HomeMy WebLinkAbout20110898.tiff • •
Weld County Community Corrections Board
Annual Report
2010
1 86 1 - 20 1
WE ,L 'D COUNTY
Prepared by Sharon Behrens and Doug Erler
Weld County Justice Services Division
Oxsol-frui9/ 0 2011-0898
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INTRODUCTION
The Weld County Community Corrections Board hereby presents its 2010 Annual
Report to the Board of Commissioners of Weld County and other interested parties.
This report highlights the work of the Board in 2010 and of programs under its
oversight, most notably of sub-contracted vendor Intervention Community Corrections
Services (ICCS).
The Board is comprised of highly dedicated members and is administratively
supported by professional staff. We meet monthly as a Full Board to discuss
operational, funding and legislative matters and weekly on a rotating basis to review
and approve offenders into our various programs.
Construction of the new community corrections facility by Weld County and transfer
of residential services out of the jail in June brought much needed stability—we
appreciate Weld County's dedication in providing resources that helps protect our
citizens and opportunities to certain offenders so they may become self sufficient and
less burdensome on 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
TABLE OF CONTENTS
Introduction p. 1
Table of Contents p. 2
A. Summary pp. 3-4
B. Board Objective p. 4
C. Noteworthy Board Activities and Achievements pp. 4,5,6
D. Ongoing Aspirations for 2011 pp. 6,7
E. Intensive Supervision Program and Parole Services P. 7
F. Community Corrections Offender Placement Data pp. 7-15
1. Offender Referrals
2. Referrals Detail
3. Offender Placement Statistics
4. Offender Finances
5. Offenders Served
6. Overall Supervision Terminations
7. Overall Successful Completions
8. Overall Unsuccessful Completions
G. Summary of Offender Program Activities pp. 15,16
Appendix p. 17
Offender Acceptance / Rejection Placement Criteria pp. 18-21
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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 Commissioners
for Weld County.
Purpose
Community corrections boards are statutorily authorized to accept or reject the
placement of any offender into a community corrections program in their respective
jurisdictions (Section 17-27-103 (5), C.R.S.). The Weld County Community Corrections
Board, like others in the State, has its own operating procedures and rules, with some
variance in policies. A 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 Protect Public Safety and Allow Local Control."
Responsibilities
There are generally six (6) responsibilities authorized to the WCCCB 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.
Membership
There are currently nine (9) members of the WCCCB through appointment by the
Board of County Commissioners, its Bylaws and by law. Members serve at the pleasure
of the Weld County Commissioners, until resignation, or failure to comply with the
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 - Kevin Nelan (TREASURER)
• The Honorable Thomas Quammen
• Chief of Police S Town Administrator, Jim Burack (Town of Milliken)
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• Offender Supervision Bureau Chief - Rick Dill (Weld County Sheriff's Office)
• Citizen-At-Large - CJ Archibeque
• Citizen-At-Large - Ed Phillipsen
• Citizen-At-Large - Colleen Flack
Meetings
The Board meets 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 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, 1008 9`h Street, Greeley, CO 80631 or as
otherwise deemed necessary, to screen for the placement of adult offenders to the
local community corrections facility and/or programs provided by the Department of
Corrections.
Sub-Contracted Vendors
➢ Intervention Community Corrections Services (ICCS)
➢ BI, Inc.
➢ Rocky Mountain Offender Management Systems LLC, (RMOMS)
Staffing
Day to day administrative support is provided by the Weld County Justice Services
Division. The Division is lodged within the Weld County Department of Finance and
Administration. A percentage of State funds allocated to Weld County help offset
costs associated with Board functions.
B. BOARD OBJECTIVE
"Ensure public safety and promote community correctional 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 2010
• 12 Full Board meetings conducted.
• 52 Offender Review/Screening Committees conducted.
Citizen- At- Large, Colleen Flack, continues to serve on the highest number of
these committees and often fills in at the last minute. The Board and Staff to the
Board appreciate her ongoing dedication.
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• Adhere to Victim and/or Offender Representation Notification procedures
Staff reviews all offender referrals and works closely with the Department of
Corrections and Weld County District Attorney's Office to ensure victims of
crimes are afforded 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. Representative of offenders (typically friends, families or
counsel) are also given fair access and opportunity to give input.
"Sensitivity and respect is afforded to all who interact with the Board."
• Re-appointment of Citizen-At-Large member, Ed Phillipsen, to a 3-year term.
• Creation of new "Offender Review, Placement and General Administrative Policies
and Procedures" document.
These procedures guide the Board, the Department of Corrections, the Court and
our vendors when determining the acceptability of offenders into respective
programs.
• The WCCCB is a long-standing member of the Colorado Association of Community
Corrections Boards (CACCB). This professional association met four (4) times this past
year: in Denver, Rifle, Boulder and Colorado Springs. Staff to the Board attended all
meetings and Board Members Kevin Strobel, Michael Rourke, Colleen Flack and CJ
Archibeque each attended at least one (1) meeting. These meetings give Board
members and Staff (and those throughout the State) the opportunity to discuss and
exchange ideas to improve local decision making.
• 100% fiscal contract compliance with the Division of Criminal Justice, Office of
Community Corrections.
• Track all referrals to community corrections made by the Court, DOC or Parole
• Continued oversight measures to 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
my fall upon the program. Staff to the Board conducts monthly physical plant
tours of the facility and works with ICCS and County Building and Grounds
personnel to ensure a safe and sanitary living environment.
• Members Kevin Strobel, Colleen Flack, CJ Archibeque, Jim Burack and staff Sharon
Behrens attended an in-service presentation on educational and vocational assistance
offered to offenders at ICCS through their sub-contractor Community Educational
Outreach (CEO.) ICCS previously welcomed Commissioner William Garcia to a similar
presentation.
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• Approximate cost avoidance/savings to taxpayers was $2,901,983.
D. ONGOING ASPIRATIONS FOR 2011 (in no particular order)
1. Full utilization of contract funds;
2. Identify projected bed needs;
3. Target population needs;
4. Identify and carry out policy decisions needed to sustain community corrections
services;
The Board of County Commissioners and this Board supported ICCS's interest to
submit a proposal to the Division of Criminal Justice to create Intensive
Residential Treatment (IRT) programming at the Weld County Community
Corrections Facility---DCJ's decision is pending at the time of writing this report.
5. 100% compliance with Master Contract with DCJ; update and process sub-contracts
with ICCS, RMOMS and BI, Inc.;
6. Review "Offender Review, Placement and General Administrative Policies and
Procedures" and make revisions as necessary;
To help guide referring agencies and local programs, review Out of County
screening procedures and "Mandatory Exclusion" criteria.
7. Review Bylaws and consider expansion of Board composition;
8. Attend Colorado Association of Community Corrections Boards (CACCB) meetings and
participate in activities;
At least one (1) member attends a meeting each quarter.
9. Continue to consider ways to strengthen structured decision making processes—"why
we do, what we do and how we are to do it";
10.Identify ongoing training for Board Members and Staff to the Board;
11.Continue to refine data collection methods; and
12.Provide ongoing oversight of ICCS (with specific attention to)
A. Rate of escapes;
B. Recidivism;
C. DCJ Standards compliance;
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D. Staff retention and turnover; and
E. Program and billing reporting.
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E . INTENSIVE SUPERVISION PROGRAM AND PAROLE SERVICES
Weld County through the WCCCB 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 Justice Services of which Division personnel review, approves and
processes to the State on behalf of the Board and Weld County. Weld County retains 2% of
these total funds (if fully expended) for this administrative support assistance.
Offenders under the community supervision of the Department of Corrections and Parole
served by these two agencies in 2010:
BI Inc. = 1179
Rocky Mountain Offender Management Systems = 1766
Note-in late 2010, BI Inc. was sold to the Geo Group. As a national service provider, BI
monitors and tracks more than 60,000 offenders for about 900 federal, state and local
correctional agencies in all 50 states. At this point, it does not appear that any change to
current sub-contract provisions is needed .
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F. COMMUNITY CORRECTIONS OFFENDER PLACEMENT DATA -
• COMMUNITY CORRECTIONS
1101
The WCCCB reviews and approves the placement of three (3 ) types
of adult felony offenders into its various programs:
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 policy of the Weld County Community Corrections Board, ICCS is
authorized to accept certain offenders for placement without further Board review.
The Board must directly approve 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.
Justice Services reviews all offender referrals to ensure compliance with Board policy.
The Board and Justice Services reviewed 1145 offenders for placement consideration
in 2010.
• 12 Full Board meetings conducted.
• 52 Offender Review/Screening Committees conducted.
• Rejects by ICCS: 525 (46%)
• Accepts by ICCS: 243 (21%)
• Accepts by the Board: 251 (22%)
• Rejects by the Board: 100 (9%)
• Pending Cases: 13 (1%)
(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 (1%)
• Deferred: 1 (.001%)
• The Board also accepted 20 Intensive Supervision Program (ISP) offenders, and 6
were rejected (not included in above 1145 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:
ICCS and Staff to the Board successfully reconciled all referral information for 2010.
Weld County /19th Judicial District accept referrals well over our funded bed
allocation pursuant to authorization by the Division of Criminal Justice.
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2 . Referrals—Detail—January 1 through December 31 , 2010
Mandatory Case was Total
ICCS ICCS Committee Committee Board Board Board not by the
accept reject accept reject i accept reject Deferred Exclusion reviewed Month
JAN 12 42 16 4 2 0 0 0 0 76
FEB 17 34 15 2 1 1 0 0 1 71
MARCH 14 41 8 7 1 1 0 0 3 75
APRIL 33 52 22 7 5 2 0 1 1 123
MAY 29 71 16 10 1 1 0 0 1 129
JUNE 24 34 23 5 0 5 1 0 0 92
JULY 16 60 15 7 1 2 0 0 1 102
AUG 14 40 26 7 0 1 0 1 0 89
SEPT 20 35 26 10 3 0 0 5 1 100
OCT 23 35 19 8 2 0 0 1 0 88
NOV 17 34 22 8 2 0 0 3 3 89
DEC 24 47 21 12 4 0 0 2 1 111
TOTAL 243 525 229 87 22 13 1 13 12 1145
Percent 31 .64% 68.36% 72.47% 27. 53% 62.86% 37. 14% 7. 14%
Case was Mandatory
Condition Out of not Board
Diversion Transition of Parole County ISP Deferred reviewed Exclusion TOTALS
Accept 319 123 10 22 20 1 495
Sentenced
prior to
RC
meeting 12 12
Reject 168 429 9 13 6 625
Mandatory
Board
Exclusion 13 13
% Accept 65. 50% 22.28% 52.63% 62.86% 76.92% 100.00% 1145
% Reject 34. 50% 77.72% 47. 37% 37. 14% 23.08% 0.00%
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3. Offender Placement Statistics while at ICCS:
(The Division of Criminal Justice assisted in compiling this information. It reflects the
number of offenders uniquely placed in the program, which can often be for multiple
occasions for a single offender).
RESIDENTIAL SUPERVISION
GENDER Legal Status
Diversion Transition Total
Gender Male Count 117 90 207
%within Gender 56.5% 43.5% 100.0%
%within Legal Status 78.0% 79.6% 78.7%
% of Total 44.5% 34.2% 78.7%
Female Count 33 23 56
%within Gender 58.9% 41.1% 100.0%
%within Legal Status 22.0% 20.4% 21.3%
% of Total 12.5% 8.7% 21.3%
Total Count 150 113 263
%within Gender 57.0% 43.0% 100.0%
%within Legal Status 100.0% 100.0% 100.0%
% of Total 57.0% 43.0% 100.0%
EMPLOYMENT AT ENTRY Legal Status
Diversion Transition Total
Employment Full Time Count 46 11 57
At Entry %within Employment At Entry 80.7% 19.3% 100.0%
%within Legal Status 30.7% 9.7% 21.7%
% of Total 17.5% 4.2% 21.7%
Part Time Count 3 0 3
% within Employment At Entry 100.0% 0.0% 100.0%
% within Legal Status 2.0% 0.0% 1.1%
% of Total 1.1% 0.0% 1.1%
Unemployed Count 101 101 202
% within Employment At Entry 50.0% 50.0% 100.0%
% within Legal Status 67.3% 89.4% 76.8%
% of Total 38.4% 38.4% 76.8%
Unemployable Count 0 1 1
due to % within Employment At Entry 0.0% 100.0% 100.0%
disability
% within Legal Status 0.0% 0.9% 0.4%
% of Total 0.0% 0.4% 0.4%
Total Count 150 113 263
% within Employment At Entry 57.0% 43.0% 100.0%
% within Legal Status 100.0% 100.0% 100.0%
% of Total 57.0% 43.0% 100.0%
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EMPLOYMENT AT TERMINATION Legal Status
Diversion Transition Total_
Employment Full Time Count 93 62 155
At % within Employment At 60.0% 40.0% 100.0%
Termination Termination
% within Legal Status 62.0% 54.9% 58.9%
% of Total 35.4% 23.6% 58.9%
Part Time Count 13 8 21
% within Employment At 61.9% 38.1% 100.0%
Termination
% within Legal Status 8.7% 7.1% 8.0%
% of Total 4.9% 3.0% 8.0%
Unemployed Count 44 42 86
% within Employment At 51.2% 48.8% 100.0%
Termination
% within Legal Status 29.3% 37.2% 32.7%
% of Total 16.7% 16.0% 32.7%
Unemployable Count 0 1 1
due to % within Employment At 0.0% 100.0% 100.0%
disability Termination
% within Legal Status 0.0% 0.9% 0.4%
% of Total 0.0% 0.4% 0.4%
Total Count 150 113 263
%within Employment At 57.0% 43.0% 100.0%
Termination
%within Legal Status 100.0% 100.0% 100.0%
% of Total 57.0% 43.0% 100.0%
AGE RANGE Legal Status
Diversion Transition Total
Age Range 18-20 Count 12 1 13
% within Age Range 92.3% 7.7% 100.0%
% within Legal Status 8.0% 0.9% 4.9%
% of Total 4.6% 0.4% 4.9%
21-25 Count 32 23 55
% within Age Range 58.2% 41.8% 100.0%
% within Legal Status 21.3% 20.4% 20.9%
% of Total 12.2% 8.7% 20.9%
26-30 Count 37 23 60
% within Age Range 61.7% 38.3% 100.0%
% within Legal Status 24.7% 20.4% 22.8%
% of Total 14.1% 8.7% 22.8%
31-35 Count 25 29 54
% within Age Range 46.3% 53.7% 100.0%
% within Legal Status 16.7% 25.7% 20.5%
% of Total 9.5% 11.0% 20.5%
36-40 Count 17 18 35
% within Age Range 48.6% 51.4% 100.0%
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% within Legal Status 11.3% 15.9% 13.3%
% of Total 6.5% 6.8% 13.3%
41+ Count 27 19 46
%within Age Range 58.7% 41.3% 100.0%
%within Legal Status 18.0% 16.8% 17.5%
% of Total 10.3% 7.2% 17.5%
Total Count 150 113 263
%within Age Range 57.0% 43.0% 100.0%
% within Legal Status 100.0% 100.0% 100.0%
% of Total 57.0% 43.0% 100.0%
ETHNICITY Legal Status
Diversion Transition Total
Ethnicity Caucasian Count 68 58 126
% within Ethnicity 54.0% 46.0% 100.0%
% within Legal Status 45.3% 51.3% 47.9%
% of Total 25.9% 22.1% 47.9%
African Count 4 1 5
American % within Ethnicity 80.0% 20.0% 100.0%
% within Legal Status 2.7% 0.9% 1.9%
% of Total 1.5% 0.4% 1.9%
Hispanic Count 75 53 128
% within Ethnicity 58.6% 41.4% 100.0%
% within Legal Status 50.0% 46.9% 48.7%
% of Total 28.5% 20.2% 48.7%
Native Count 2 1 3
American
/Alaskan Native % within Ethnicity 66.7% 33.3% 100.0%
% within Legal Status 1.3% 0.9% 1.1%
% of Total 0.8% 0.4% 1.1%
Other Count 1 0 1
/Unknown %within Ethnicity 100.0% 0.0% 100.0%
%within Legal Status 0.7% 0.0% 0.4%
% of Total 0.4% 0.0% 0.4%
Total Count 150 113 263
%within Ethnicity 57.0% 43.0% 100.0%
%within Legal Status 100.0% 100.0% 100.0%
% of Total 57.0% 43.0% 100.0%
NON-RESIDENTIAL SUPERVISION
Gender
Frequency Percent
Male 46 82.1
Female 10 17.9
Total 56 100.0
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Ethnicity
Frequency Percent
Caucasian 23 41.1
African American 1 1.8
Hispanic 31 55.4
Other/Unknown 1 1.8
Total 56 100.0
Employment At Entry
Frequency Percent
Full Time 53 94.6
Unemployed 1 1.8
Unemployable Due to 2 3.6
Disability
Total 56 100.0
Employment At Termination
Frequency Percent
Full Time 47 83.9
Part Time 1 1.8
Unemployed 6 10.7
Unemployable Due to 2 3.6
Disability
Total 56 100.0
Age Range
Frequency Percent
21-25 10 17.9
26-30 16 28.6
31-35 12 21.4
36-40 5 8.9
41+ 13 23.2
Total 56 100.0
4. Offender Finances at ICCS:
Gross Income = $2,934,811.36
FICA Paid = $160,410.28
Federal Taxes Paid = $137,507.35
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State Taxes Paid = $67,379.03
Child Support Paid = $109,981.32
Restitution Paid = $180,599.59
Subsistence and Fees = $447,390.66
• 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 WCCCB):
Residential Diversion = 28,857 service days
Residential Transition = 22,352 service days
Residential Condition of Parole = 355 service days
Residential Supervision Total = 51,582 service days = 365 = 141 Residential ADP
Diversion Non-Residential = 15,421 service days = 365 = 42 Non-Residential ADP
Sub-total = 183 ADP at ICCS/Weld facility
Diversion offenders placed in different counties but funded by the WCCCB = 5 ADP
Grand Total = 188 ADP in Community Corrections
6. Overall Supervision Terminations at ICCS: 313
Residential Transition = 108
Residential Diversion = 145
Residential Condition of Parole = 4
Diversion Non Residential = 55
Condition of Probation = 1
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7. Overall Successful Completions at ICCS: 168
Transfer to ISP Sentence Non-Res Other
or Parole Discharge Transfer
Residential Transition = 64 3 N/A 3
Residential Diversion = N/A 14 51 5
Residential COP = 2 0 N/A 1
Diversion Non Residential = N/A 19 N/A 6
53.5 % Overall Successful Program Completion Rate
"Other" may include Reconsideration by the Court to terminate, transfer or
reduce the length of a sentence, natural death of an offender, or an
administrative return of an inmate to DOC for reasons other than for non-
compliance.
8. Overall Unsuccessful Completions at ICCS: 145
Escape Return to Technical
Residential Violations
Residential Transition = 6 N/A 32
Residential Diversion = 9 N/A 66
Residential COP = 0 N/A 1
Diversion Non Residential = 1 26 3
Condition of Probation = 0 N/A 1
46.5 % 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 OFFENDER PROGRAM ACTIVITIES
ICCS offenders participate in a myriad of treatment services and programming.
1. 214 offenders attended general in-house and/or outside of the facility drug and
alcohol treatment services (including specialized classes which may include DUI
Education and Therapy, Methamphetamine Specific, Marijuana Specific, Relapse
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Prevention, a combination class that addresses Relapse Prevention and Anger
Management, STIRRT, and dual-diagnosis for substance abuse and mental health
services).
• 4 offenders participated in STIRRT (Short Term Intensive Residential
Remediation Treatment). This 14-day program is operated at one of four
Colorado locations. The program requires participating offenders to
complete 112 therapeutic hours and 8-9 months of ongoing aftercare
treatment once returned to ICCS. STIRRT gives offenders motivational
force to prepare and heighten their readiness for necessary treatment and
as a means to avoid incarceration.
2. 5 offenders completed Intensive Residential Treatment (IRT) programming at
certified facilities in Colorado as a pre-condition of their placement at ICCS.
3. Some offenders participate in Cognitive Behavioral Treatment (including Anger
Management, Domestic Violence, Seeking Safety classes, Strategies for Self
Improvement and Change classes, and Men's/ Women's Skills Building classes).
Offense Specific Treatment may include Sex Offender groups for education and
therapy.
4. Mental Health Services (including community-based referrals to group and
individual sessions).
5. A new in-house "Incident Report" class was developed to assist non-compliant
offenders "get back on track." 69 offenders participated in this group in 2010.
6. 51 offenders attended and participated in the Strengthening Latino Families
Group—through partnership with CARE INC., of Weld County. This in-house group
teaches offenders effective communication techniques with their children, how to
recover or hold a positive position of leadership in the home, how to discipline a
child appropriately, being respectful in the family, and how to speak with their
children about difficult subjects like sexuality.
7. In House (on-site) GED classes.
• 248 offenders attended GED classes, as offered by ICCS through their sub-
contractor Community Educational Outreach (CEO) Services. 15 offenders
earned their GED in 2010. CEO has formed a working relationship with
AIMS Community College to enhance on-site instruction. The number of
offenders attending GED classes tripled in 2010!
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APPENDIX
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 with active felony warrants or U.S. Immigration and Custom
Enforcement detainers.
d. 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.
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e. Inmates or Parolees who do not meet statutory referral criteria for
placement out of a DOC facility to a community corrections program.
f. 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).
g. Offenders who have an active parole hold.
h. Offenders convicted of two (2) or more crimes, separately brought and
tried, involving any of the Discretionary Exclusions listed below within
the past five (5) years from the time of the current referral, OR three
(3) or more listed convictions, separately brought and tried, at any time.
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
involved a factual basis that alleged:
1) Murder, Manslaughter, Criminally Negligent Homicide, Vehicular
Homicide or Child Abuse Resulting in Death;
2) Use or Possession 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 Escape;
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13) Federal or out of state referrals; and
14) Special notoriety or community resistance.
b. Any offender previously rejected by the Board or any offender Rejected After
Acceptance by either the Board or the facility within the past (3) three 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.
3. Inclusions
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 prohibits discrimination because of the offenders race, creed,
sex, sexual preference, or national origin.
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F. Weld County Residents
Offenders who are Weld County residents will be given special consideration and
attention over offenders from other jurisdictions.
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