genesee county probation department

These may be tough economic times, but local folks came through and gave plentifully during Genesee County Probation Department's annual Stuff the Cruiser collection last month.

The department reported that more than 450 local children were provided with gifts for the 2022 Christmas season, thanks to the Stuff the Cruiser event on Dec. 3 at Batavia Towne Center. As the name implies, the trunks of police vehicles were opened for people to place their donations inside, as shown in the photo below. 

An online post made by the department gave nods of credit for the "great work by the representatives of the Genesee County Probation Department, the Genesee County Sheriff's Office, and the Genesee County Department of Social Services for their help in coordinating this event."

"And, of course, thank you to the community of Genesee County who made the extra effort through the gift of giving to local families in need," it stated. "These types of events are such a benefit to the community and we can't thank you enough!"

Top Photo: Members of Genesee County law enforcement and Social Services organize the generous donations from the 2022 Stuff the Cruiser collection, photo from GC Probation Department site. Above, file photo of Deputy Jordan Alejandro with the cruiser during the collection, by Howard Owens.

Commended by the Genesee County Legislature this afternoon for “standing in the gap” during the COVID-19 pandemic, Genesee County Probation Department employees were honored with a proclamation designating July 18-24 as Pretrial, Probation and Parole Supervision Week.

Legislator Gordon Dibble presented Probation Director Timothy Michalak with the proclamation at a meeting at the Old County Courthouse.

Legislature Chair Rochelle Stein thanked probation officers for conducting COVID-related home visits and volunteering to work at the county's mass testing and vaccination clinics.

Michalak thanked legislators for the recognition, stating, “As we all emerge from this pandemic, our officers who did a fantastic job will continue to work hard and make a positive change within individuals and our community, with a particular focus this year on restoring trust and encouraging hope.”

The proclamation reads as follows:

“WHEREAS, community corrections is an essential part of the justice system and probation officers uphold the law with dignity, while recognizing the right of the public to be safeguarded from criminal activity; and

WHEREAS, community corrections professionals are responsible for supervising adult and juvenile offenders in the community and are trained professionals who provide services and referrals for offenders, and

WHEREAS, community corrections professionals work in partnership with community agencies and groups while promoting prevention, intervention and advocacy; and

WHEREAS, community corrections professionals provide vital services, support, and protection for victims and are advocates for community and restorative justice; and

WHEREAS, Genesee County Probation Officers have endeavored to maintain public safety while managing the added challenges and stressors of a global pandemic and volunteered to stand in the gap when called upon to conduct COVID-related home visits and work at the mass testing clinics and vaccination clinics, and

WHEREAS, Members of the Genesee County Probation Department partnered with law enforcement and county departments during the holidays to ensure children and seniors in need received a gift or food through the “Stuff the Cruiser” and Holiday Tote Project, and

WHEREAS, community corrections professionals are a true Force for Positive Change in our communities, Now, Therefore, Be it

RESOLVED, that in humble appreciation of our hard-working probation professionals, the Genesee County Legislature does hereby proclaim July 18-24, 2021 as Pretrial, Probation, and Parole Supervision Week and extends our gratitude for their conscientious service and achievements.”

Photo from left: Legislator Gordon Dibble, Probation Director Timothy Michalak, Probation Officers Bryan Pike, Terri Buchholz, Jason Mindler, Carly Luttrell, Beatriz Mateos, Ben Heale, Supervisor Kevin Wright, Officer Jessica Turman and Supervisor Rachel Sanfratello. Other members of the Probation Department staff are Senior Officers Michele Tucci, Jeremy Barber and Traci Russo and Officers Bill Bogan and Jeff Hyde. Photo by Mike Pettinella.

Noting that it was “bound to happen sooner or later,” Genesee County District Attorney Lawrence Friedman is overseeing a relatively inexperienced staff as he moves toward retirement after more than 24 years on the job.

Friedman provided a review of his department at Monday’s Genesee County Legislature’s Public Service Committee meeting, reporting that all five of his line assistant district attorneys were hired during the past 27 months, and when he retires at the end of this year, the office will have another new attorney.

He said he hopes that these attorneys – Kaitlynn Schmit, Joseph Robinson, Robert Shoemaker, Andrew DiPasquale and Aaron Moore – will continue to serve the county after his departure.

“I’d like to think that most of them will stay,” he said. “Eleven years ago, every attorney had more than 20 years’ experience. When I retire, nobody will have more than two and a half years. It’s a major change, and I guess it was bound to happen sooner or later.”

First Assistant District Attorney Kevin Finnell, who has been an assistant DA for 30 years, is running unopposed in November to succeed Friedman.

Friedman was an assistant district attorney for six years and first assistant DA for nine years prior to becoming the DA.

He said it has yet to be determined if Finnell’s position will be filled internally or not.

In his report, Friedman said that operations have not returned to pre-pandemic conditions, stating that town and village courts have reopened but on a limited basis. County Court recently returned to full staffing but many matters are being handled virtually.

The county’s first post-COVID-19 felony jury trial is taking place this month.

“We have, not surprisingly, built up a substantial backlog of cases and it will take quite some time to get caught up,” he reported, adding that it is a cause for concern with many new employees on board.

He said he is requesting the creation of a temporary assistant DA position and also hopes to find an experienced prosecutor to fill in for another assistant DA who will be on parental leave.

Friedman reported that a Discovery Reform grant for $228,720 has been obtained, with $3,791 going to the Village of Le Roy, $48,898 to the City of Batavia and the remaining $176,031 to Genesee County. The latter amount fully covers the Discovery Reform expenses incurred for the one-year grant period by the DA’s office and Sheriff’s Office, he said.

PROBATION DEPARTMENT UPDATE

County Probation Director Timothy Michalak presented his department review as well, reporting that about 500 adults currently are on probation and that he expects that number to go up.

“(With bail reform,) you can’t put anybody in jail so, yes, I believe it will increase,” he said.

Michalak reported that the department’s probation officers are handling an average of 70 cases each, calling that number “not terrible – a bit over the 50 that is recommended,” but thinks that amount is bound to increase as the court system returns to normal.

He informed the committee of the department’s “Ce Check-In” software that enhanced its supervision during the pandemic with time, date and location stamps and, on smart phones, photo capability.

“Going forward, we’re going to continue using it to a smaller extent,” he said.

Concerning the department’s budget, Michalak said he saw no major issues, and anticipates receiving full reimbursement from New York State – not the 20 percent less than he had budgeted.

He also said Probation received $30,000 more in Department of Social Services shared services funding, and that covers a large percentage of two juvenile probation officers and one juvenile supervisor.

SHERIFF’S OFFICE RENEWS SRO PACTS

On another law enforcement front, the PSC recommended approval of renewals of memorandum of understanding with Alexander, Pembroke, Oakfield-Alabama school districts and Genesee Valley BOCES for school resource officers for the 2021-22 school year.

The Alexander contract covers a full year – July 1-June 30 – while the Pembroke and O-A pacts run from Sept. 1-June 30. Genesee Valley BOCES increased its coverage from 10 to 12 months.

The full year costs to each district and BOCES are in the $98,000 to $99,000 range.

Sheriff William Sheron submitted another resolution to accept $41,876 from the state Division of Criminal Justice Services to continue the Community Service Sentencing Program and Pretrial Services Program for one year, starting July 1.

The sheriff also reported that the Village of Bergen wishes to renew a contract for additional road patrols for another year, effective June 1, at a cost not to exceed $13,500.

The PSC recommended for approval both the grant and increased road patrol resolutions.

Photo and press release from the Batavia Police and Genesee County Probation departments:

The Batavia Police and Genesee County Probation departments have teamed up to warn citizens of the potential dangers associated with the possession of BB and Airsoft guns.

The concern comes from how close BB and Airsoft guns appear to actual firearms, especially if they have been modified to appear more realistic.

Airsoft guns are generally shipped with an orange tip to help distinguish them from actual firearms, but both police and probation have encountered guns which have been painted to appear real.

For those who missed this year's National Night Out on Tuesday, Genesee County Probation had both a real firearm and a BB gun on display with the posed question, “Which one is the real gun?” Citizens found that even with a close inspection, let alone a split-second decision, it was difficult to tell which one was real. 

Although Batavia has not had a lethal incident involving a citizen with a BB or Airsoft gun, other areas of the country have, which prompted the partnership and this warning.

If anyone with these items on them gets approached by an officer, they should keep their hands away from the firearm, keep their hands visible and follow the officer’s commands.

In a situation where firearms are involved, officers have a split-second decision to make, and if these BB guns and Airsoft guns are altered it can be difficult to distinguish them from a real firearm in that brief moment.

It doesn’t matter if the citizen knows they have a BB gun or a toy gun painted to look like a real firearm, because if the officer does not know and the citizen points it in the direction of an officer or another person, an officer could easily make the justified split-second decision to use deadly physical force.