Loading...
HomeMy WebLinkAbout20131630.tiff• Weld County Community Corrections Board Annual Report 2012 • • Prepared by Sharon Behrens and Doug Erler Justice Services Division 2013-1630 INTRODUCTION The Weld County Community Corrections Board presents its 2012 Annual Report to the Board of County Commissioners and other interested parties. This report highlights the work of the Board over the past year and of programs under its statutory control. The Board is comprised of nine (9) highly dedicated members and is administratively supported by professional staff. This past year saw the departure of two members: Undersheriff Rick Dill, who retired from the Weld County Sheriff's Office and Chief Probation Officer, Kevin Nelan who transferred to the 1st Judicial District to lead that district's Probation Department. The Board welcomed Offender Supervision Bureau Chief, Sterling Geesaman from the Sheriff's Office and new Chief Probation Officer, Jerry Green. The Full Board meets monthly to discuss operational, funding and legislative matters and weekly as a scheduled 3 -person Review Committee to review and approve offenders for placement into our various programs. We continue to appreciate Weld County's dedication in providing resources that help protect our citizens and give opportunities to certain offenders to become self sufficient and less burdensome on our taxpayers. If you have any questions about this report please feel free to contact any member of the Board or staff to the board. Sincerely, Kevin Strobel Chair, Weld County Community Corrections Board 1 TABLE OF CONTENTS KS Introduction p. 1 Table of Contents p. 2 A. Summary pp. 3 - 5 B. Board Objective p. 5 C. Noteworthy Board Activities and Achievements pp. 5- 6 D. Ongoing Objectives for 2013 pp. 6 -7 E. Intensive Supervision Program and Parole Services pp. 7- 8 F. Community Corrections Offender Types & Data (ICCS) pp. 8- 17 1. Offender Referrals 2. Referrals Detail 3. Sample of Noteworthy Data at ICCS 4. Offender Finances at ICCS 5. Offenders Served at ICCS 6. Overall Supervision Terminations at ICCS 7. Overall Successful Completions at ICCS 8. Overall Unsuccessful Completions at ICCS G. Summary of ICCS Offender Program Activities for 2012 pp. 17- 18 Appendix p. 19 WCCCB Offender Acceptance / Rejection Placement Criteria pp. 20 - 23 2 A. SUMMARY Inauguration: The Weld County Community Corrections Board (WCCCB) formally became a County Board in 1981 with the adoption of various Resolutions by the Board of County Commissioners. Program Overview: Community Corrections is defined in Colorado Revised Statutes §17-27-102(1) in part as follows: Community corrections program means a community based or community oriented program that provides supervision of offenders pursuant to this article, which is operated by a unit of local government, the Department of Corrections, or any individual corporation , or association which may provide residential or non-residential services for offenders, which monitors activities for offenders, which oversees victim restitution and employment, enrolling and maintaining academic courses, participating in vocational training programs, utilizing the resources of the community in meeting their personal and family needs and providing treatment, participating in whatever specialized programs that exist within the community, and such other services as may be appropriate to aid in offender rehabilitation and public safety. Community Corrections Board: Community Corrections Boards are statutorily authorized to accept or reject the placement of any offender into a community corrections program in their respective jurisdictions (CRS §17- 27-103 (5). The Weld County Community Corrections Board, like others in the State, has its own operating procedures and rules, with some variance in policies. A rigorous review process is established for placing offenders in Weld County that is designed to provide local control and protect the public from the placement of offenders not desired by the community. • Community Corrections Boards Enhance Public Safety and Allow Local Control Membership: The Board consists of nine (9) members appointed by the Board of County Commissioners, its Bylaws and by law. Members serve at the pleasure of the Weld County Board of Commissioners, until resignation, or failure to comply with attendance and/or other requirements of the Bylaws. Current Members: • Chief Public Defender — Kevin Strobel (CHAIR) • Assistant District Attorney — Michael Rourke (VICE CHAIR) • Chief Probation Officer —Jerry Green (TREASURER) • The Honorable Thomas Quammen • Chief of Police & Town Administrator —Jim Burack (Town of Milliken) • Offender Supervision Bureau Chief —Sterling Geesaman (Weld County Sheriff's Office) 3 • Citizen -At —Large — CJ Archibeque (City of Greeley) • Citizen -At -Large — Ed Phillipsen • Citizen -At -Large — Colleen Flack Responsibilities: There are generally six (6) responsibilities authorized to Community Corrections Boards by law: 1. To review and determine the acceptability for the community placement of convicted felony offenders referred by the Courts and Department of Corrections; 2. To establish conditions or guidelines for the conduct of offenders placed in any community corrections facility/program within the jurisdiction; 3. To approve or disapprove the establishment and operation of all community corrections programs within the jurisdiction; 4. To serve in a planning and coordinating capacity for county government that created the Board on matters relating to criminal justice and corrections; 5. To enter into contracts or receive grants from state, federal, or private organizations related to the provision of community corrections services; and 6. To establish and enforce standards for the operation of community corrections programs. Meetings: The Board meets as a Full Board monthly at 12:00 PM at the 19th Judicial District Probation Office main conference room on the fourth Tuesday of the month and/or as otherwise called by the Chair. Review Committees: On a rotating basis, Board members also meet each Wednesday at 12:00 PM at the Weld County Justice Services Division Office, 915 10th Street, #334 Greeley, CO 80632 or as otherwise deemed necessary, to screen for the placement of adult offenders at the community corrections facility and/or other programs through the Department of Corrections. Sub -Contracted Vendors: ➢ Intervention Community Corrections Services (ICCS) ➢ BI, Inc. ➢ Rocky Mountain Offender Management Systems, LLC. (RMOMS) n Professional Staffing: The Weld County Justice Services Division provides day-to-day administrative support to the Community Corrections Board. The Division is lodged within the General Services Department 4 for Weld County. Staff to the board provides technical support and guidance to programs under the Board's control and serves as a liaison for the County, local and state agencies and the general public with interests in community corrections. A percentage of State funds allocated to Weld County helps pay for this support and offsets costs to the county's General Fund. B. BOARD OBJECTIVE "Ensure public safety and promote community corrections services and programming in Weld County through collaboration between the State of Colorado, Weld County, the 19th Judicial District and the various programs under its scope of control." C. NOTEWORTHY BOARD ACTIVITIES AND ACHIEVEMENTS IN 2012 • 12 Full Board meetings conducted. • 52 Review Committee meetings conducted. • Adhered to all Victim and/or Offender Representation Notification procedures Staff reviews all offender referrals and works closely with the Department of Corrections and the Weld County District Attorney's Office to ensure victims of crimes are given every opportunity to give oral and/or written input to the Board in helping make informed decisions about the placement of offenders into local programs. Representatives of offenders (typically friends, families or defense counsel) are provided fair access and opportunity to give input. Not all community corrections boards give such access; the Board deems it important to allow for fair and balanced input into all offender -screening decisions. Sensitivity and respect is afforded to all who interact with the Board • Welcomed new appointments from the Weld County Sheriff's Office and the 19th JD Probation Department. • Made certain revisions and updates to its "Offender Review, Placement and General Administrative Policies and Procedures" manual. These procedures guide the Board, the Department of Corrections, Probation, the Court and contracted vendors when determining the acceptability of offenders into respective programs. • Continued to revise its Out of County Referral and Placement procedures, giving staff to the board limited delegated authority to make placement and funding decisions on cases that are not for local placement. 5 • Continued membership to the Colorado Association of Community Corrections Boards (CACCB). This professional association met three (3) times this past year: Denver, Montrose and Durango. Various Board members and staff attended these meetings. CACCB meetings give Board members and staff throughout the State the opportunity to discuss and exchange ideas to improve local decision -making. • 100% fiscal and master contract compliance with the Division of Criminal Justice, Office of Community Corrections. • Requested and secured additional Correctional Treatment Funds from the Division of Criminal Justice to increase access to treatment services (most notably at North Range Behavioral Health or Creative Counseling) for offenders at ICCS. Additional administrative funds were also granted which help support the day-to-day work of the Board and defray costs to Weld County Government. • Refined procedures in reporting the use of Correctional Treatment Funds to the Division of Criminal Justice. • Supported and helped ICCS apply for differential funding to treat parole sex offenders and dual -diagnosed offenders. The Division of Criminal Justice awarded Weld County additional beds and funds for these enhanced, specialized services. • The Board and staff tracked all referrals to community corrections made by the Court, Probation, DOC or Parole and ensured timely responses to all referring entities on decisions made by the Board. • Continued oversight measures at the Community Corrections Facility and upon ICCS. The Board and staff to the board works closely with ICCS personnel to ensure contract compliance, respond to questions and work to resolve complaints that may fall upon the program. Staff to the board conducts regular physical plant tours of the facility and works with ICCS and County Building and Grounds personnel to ensure a safe and sanitary living environment. • Full utilization of all Contract Funds. • Cost avoidance/savings to taxpayers in 2012 was approximately $3 million dollars. 1 D. ONGOING OBJECTIVES FOR 2013 (in no particular order) 1. Full utilization of contract funds; 2. Identify and track projected bed needs; 6 3. Target population needs; 4. Identify and carry out policy decisions needed to sustain community corrections services; 5. 100% compliance with Master Contract with the DCJ; update and process sub -contracts with local vendors, present to the Board of County Commissioners for their review and approval; 6. Continue to review and update "Offender Review, Placement and General Administrative Policies and Procedures;" 7. Continue membership to the Colorado Association of Community Corrections Boards (CACCB), attend meetings and participate in activities; 8. Identify and participate in ongoing training for the Board and staff to the board; 9. Continue to refine data collection methods; 10. Continue to monitor the creation and local implementation of statewide decision - making tools that will help guide violation response decisions based on individual offender risk and violation severity and appropriate levels of supervision; 11. Provide ongoing oversight of ICCS (with specific attention to): A. Rates of escape; B. Recidivism; C. DCJ Standards compliance; D. Staff retention and turnover; and B. Program and billing reporting. 12. Ensure that "the right offender is placed in the right bed, at the right time." E. INTENSIVE SUPERVISION PROGRAM AND PAROLE SERVICES I Weld County, through this Board, sub -contracts with BI Inc. and Rocky Mountain Offender Management Systems, LLC. to deliver local electronic and monitored sobriety services to felony offenders under the care of the Department of Corrections. Both agencies process monthly billings to staff to the board for review, approval and processing. Weld County retains 2% of these total funds (if fully expended) for this administrative support assistance. The number of ISP-I, ISP-P and Parole offenders under the community supervision of the Department of Corrections served by these two agencies in 2012: • BI Inc. = 792 (monitored sobriety services) • Rocky Mountain Offender Management Systems = 1,107 (electronic monitoring only) F. COMMUNITY CORRECTIONS OFFENDER TYPES & DATA (ICCS) The Board reviews and approves the placement of three (3) primary types of adult felony offenders at the community corrections facility: 1. Diversion --the status of an offender placed in a community corrections program from a District Court of the State of Colorado either as a condition of probation or as a direct sentence to community corrections. While in a community corrections program this offender remains under the jurisdiction of the sentencing District Court through the Probation Department of that jurisdiction. 2. Transition-- the status of a Department of Corrections inmate, including an Intensive Supervision Program (ISP) Inmate, in a community corrections facility who undertakes a transitional movement from a DOC prison facility to a local community corrections facility, prior to their release to the Intensive Supervision Program or Parole. While in a community corrections facility/program the "transition" offender remains under the jurisdiction of the DOC and must abide by the Code of Penal Discipline rules and regulations. 3. Parolee-- a person under commitment to the Department of Corrections who has been paroled by the Colorado State Parole Board for a period of supervision in the community until such time as that person's sentence discharges. 1. Offender Referrals By virtue of Board policy, ICCS is authorized to accept certain offenders for placement without further Board review. The Board directly approves all other cases (offenders). This is accomplished through the Board's weekly Review Committee. In some instances, offender referrals are reviewed at a Full Board meeting. Staff to the board reviews all offender referrals to ensure compliance with Board policy. 8 The Board and staff reviewed 1 431 offenders for placement consideration in 2012. • 12 Full Board meetings conducted. • 52 Offender Review/Screening Committees conducted. • Rejected by ICCS: • Accepted by ICCS: 626 (74.00%) 220 (26.00%) • Accepted by the Board: 412 (70.43%) • Rejected by the Board: 173 (29.57%) • Pending Cases: 55 (3.84%) (These cases were referred to the program but had pending matters in other jurisdictions) • Cases referred but sentenced prior to date of Board screening: 12 (0.84%) • Deferred: 0 (0%) • The Board also accepted 9 Intensive Supervision Program (ISP) offenders, and 4 were rejected (not included in above 1431 total).* *These are inmates serving a portion of their prison sentence in the community at an approved residence and therefore participating in a form of non-residential correctional supervision under the DOC. These offenders adhere to all DOC Code of Penal Discipline regulations. Comment: Staff to the board works closely with ICCS to reconcile all referral information. It should be noted that Weld County /19th Judicial District accepts referrals well over our funded bed allocation pursuant to authorization by the Division of Criminal Justice. This ensures full utilization of funds and further offsets costs locally. �i 9 2. Referrals Detail —January 1, 2012 through December 31, 2012 ICCS Accept ICCS Reject Committee Accept Committee Reject Board Accept Board Reject Deferred Mandatory '' Board Exclusion Case not reviewed Total by ` Month JAN 12 40 29 3 0 0 0 4 1 ' 89 FEB 16 52 30 10 3 0 0 0 1 112 MARCH 16 60 25 19 0 0 0 0 0 120 APRIL 15 52 29 13 0 0 0 4 1 ' 114 MAY 18 51 41 18 0 2 0 6 4 140 JUNE 26 61 37 8 0 0 0 10 0 ' 142 JULY 13 32 46 7 0 0 0 6 . 0 ' 104. AUG 14 35 31 27 0 0 0 14 2 123. SEPT 27 63 36 18 0 0 0 3 0 147 OCT 15 33 29 20 1 2 0 5 1 . 106 NOV 19 39 40 11 0 0 0 3 1 113 DEC 17 53 35 15 0 0 0 0 1 121 TOTAL 208 571 408 169 4 4 0 55- 12 1431 Percent 26.70% 73.30% 70.71% 29.29% 50.00% 50.00% 7� i Diversion Transition/ Primary Transition / Alternate Condition of Parole Out of County ISP Deferred COP/IRT Transition /IRT Case was not screened Mandatory Exclusion TOTAL 'Accept ,- ICCS 163 19 5 6 0 0 0 12 3 12 220 Reject -ICCS 60 154 330 23 0 0 0 4 0 55 626 Accept - RC 209 67 15 37 45 9 0 18 8 408 Reject - RC 48 45 26 1 39 4 0 0 6 169 Accept - Board 2 0 0 1 1 0 0 0 0 4 Reject - Board 1 0 2 0 1 0 0 0 0 4 1431 % Accept /ICCS 73.09% 10.98% 1.49% 20.69% 0 0 0.00% 75.00% 100.00% 100.00% 0.00% % Reject /ICCS 26.91% 89.02% 98.51% 79.31% 0 0 0.00% 25.00% 0.00% 0.00% 100.00% Accept - RC 81.32% 59.82% 36.59% 97.37% 53.57% 69.23% 0.00% 100.00% 57.14% 0.00% 0.00% Reject - RC 18.68% 40.18% 63.41% 2.63% 46.43% 30.77% 0.00% 0.00% 42.86% 0.000% 0.00% 1 , - L_-..; d 66.67% 0.00% 0.00% 100.00% 50.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Reject -Board 33.33% 0.00% 100.00% 0.00% 50.00% 0.00% 0.00%- 0.00% 0.00% 0.00% 0.00% 10 3. A Sample of Noteworthy Data: ICCS *This information reflects the number of offenders uniquely placed in the program, which can often be for multiple occasions for a single offender and (most) are for closed, terminated cases/placements. !CCS enters offender and program performance data to the State Community Corrections Information and Billing system (CCIB). Staff did its best to align data accordingly. RESIDENTIAL SUPERVISION ONLY Gender Age Male Female Grand Total Ethnicity 234 65 299 Caucasian African/American Hispanic Asian Native American 148 6 136 3 6_ Grand Total Legal Status 299 Condition of Probation 0 Direct Sentence 186 Transition 82 Parole 31 ISP 0 Grand Total 299 18-24 25-35 36-45 46+ Marital Status 18.39% 50.50% 21.07% 10.03% Single 148 Married/Common Law 78 Separated/Divorced/Widowed 73 Grand Total 299 Highest Grade at Entry 6 7 8 9 10 11 12 13 (GED) 14 (any college) 15 (college degree) Unknown 2 0 12 23 17 33 64 111 34 1 2 Grand Total 299 Highest Grade at Term Current Offense Felony Class 6 7 8 9 10 11 12 (HS) 13 (GED) 14 (Any college) 15 (College Degree) Unknown 1 2 1 3 9 4 18 5 12 6 34 Grand Total 63 123 Employment at Entry 35 1 2 Grand Total 299 Prior Adult Convictions 0 1 2 3 4 5 6 7 8 124 60 40 32 16 7 7 5 8 Grand Total 299 Employment at Entry (percentages) Full Time Part Time Unemployed Disability 12.71% 0.33% 84.95% 2.01% Grand Total 100% 2 38 100 87 72 299 Full Time Part Time Unemployed Disability 38 1 254 6 Grand Total Employment at Term 299 Full Time Part Time Unemployed Disability 176 13 104 6 Grand Total 299 Employment at Term (percentages) Full Time Part Time Unemployed Disability 58.86% 4.35% 34.78% 2.01% Grand Total 100% 12 NON-RESIDENTIAL SUPERVISION ONLY Gender Age Male Female 51 19 Grand Total Ethnicity 70 Caucasian African/American Hispanic Native American Asian/American 36 1 31 1 1 Grand Total 70 Highest Grade at Term 9 10 11 12 (HS) 13 (GED) 14 (Any College) 4 2 21 28 11 Grand Total Employment at Entry 70 Full Time Unemployed 69 1 Grand Total 70 Employment at Term Full Time Part Time Unemployed 67 1 2 Grand Total 70 18-24 25-35 36-45 46+ 7 30 20 13 Grand Total 70 Highest Grade at Entry 8 9 10 11 12 (HS) 13 (GED) 14 (Any college) 0 5 3 3 21 27 11 Grand Total 70 Current Felony Class .............. ...... .......... 2 3 4 5 6 0 12 25 21 12 Grand Total 70 Employment at Entry (percentages) Employed Unemployed 98.57% 1.43% Grand Total 100% Employment at Term (percentages) Full Time Part Time Unemployed 95.71% 1.43% 2.86% Grand Total 100% INTENSIVE RESIDENTIAL TREATMENT (IRT) PROGRAM ONLY Gender Current Offense Felony Class Male Female 60 0 Grand Total Ethnicity 60 Caucasian 31 African/American 1 Hispanic 27 Asian 1 Grand Total 273 Legal Status Condition of Probation 0 Direct Sentence 18 Transition 11 Parole 31 ISP 0 Grand Total 60 Highest Grade at Entry 6 7 8 9 10 11 12 13 (GED) 14 (any college) 15 (college degree) Unknown 1 0 3 4 2 9 11 18 10 2 0 Grand Total 60 2 3 4 5 6 0 9 25 15 11 Grand Total 60 Age 18-24 25-35 36-45 46+ (9) 15% (30) 30% (12) 12% (9) 15% Grand Total 100% 14 i 4. Offender Finances at ICCS: Gross Income = FICA Paid = $2,593,040 $87,232.85 (this is not listed in the State's CCIB data base; figure reflects ICCS's own calendar year tracking) Federal Taxes Paid = $165,185 State Taxes Paid = $62,560 Child Support Paid = $85,351 Restitution Paid = $156,815 Subsistence = $717,826 • Through subsistence payments by offenders to ICCS, through their contributions to their families, victims and through taxes, offenders "gave back" a substantial percentage of total costs associated to support their placement in community corrections. 5. Offenders Served at ICCS from January through December (average daily population — ADP — and as processed through the Board): Residential Diversion = 30,411 service days Residential Transition = 16,083 service days Residential Condition of Parole = 2916 service days Residential Supervision Total = 4,941 service days _ 365 = 135 Residential ADP Diversion Non —Residential = 15,857 service days _ 365 = 43 Non -Residential ADP Sub -total = 178 ADP at ICCS/Weld facility Diversion offenders placed in different counties but funded by the Board = 14 ADP Grand Total =192 ADP in Community Corrections 15 i 0 Note: Intensive Residential Treatment (IRT) program started in July 2011. For 2012: Diversion = 1,333 service days, 4 ADP Transition = 1,894 service days, 5 ADP Condition of Parole = 871 service days, 2 ADP Total Average Daily Population in IRT = 11 clients 6. Overall Supervision Terminations at ICCS: 369 (excludes IRT) Residential Transition = Residential Diversion = Residential Condition of Parole = Diversion Non Residential = Condition of Probation = 7. Overall Successful Completions at ICCS: 82 186 31 70 0 222 Transfer to ISP Sentence Non -Res Other or Parole Discharge Transfer Residential Transition = 51 2 N/A 9 Residential Diversion = N/A 20 55 28 Residential COP = 10 1 N/A 6 Diversion Non Residential = N/A 32 N/A 8 60.16 % Overall Successful Program Completion Rate "Other" may include Reconsideration by the Court to terminate, transfer or reduce the length of a sentence, transfer to IRT, natural death of an offender, or an administrative return of an inmate to the DOC for reasons other than for non-compliance. 16 8. Overall Unsuccessful Completions at ICCS: 147 a Residential Transition = Residential Diversion = Residential COP = Diversion Non Residential = Condition of Probation = Escape Return to Technical Residential Violations 5 N/A 15 19 N/A 64 4 N/A 10 0 0 25 5 N/A 0 39.84 % Overall Unsuccessful Program Completion Rate Technical Violations may include repeated infractions involving drug and alcohol consumption, out of location or new charges filed. G. SUMMARY OF ICCS/WELD PROGRAM ACTIVITIES FOR 2012 1. In July 2012, after being awarded two (2) beds through a competitive bid process, ICCS started the Parole Sex Offenders in Community Corrections (PSOCC) program. To date, ICCS has served twenty-two (22) PSCOCC clients (20 males and 2 females). Nine (9) successfully transferred to Parole while nine (9) were returned to the Parole Board for possible revocation due to violations incurred during their ICCS supervision. One (1) parolee absconded. ICCS is able to use these additional community corrections funds to enroll and begin to treat these parolees before transferring to regular Parole supervision. Several of these parolees are referred to ICCS simply for not having housing or positive social support in the area, but are still scheduled for release to Parole in Weld County. The partnership between the DOC and ICCS assists these parolees obtain stable housing, which then allows for quicker enrollment with a local Sex Offender Management Board approved treatment agency. 2. With this increase in offender population, ICCS increased its staffing to include one (1) additional case manager and a second supervisor. ICCS now employs eleven (11) case managers assigned to the following specialized programs: female specific, domestic violence, offense specific, IRT, and non-residential supervision. With the addition of a supervisor, each case manager is now able to deliver better individualized supervision to his or her assigned client(s) on a more regular basis. 3. ICCS was selected as a pilot site to develop and implement two new offender supervision tools; the B.SMART and the Progression Matrix. The Behavioral Shaping 17 Method and Reinforcement Tool, otherwise known as B.SMART, is an incentives and sanctioning tool (grid) designed specifically to assist community corrections programs respond to offender violations in a manner that is consistent with evidence -based principles. It also builds into case planning incentives for offenders to perform at their best. The tool should help increase program success rates, decrease technical violations and affect long-term pro social behaviors with medium to high -risk offenders at ICCS. Full B.SMART implementation is set for October 2013. The Community Corrections Progression Matrix is a tool designed to help residential case managers develop effective levels of supervision for clients in the program. The tool is designed to be consistent and transparent for the client and the supervising case manager, focus on the client's criminogenic needs and in reducing their risk, align lengths of stay of clients with their progress in completing objectives, and provide incentive for clients to progress through the program. It also adheres to the SMART principle (specific, measurable, action, realistic, and timely). Quality implementation of the Progression Matrix should (hopefully) improve ICCS's success rates and in their transfer of Diversion clients to Non Residential Supervision and Transition clients to ISP supervision. r J) 4. Community Educational Outreach (CEO) is a subcontracted vendor of ICCS that provides onsite education and technical assistance to clients at the facility. This past year they had five (5) active volunteers serving clients, logging 162 volunteer hours (an average of 32.5 hours each). They received 248 new students. Seventy-three (73) clients began GED classes, with 21 clients receiving their GED in 2012. Weld County Community Corrections Facility - 1101 H Street Greeley, CO 80631 18 APPENDIX 19 Weld County Community Corrections Board Offender Acceptance / Rejection Placement Criteria A. Referrals 1. Offenders must be referred by a Colorado Probation Department, a Colorado District Court, or the Colorado Department of Corrections. 2. The Board and/or the Program Director, or designee, of the community corrections program shall not consider a self -referral of an offender or referral by an offender's defense counsel. B. Review The following standards shall govern the decision to Accept, Reject, or refer to the Board the referral of an offender for placement in the community corrections facility or program in Weld County. 1. Mandatory Exclusion Offenders falling into the following categories shall not be considered for placement in the community corrections facility: a. Defendants charged with felony offense(s) who have not yet entered a plea or who have entered a not guilty plea and await other judicial proceedings (except if the defendant has agreed to terms of a deferred prosecution, judgment and conviction) or have not been convicted of a felony in the current offense(s) in a Colorado court. b. Offenders whose cases are being returned to the sentencing court on a 35b Motion for Reconsideration of Sentence, and in which the motion has not yet been filed with the Courts. Formal motions must be filed with the sentencing court before the Board may review an offender. c. Offenders who have not been referred by a sentencing court of the State of Colorado as either a direct sentence (Diversion) or as a Condition of Probation (including a 35b Motion for Reconsideration of Sentence), or the Colorado Department of Corrections as a Transition/ISP referral, or the Colorado Board of Parole as a Condition of Parole. d. Inmates or Parolees who do not meet statutory referral criteria for placement out of a DOC facility to a community corrections program. e. Diversion offenders who have pled guilty to a charge that requires an initial sentence to the DOC pursuant to CRS 18-1.3-406 (1) (a), (b). 20 f. Offenders who have an active parole hold. 7,1 g. Offenders convicted or adjudicated of two (2) or more separately brought and tried crimes prior to the referral crime for any of the Discretionary Exclusion crimes listed below within the past five (5) years from the time of the current referral, OR three (3) or more listed convictions or adjudications, separately brought and tried crimes for any of the Discretionary Exclusion crimes listed below, at any time prior to the referral crime. 2. Discretionary Exclusion Upon indication that the community corrections program will accept the offender, offenders who meet the following shall be referred to the Board's Review Committee for further placement approval into the facility: a. Offenders who have been convicted of a crime when any of the original charges alleged: 1) Murder, Manslaughter, Criminally Negligent Homicide, Vehicular Homicide or Child Abuse Resulting in Death; 2) Use or Possession and threatened use of a Deadly Weapon, whether real or simulated; 3) Any offense against an at risk adult or juvenile; 4) Serious Bodily Injury; 5) First or Second Degree Assault; 6) First or Second Degree Kidnapping, or Felony False Imprisonment; 7) Any Sexual Offense; 8) Aggravated Robbery; 9) First Degree Arson; 10) First Degree Burglary or Second Burglary of a Dwelling; 11) Selling of Drugs to persons under age 18; 12) Any Felony Escape; 13) Federal or out of state referrals; 14) Special notoriety or community resistance; 21 15) Any attempt, solicitation or conspiracy to commit any of the above -listed crimes; b. Any offender previously rejected by the Board or any offender Rejected After Acceptance by either the Board or the facility within the past three (3) years from the time of the current referral; c. Offenders deemed unemployable; d. Offenders who commit a new criminal offense during the disposition and/or process of a Direct Sentence (Diversion), Transition, ISP, Condition of Parole case referral and in which the new charge(s) have not been resolved by a plea; e. Offenders who do not originate from and/or are releasing to Weld County; or f. Offenders with active felony warrants outside of the territorial boundaries of Colorado or any U.S. Immigration and Custom Enforcement detainers. 3. Inclusions i ; All other offenders shall be considered for placement and may be accepted by the Program Director or designee of the community corrections facility/program without further Board review or approval. The Program Director, at his/her discretion, may refer to the Board any offender/case involving special or unusual circumstances. Examples of special circumstances may include but are not limited to an offender's physical, mental and family circumstances; outstanding achievements; or mitigating circumstances of the offense. C. Facility Placement Diversion, Transition or Condition of Parole Offenders accepted for placement and ordered by the Court or DOC to the community corrections program must successfully complete the residential component of their placement before transfer to any form of non-residential correctional supervision. D. Intensive Supervision Program (ISP) Placement Review Any offender having no more than 180 days remaining until their parole eligibility date and who is being considered for direct placement to Weld County from a DOC institution or from a community corrections facility outside of the territorial boundaries of Weld County, shall require review and approval by the Board before the offender's placement. E. Statement of Non -Discrimination The Weld County Community Corrections Board's "Offender Acceptance / Rejection Placement Criteria" for acceptance, rejection, or rejection after acceptance, of offenders specifically 22 prohibits discrimination because of the offenders race, creed, sex, sexual preference, or national origin. F. Weld County Placement Placement of offenders in the Weld County Community Corrections Facility will be given primary consideration when they originate from and/or are releasing to Weld County. G. Intensive Residential Treatment (IRT) and Parolee Sex Offender Placement The Program Director may only consider these offenders for placement in the program at the Weld County Community Corrections Facility, who (1) are eligible for normal community corrections placement pursuant to this criteria and (2) who originate from and/or are releasing to Weld County. KS 23 Hello