Volume 23, No. 8 May 2013 

E-SJI NEWS SJI NEWS

In this Issue 

Immigration and the 

State Courts Bench 

Cards 

1 - 2 

California Risk Assessment Pilot Project 2 

Vermont Language 

Connection 

3 

Page 1 

Immigration and the State Courts Initiative 

Releases Updated Bench Cards 

As part of SJI-sponsored Immigration and the State 

Courts Initiative, the Center for Public Policy Studies (CPPS) has produced a series of bench cards to 

provide quick access for state criminal, juvenile, and 

family court judges and court managers. The bench 

cards are available for download on the SJI website. 

The bench cards are designed to help judges and 

court managers identify circumstances where a litigant’s immigration status and potential immigration 

rights might affect the outcome of a state court case 

or limit the options available to a judge in determining criminal sentences or case dispositions in juvenile and family cases. They are intended to provide 

an accessible guide to the major issues that a state 

court judge may face in dealing with immigrant litigants. 

The Initiative has produced 14 bench cards discussing how the immigration issues link to state court 

processing. Nine (9) of the cards are revised versions of cards produced earlier, and 5 are cards on 

new topics not addressed in the original set of cards. 

The cards include the following: 

Glossary of Key Immigration Terms. This card 

provides definitions of the most important immigration terms. 

Overview of Types of Immigration Status. This 

describes the eligibility requirements for naturalization, lawful permanent resident status, 

VAWA self-petitioner status, Special Immigrant Juvenile status, T (trafficking victim) and 

Follow SJI on 

Facebook and 

Twitter

For the latest information on 

projects, grant application deadlines, and updates. Connect 

with us on both forums by visiting our Facebook and Twitter

pages. 

U (crime victim) visas, and temporary visas. 

Overview of Immigration Consequences of 

State Court Criminal Convictions. Conviction 

of a variety of crimes can cause a person to be 

deportable, inadmissible, or ineligible for discretionary immigration relief. 

Eligibility for Probation, Work, Benefits, and 

Services. Immigration status can affect a litigant’s eligibility for work authorization and 

federally or state funded treatment or services 

that might be ordered by a judge. 

Risks to Immigrants From Drug Court Participation. Participation in drug court poses risks 

to immigration status for any immigrant, including lawful permanent residents. 

Good Moral Character. Good moral character 

is a requirement to be eligible for a variety of 

discretionary benefits, including naturalization. 

Child Custody and Placement. Immigration 

status can affect where and with whom immigrants will be able to live. 

Immigration Rights of Battered Spouses and 

Children. There are some special protections for 

immigrant battered spouses and children, including pathways to becoming a lawful permanent resident. 

Special Immigrant Juvenile Status. This is a 

pathway for abused or abandoned unauthorized 

Continued on page 2 
E-SJI News Volume 23, No. 8 May 2013 

Page 2 

California Risk Assessment Pilot Project 

The California Risk Assessment Pilot Project 

(CalRAPP) began in 2009 as a joint project of 

the California Administrative Office of the 

Courts (AOC) and the Chief Probation Officers of California, and is jointly funded by the 

Department of Justice/National Institute of 

Corrections (NIC) and SJI (SJI-09-I-080 and 

SJI-10-I-173). 

The project is designed to explore the ways in 

which evidence-based practices (EBP) and 

offender risk/needs assessment information 

could successfully be used in adult felony 

sentencing and violation of probation proceedings to reduce offender recidivism and improve offender accountability. Four California 

counties (Napa, San Francisco, Santa Cruz and 

Yolo) are participating in the pilot project. 

Recidivism rates of offenders were tracked at 

baseline (i.e., prior to program implementation) and will be compared to the rates of similar offenders at a designated follow-up period 

after EBP have been implemented. 

Since the start of the project, California has 

enacted two laws that significantly changed 

the state’s criminal justice landscape generally, and CalRAPP specifically. In 2010, the 

California Community Corrections Performance Incentive Act (SB 678) went into effect. 

SB 678 authorized the state to allocate money 

each year to a Community Corrections Performance Incentive Fund in each county to 

fund evidence-based supervision of adult felony probationers. At first, SB 678 overwhelmed the California probation departments 

and delayed CalRAPP implementation in the 

pilot counties, but long-term this legislation 

was effective in expanding the implementation 

and use of evidence-based supervision practices in the CalRAPP counties and across the 

state. 

In 2011, California adopted the Criminal Justice Realignment Act that shifted responsibility 

for more than 60,000 lower-level offenders 

and parolees from the state to local community 

corrections programs. The realignment legislation has been called the most dramatic change 

in California adult corrections since statehood. 

Probation chiefs in all four CalRAPP counties, 

together with their justice system partners, have 

confirmed that participation in this pilot project 

made them better prepared for the dramatic 

changes initiated by realignment. 

After passage of the realignment legislation, the 

AOC expanded the scope of the project to provide CalRAPP counties with training and technical assistance on incorporating EBP and risk/

needs assessment information into critical court 

decision-making processes with the new realigned populations (those on post-release community supervision and mandatory supervision), 

including pre-trial release determinations, at 

sentencing, and in responding to violations of 

supervision. 

Advising Juveniles in Delinquency Plea 

Hearings. Actions by a juvenile in a delinquency hearing can jeopardize his or 

her immigration status or eligibility for 

certain discretionary immigration benefits. *NEW*

Requirements of the Hague Convention. 

The Hague Convention applies to parental responsibility and the protection of 

children in international situations. 

*NEW*

Requirements of the Vienna Convention. 

The Vienna Convention provides for the 

right of a national of one signatory country who is in prison, custody or detention 

in another signatory country to converse 

and correspond with the consulate of his 

or her home country. *NEW*

Immigration Rights of Victims of Human 

Trafficking. There are non-immigrant 

visas available for individuals who have 

been the victims of human trafficking, 

including T visas, U visas, and VAWA 

self-petitioner rights. *NEW*

Uses of State Criminal Court Records in 

Immigration Court Hearings. Immigration courts routinely use a wide range of 

records from a criminal trial in determining whether a particular conviction is for 

a crime that carries immigration consequences under Federal immigration law.

*NEW*
Page 3 

SJI Board of Directors

Chairman 

James R. Hannah 

Chief Justice 

Supreme Court of Arkansas 

Little Rock, AR 

Vice Chairman 

Daniel J. Becker 

State Court Administrator 

Utah AOC 

Salt Lake City, UT 

Secretary 

Gayle A. Nachtigal 

Judge 

Washington County Circuit Court 

Hillsboro, OR 

Treasurer 

Hernan D. Vera 

President & CEO 

Public Counsel Law Center 

Los Angeles, CA 

Chase T. Rogers 

Chief Justice 

Supreme Court of Connecticut 

Hartford, CT 

Jonathan Lippman 

Chief Judge of the State of New York 

New York Court of Appeals 

New York, NY 

David V. Brewer 

Justice 

Oregon Supreme Court 

Salem, OR 

Wilfredo Martinez 

County Judge 

9th Judicial Circuit of Florida 

Orlando, FL 

Marsha J. Rabiteau 

Executive Director 

Legal Policy Strategies Group 

Bloomfield, CT 

John B. Nalbandian 

Partner 

Taft Stettinius & Hollister LLP 

Cincinnati, OH 

Isabel Framer 

President 

Language Access Consultants, LLC 

Copley, OH

Jonathan D. Mattiello 

Executive Director 

The State Justice Institute is a federallyfunded, non-profit corporation established by 

federal law in 1984 to improve the quality of 

justice in the state courts. 

E-SJI News Volume 23, No. 8 May 2013 

Vermont Language Connection 

With multi-year support from SJI, the Vermont Judiciary has made substantial gains in 

improving access to justice for limited English 

proficient individuals. The court interpreter 

project culminated this year with the adoption 

of Vermont’s Language Access Plan (SJI-11-T

-006), and the transfer of the project to a freestanding centralized interpreter entity supported by a statewide collaboration of stakeholders (SJI-12-T-008). 

Most of Vermont’s interpreters come from 

refugee communities. Although they may be 

highly proficient in English, they are not 

trained interpreters. Demand for interpreter 

appointments in a given language is not 

enough to sustain a living, so most have other 

full-time jobs and interpret on the side. As a 

particular community integrates and learns 

English, the demand further diminishes. Thus, 

there is little incentive for interpreters to continuously improve skills and techniques. In 

addition, many lack the English language 

skills, in terms of legal terminology and legal 

system experience necessary to interpret in the 

courtroom. 

There were numerous challenges to providing 

qualified interpreters in Vermont. These include concerns about adequate training; cultural sensitivity; availability of interpreter 

resources; and access, scheduling, and cancellation policies. SJI support enabled the Vermont Judiciary to conduct multiple interpreter 

training events and administer the first written 

test for interpreters (SJI-10-T-008). They also 

created the Vermont Judiciary Court Interpreter Manual, and adopted the Vermont Language Access Plan. In addition, judges and 

staff received training on procuring interpreter 

resources. 

The Vermont Judiciary hosted three Interpreter 

Summits inviting stakeholders from government, law enforcement, medical, and nonprofit organizations to come together to address a shared responsibility to provide interpreters. The Vermont Language Connection 

(VLC), a centralized interpreter entity designed 

to provide training, testing, credentialing of 

interpreters, and track interpreter credentialing, 

was established as a result of these summits. 

The Vermont Judiciary continues to improve 

interpreter quality by engaging with partners 

who share a vision of providing enhanced language access services. The Judiciary will continue to be a leader in providing court interpreter training, service provider training, and 

court staff education, working with the VLC as 

it continues to build its operations. 

Many of the resources developed as a part of 

these efforts are available in the NCSC Library eCollection.