER order Secondary Test Panel or Special Test Panel
- Individual Special Tests at USPO request
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- Please include date and ID #
- SPECIMEN # is sticker taken from the chain of custody form
- Indicate why taken and type of test
- Offender/defendant MUST sign
- Confidentiality must be maintained
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- CONSISTENCY & ACCURACY
- CONSISTENCY & ACCURACY
- CONSISTENCY & ACCURACY
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- Donor Name and ID # (PACTS #)
- Observer Name
- PharmChek No MUST be entered
- Application Date and Initials
- Observer Signature
- One Barcode Sticker for Log Sheet
- Donor ID # is
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- Enter Client ID #
- Enter Client Name
- Patch # is NOT required
- Specimen # is barcode sticker from chain of custody form
- Date and Time of Application
- Fax Log Sheet to USPPO
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- MUST VERIFY PHARMCHEK NO.
- Date Removed and Initials
- Compromised – MUST BE YES OR NO – If Yes, MUST say how – KEEP IT
SIMPLE (Use Comments Box if
needed)
- Any Meds? (If list is short write
it down)
- Donor MUST initial
- Observer MUST sign
- Donor and Observer MUST initial
Security Seal
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- Date and Time of Removal
- Was it Compromised?
- If so, was UA taken?
- If so, indicate POS or NEG
- Fax Log Sheet to USPPO
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- The Western District of Missouri in conjunction with the University of
Central Missouri is conducting a study.
- We want to know if the mode of treatment and testing we are recommending
is working.
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- Group vs. Individual or both
- Officer involvement
- Sweat Patch or UA
- Co-pays
- 30 days, 60 days, 90 days
- What helps the offender/defendant stay clean and sober?
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- Once implemented, you will be asked to assist in the collecting of data,
i.e. completion of the survey.
- At the beginning of treatment
- At the end of treatment
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- Consistency
- Accuracy
- Honesty
- No doubts
- Your actions may be reviewed in Court
- Urine samples to be obtained/observed by same sex personnel
- Urine samples are to be mailed out the same day they are obtained
- Contact your Divisional Office when you need supplies
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- Is it really necessary to work toward “0” defects? YES
- If you’re willing to accept 99.9% perfection, you’d have to accept:
- 1 hour of unsafe drinking water every month
- 2 unsafe landings and takeoffs at O’Hare International Airport every
day
- 16,000 pieces of mail lost by the U.S. Postal Service every day
- 500 incorrect surgical operations done each week in the U.S.
- 50 newborn babies dropped by doctors at birth every day
- 22,000 checks deducted from the wrong checking accounts every hour
- 32,000 missed heartbeats per person per year
- Think About It!
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- Avoid compromising relationships
- Do not employ or contract with clients
- Report any unethical behavior or appearance of such
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- Providing dance/piano lessons to clients
- UA’s to non-clients
- Taking money to change or not report positive drug test
- Over-billing
- Using client services or skills
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- Wise people know what they don’t know.
- Wise people seek counsel.
- No one is so successful that he or she no longer needs wise counsel.
- You will never reach your full potential without utilizing the wisdom of
other people.
- Wise counsel may come from unlikely sources.
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- Nope! And neither do I;
- but I am willing to seek wise counsel.
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- Our District Web site is
- http://www.mow.uscourts.gov/probation_pretrial/
- There you will find a copy of all the forms you need to use.
- Officerfirstname_last@mow.uscourts.gov
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- Stephanie K. Wiley
- 816-512-1329
- Stephanie_Wiley@mow.uscourts.gov
- Dana Chance
- 816-512-1475
- Dana_Chance@mow.uscourts.gov
- 400 East 9th, Suite 4510
- Kansas City, MO 64106
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