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The recruiting battle between NCAA collegiate hockey and the Canadian Hockey League ("CHL") is forcing teenage hockey players to make a career decision early in high school:  whether to compete on an NCAA collegiate hockey team, or to compete at the major junior level in the CHL, which would take away their NCAA hockey eligibility.  Because collegiate hockey coaches and major junior teams are seeking talent from the same age bracket, NCAA Legislative Counsel is considering a proposal that would allow college coaches earlier, more frequent contact with players in an effort to stay competitive with major junior teams' recruiting efforts. The CHL consists of three Canadian-based member leagues with players between the ages of 16-20:  the Ontario Hockey League, the Western Hockey League, and the Quebec Major Junior Hockey League.  The CHL is considered the most direct path to a professional NHL contract, making it an attractive option for young players.  According to Andrew Podnieks in an article for the New York Times, CHL players receive a minimum stipend per week from the league, and an education package that includes a percentage of tuition for each year the player active.

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When the Canadian Hockey Association classifies Canadian and American ice hockey teams as major junior teams, the NCAA labels them professional teams.  When a recruit chooses to compete in the CHL, he is no longer considered an amateur under NCAA rules, and his eligibility for collegiate ice hockey is lost. A recruit’s collegiate ice hockey eligibility is put at risk even in a major junior team try-out situation.  Since many CHL players have signed professional contracts with NHL teams, playing an exhibition game or scrimmage against another CHL team as part of a try-out for another CHL team results in a loss of eligibility because the recruit participated in competition against professional athletes. The NCAA has strict rules that regulate recruiters' contact with players.  Pursuant to the NCAA Division I manual, a Division I college hockey coach cannot contact a recruit until June 15 of the end of the recruit’s sophomore year in high school.  The CHL, alternatively, does not have these recruiting limitations, so NCAA coaches have less time to convince players to join their college teams.  By a player’s sophomore year, major junior league teams have already aggressively recruited notable players, so college hockey may not be a consideration for these players. The battle to recruit young talent has placed pressure on the NCAA to allow coaches to relax Division I collegiate hockey recruiting rules.  Proposal 2013-25-B intends to allow unlimited calls to a recruit at the discretion of the college starting January 1 of the individual’s sophomore year.  The proposal would also allow for off-campus contact recruiting opportunities after June 15 of the end of individual’s sophomore year, which is a change from the current rule that only allows for off-campus contact during the recruit’s senior year.  Under the proposed new rules, college coaches would also be allowed to give recruiting materials to players after January 1 of their sophomore year.  Additionally, electronic correspondence, such as emails, instant messages, and texts, would be deregulated as long as they are kept private between the sender and the recipient. Ultimately, the new recruiting rules would allow for NCAA hockey coaches and major junior teams to meet on a more level field as they vie for young recruits.  Consequently, Canadian hockey players would be empowered to make more informed choices about their futures. Posted Jan. 21, 2014

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In response to the high percentage of veterans involved in the criminal justice system, Veterans Courts have been forming across the nation more rapidly than any other problem-solving court.  In Pennsylvania, the three branches of government have coordinated statewide assistance and programming for veterans.  Pennsylvania programming for veterans includes Veterans Courts in 17 counties and several Magisterial District Court Veterans Diversion programs. Most of the programming focuses on diverting veterans at the front end of the criminal justice system, but little to no formal programming occurs at the tail end of the criminal justice system.  To more effectively reduce recidivism amongst Pennsylvania’s veteran population, counties should develop reentry programming, with a combination of in-custody and out-of-custody programming, specifically designed for incarcerated veterans. Traditional forms of criminal punishment, like incarceration, without the use of some form of treatment, do not reduce recidivism, and at times can even increase the likelihood of recidivism.  While the types and methodology of reentry programs vary greatly, they all use problem-solving principles and strategies to keep participants from reoffending.  Reentry programming for the general jail population is already occurring at varying levels of intensity in most Pennsylvania counties.  Creating a specifically veteran-focused reentry program would allow incarcerated veterans to utilize benefits not available to other incarcerated individuals, such as benefits provided by the U.S. Department of Veterans Affairs (“VA”) and various job and housing related resources provided by veteran service organizations.  Counties can partner with the VA’s Veterans Justice Outreach (“VJO”) specialists under the VJO Program to provide VJO assessments to the veterans.  This assessment is the tool used to determine which treatment services the VA can and should provide and covers areas such as medical issues, financing, housing, substance abuse, and mental health.  All of these areas are common problem areas for offenders as they transition from in-custody to out-of-custody. The focus on reentry programming in Pennsylvania would come as a timely addition to Pennsylvania’s Justice Reinvestment Initiative and the 2012 Criminal Justice Reform Act.  Act 122 of 2012 established sentencing guidelines intended to provide more flexibility for prosecutors and judges to impose the most cost-effective incarceration and rehabilitation options.  The partner act, Act 196 of 2012, reinvests the savings generated from Act 122 to establish programs designed to properly prepare inmates for reintroduction to the community.

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Act 122 created risk-assessment tools for judges to use when sentencing individuals.  Including risk-assessment tools that factor in an individual’s service-related trauma or mental health disorder would be a more effective tool of identifying veterans early on in the criminal justice process and administering justice. Any veteran reentry program that is created should require participants to be eligible for VA benefits.  VA eligibility is necessary because the vast majority of assessments and treatment for each veteran would likely be made available through federally funded VA services.  Furthermore, the veteran should be assessed as someone who needs treatment for Post-Traumatic Stress Disorder (“PTSD”), Traumatic Brain Injury (“TBI”), Military Sexual Trauma, or some type of alcohol, psychological, or substance abuse problem.  The veteran should have some kind of treatment need for the reentry programming to reduce recidivism and have a meaningful impact on the individual. Oregon is a leading example of the benefits that can come from effective reentry programming.  From 1999 to 2004, reentry programming in the state led to a 32 percent decrease in recidivism.  Oregon’s reentry programming, although not veteran-specific, uses a comprehensive multi-agency, multi-level approach to effectuate change amongst the offenders.  Oregon inmates receive risk and needs assessments at intake, targeted case management during incarceration, and transition planning that begins six months before release. Many veterans grow from their military service, but the past decade of combat has left many veterans suffering from mental health disorders and/or substance abuse.  PTSD and TBI are now the signature wounds of the wars in Iraq and Afghanistan, and the likely influx of veterans in the criminal justice system is sure to follow.  By having veteran reentry programs already in place and running, counties will be more prepared to effectively treat veteran offenders and reduce recidivism amongst their population.  In coordination with Pennsylvania's other veteran programs, reentry programs help ensure that our criminal justice system will "leave no one behind…" Posted Jan. 16, 2014
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Please join us in congratulating the following Penn State Law students who were chosen as Resident Forum Bloggers.  Each student will blog on a specific area of the law once a month for the next five months.
  • Nicole Anderson - criminal justice system relating to veterans in Pennsylvania
  • Justin Fiorilli - legal education trends and efforts to reform
  • Michael James - intellectual property law in emerging technologies
  • Kimberly John - collegiate athletics compliance issues
  • Sean Jorgensen - social media and the workplace
  • Sarah Lederach - shale development law and policy in the U.S.
  • Adam Martin - current issues in securities regulation
  • Marcella Rabinovich - human rights issues in international law
  • Dustin Segovia - technology related criminal procedure issues
  • Giancarlo Serrato - domestic and international issues in U.S. tax law and international banking
  • Stephen Worthington - educational equity in Pennsylvania
Look for their posts beginning this week!

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