Loading...
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 -AD 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 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 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) 3 • 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. 4 • 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. 5 • 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; 6 D. Staff retention and turnover; and E. Program and billing reporting. i 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 . °Ala - , � 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. 8 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% 9 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% 10 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% 11 % 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 12 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 13 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 14 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 15 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! 16 _ .cam. s!,n - • ■ ■ "......_ .. _. __.._ . 1 V te ° ° ' 0 1 Nil r r fir` ' " ..) ' • _aril Siva I i 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. 18 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; 19 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. 20 F. Weld County Residents Offenders who are Weld County residents will be given special consideration and attention over offenders from other jurisdictions. 21 Hello