HomeMy WebLinkAbout20101898.tiff RESOLUTION
RE: APPROVE OFFENDER REVIEW, PLACEMENT, AND GENERAL ADMINISTRATIVE
POLICIES AND PROCEDURES FOR WELD COUNTY COMMUNITY CORRECTIONS
BOARD AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been
presented with the Offender Review, Placement, and General Administrative Policies and
Procedures for the Weld County Community Corrections Board, and
WHEREAS, after review, the Board deems it advisable to approve said Offender Review,
Placement, and General Administrative Policies and Procedures, a copy of which is attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Offender Review, Placement, and General Administrative Policies and
Procedures for the Weld County Community Corrections Board be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Offender Review, Placement, and General Administrative Policies and Procedures.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY OLORADO
ATTEST: ita
V ~ ougl adem cher, Chair
Weld County Clerk to t `r 0 IV� ii EXCUSED
Barbara Kirkmeyer, Pro-Tem
BY- r
Deputy Cler o the Boa�►�
Sean P. Co
APP D ORM: )��
William F. Garcia
o
County Attorney
1
David E. Long �/
Date of signature: 6C)7,49,2(70o
on3. L oun 60.5) CC' 55, C , 2010-1898
S-lo 5S- 31 -10 JS0001
WELD COUNTY
COMMUNITY CORRECTIONS BOARD
a'Askri
vinC.
COLORADO
OFFENDER REVIEW, PLACEMENT & GENERAL ADMINISTRATIVE
POLICIES AND PROCEDURES
2010-1898
TABLE of CONTENTS
A. Establishment and Functions p. 1
B. Principals pp. 1-3
C. Authority for the Review/Screening of Offender Placements
in a Community Corrections Facility/Program p. 3
D. Full WCCCB p. 3
E. Review Committee pp. 3-4
F. Definitions pp. 4-8
G. Offender Review and Placement Process pp. 8-21
1. Diversion p. 8
2. Condition of Probation p. 8
3. Transition and/or Condition of Parole p. 8
4. ISP Inmate p. 8
5. Probation or DOC entities initiating a referral p. 9
6. Weekly Review Committee p. 9
7. Review Committee Quorum pp. 9-10
8. Conduct of Review Committee Meetings p. 10
9. Guidelines for the Review of Proposed Offender
Placements p. 11
10. Review Committee Voting pp. 11-12
11. Offender Placement Review by Full Board p. 12
12. Criteria Requiring Full WCCCB Review pp. 12-13
13. Open Meeting Rules, Victim/Offender Input, Rights and
Representation to WCCCB pp. 13-18
Submission of Written Statements pp. 13-14
Oral Comment pp. 14-15
Rights Afforded to Victims pp. 15-16
Victim Rights Amendment (VRA) criminal acts pp. 16-17
Ensuring the Rights of Crime Victims pp. 17-18
14. Rejection After Acceptance p. 18
15. Allowable Exceptions for Review by the WCCCB p. 19
16. Executive Session pp. 19-20
H. Conclusion pp. 20-21
WELD COUNTY COMMUNITY CORRECTIONS BOARD OFFENDER
ACCEPTANCE/REJECTION PLACEMENT CRITERIA
A. Referrals p. 22
B. Review pp. 22-27
1. Mandatory Exclusion p. 22
2. Discretionary Exclusion pp. 23-24
3. Inclusions p. 24
C. Facility Placement p. 24
D. Intensive Supervision Program (ISP) Placement Review p. 25
E. Statement of Non-Discrimination p. 25
F. Weld County Residents p. 25
Attachment A (Executive Session form) pp. 26-27
Approval / Signatures p• 28
Purpose
These Offender Review, Placement & General Administrative Policies and Procedures as
well as Offender Acceptance/Rejection Placement Criteria are herein adopted and
issued on behalf of and in consultation with the Board of Commissioners of Weld
County, the Weld County Community Corrections Board and through its designee the
Director of the Weld County Justice Services Division. These procedures and criteria are
hereby intended to help guide decision making, standardize and enhance the day-to-
day activities of Weld County Government, the Weld County Community Corrections
Board and applicable officials toward the safe and efficient delivery of community
corrections services for Weld County and the 19th Judicial District.
A. ESTABLISHMENT AND FUNCTION(S):
These policies and procedures are pursuant to Title 17, Article 27 of the Colorado
Revised Statutes. The Weld County Community Corrections Board ("WCCCB" or
"Board"), through enabling authority specifically granted in C.R.S. §17-27-103, as
amended, shall advise the Board of Commissioners of Weld County, et. al., on the
following, without limitation:
• Which offenders may be safely placed in Weld County;
• Who may operate a community corrections facility or program in Weld County;
• Under what conditions an offender may participate in a selected community
corrections facility or program(s); and
• The standards by which the selected local provider(s) can operate a community
corrections facility and/or program.
The Board's primary function(s) include establishing criteria, policies, and procedures
for placement of adult offenders to residential and/or non-residential community
correctional programs within Weld County (19th Judicial District) and/or in other
jurisdictions in which Weld County Government resources may be used to fund offender
community corrections placements. The Board shall also serve as a functional board for
matters relating to Weld County's participation in the Colorado community corrections
program. Lastly, the WCCCB shall seek ways to collaboratively identify needs,
recommend goals and objectives, resource utilization and implement initiatives or
programs to enhance the overall provision and efficiency of community correctional
and/or criminal justice systems and processes for Weld County.
B. PRINCIPALS:
1. Board of County Commissioners, Weld County
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The Board of Commissioners of Weld County is the governing body for the
County of Weld, State of Colorado.
2. Weld County Community Corrections Board ("WCCCB")
Established by resolution(s) of the Board of County Commissioners of Weld
County for the delivery of community correctional services, the Weld County
Community Corrections Board ("WCCCB") is the decision-making body with
responsibility to, at a minimum, determine creation or operation of community
corrections facilities/programs and acceptability of applicable offender
placements into community corrections facilities and programs of Weld County.
2 a.) Weld County Community Corrections Board ("Review Committee")
The policies and procedures of the WCCCB articulating the review and placement
of offenders into Weld County Community Corrections programs shall be, in most
instances, implemented by the Weld County Community Corrections Review
Committee ("Review Committee.") The Review Committee shall act as a Sub-
Committee to the WCCCB comprising of its existing members, by reviewing
selected offender referrals proposed from Probation and the DOC, for community
placement in Weld County and/or for funding and placement by Weld County
Government in other Colorado counties.
3. Weld County Justice Services Division ("Justice Services")
The Weld County Justice Services Division ("Justice Services") is the unit of
county government responsible for administering and carrying out the directions
and decisions of the WCCCB for the review, approval, placement and ongoing
supervision of offenders into the Weld County Community Corrections facility
and/or program(s).
4. 19th Judicial District Probation Department ("Probation")
The 19th Judicial Probation Department ("Probation") is the entity responsible for
the statutory supervision of and repository of case(s) information for all proposed
offender (Diversion) placements from Colorado District Courts into the Weld
County Community Corrections facilities and/or program(s).
5. Colorado Department of Corrections ("DOC")
The Colorado Department of Corrections ("DOC") is the entity responsible for the
statutory supervision of offenders, repository and in some instances the
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dissemination, of case(s) information on all proposed offender (Transition, ISP or
Parolee) placements from the DOC facilities into the Weld County Community
Corrections facility and/or program(s).
6. The Weld County Community Corrections Program Service Provider ("Service
Provider")
The Weld County Community Corrections Service Provider ("Service Provider") is
comprised of the community corrections program that has petitioned and has
been approved by the WCCCB to provide community corrections services to
offenders approved for placement in Weld County.
C. AUTHORITY FOR THE REVIEW/SCREENING OF OFFENDER
PLACEMENTS IN A COMMUNITY CORRECTIONS FACILITY/PROGRAM:
As permitted by C.R.S.§17-27-101 and 18-1.3-301, Articles 27 and 27.5 of Title
17,--any offender being considered by the Court, the Colorado Department of
Corrections, or the Colorado Board of Parole for placement in community
corrections residential facilities or non-residential programs within the territorial
jurisdiction of the WCCCB, or in other jurisdictions in which Weld County
Government resources may be used to fund offender community corrections
placements, shall be reviewed by the WCCCB or its Review Committee in
accordance with these procedures and requirements. Once reviewed and
approved by the Review Committee or WCCCB, the placement of the offender
may occur.
D. FULL WCCCB:
The WCCCB shall be comprised of nine (9) members as appointed by the Board
of Commissioners of Weld County and as set forth by the WCCCB Bylaws. If not
otherwise specified, the provisions of Roberts Rules of Order, as Amended will be
observed in all WCCCB meetings.
The WCCCB shall meet at noon on the 4th Tuesday of every month at a location
designated by the Board to conduct business, as enumerated in these Policies
and Procedures.
E. REVIEW COMMITTEE:
The Review Committee shall be comprised of current members in good standing
of the WCCCB. All cases that fall into the Discretionary Category of the "Offender
Acceptance/Rejection Placement Criteria," as referred to the program by the
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Court, Probation or DOC, and not otherwise rejected by the program, shall
require review by the Review Committee before placement of any offender into
the program.
F. DEFINITIONS:
The terms set forth below shall have the meanings as stated:
1. Bylaws: Rules adopted for the regulation of the Community Corrections Board
that may be promulgated from time to time by the members of the Board, and
utilized for the determination of quorums to conduct business, and to administer
procedural matters and related activities. All Bylaws are subject to the approval
of the Board of County Commissioners of Weld County and shall be consistent
with Colorado Law, Charters, Ordinances, and/or Regulations of Weld County
Government.
2. Case: Typically an action or cause of law; often synonymous with the terms
"client," or"offender."
3. Chair or Chairperson: A member of the Weld County Community Corrections
Board selected to act in that capacity by the other members of the Board and to
preside and lead Board meetings and/or other activities related to Board
functions.
4. Client: A person under the care and supervision of a community corrections
program and who receives services of that program.
5. Code of Penal Discipline (COPD): A body of rules and regulations governing
the behavior of inmates sentenced to the Department of Corrections. The COPD
has authority over Transition and Intensive Supervision Program (ISP) Inmate
offender populations in community corrections programs, but not of Parolees.
6. Colorado Department of Corrections (DOC): The governmental agency
with statutory responsibility for Transition and ISP Inmate populations within
local community corrections programs.
7. Colorado Division of Criminal Justice (DO): A division of the Colorado
Department of Public Safety that serves as a central administrative entity to
improve public safety, in providing a myriad of research and evaluation services,
as well as oversight of various forms of community based correctional
programming. The Office of Community Corrections, within DO, provides
legislative, policy formation, fiscal duties and programmatic monitoring functions
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with contracted public and private community correctional agencies and local
community corrections boards.
8. Colorado Open Meetings Law: Requires that when a governing body like the
Weld County Community Corrections Board, meets and in which proposed
policies, positions, resolutions, rules, regulations or formal actions occur, these
proceedings must be open to the public. The Board may set reasonable
guidelines for public comment and/or interaction with the Board.
9. Community Corrections Program or Programs: Consistent with definitions
set out in CRS §17-27-102 (3), as amended, are those local community
corrections programs and operations carried on by employees of either Weld
County, or by independent sub-contractors of the Board of Commissioners of
Weld County and under the direction and coordination of the Weld County
Community Corrections Board and Weld County Community Corrections
Department.
10. Court: The branch of government responsible for the resolution of disputes
arising under the laws of Colorado; District Courts typically deal with criminal
matters related to placing offenders into community corrections.
11. Designee: A person(s) authorized by the Colorado Judicial Branch, Colorado
Department of Corrections, State of Colorado and/or Weld County Government
to provide liaison and other communication with the Board as set out in these
"Offender Placement, Review & General Administrative Policies and Procedures."
The Program Director of a community corrections program may also identify a
designee for the screening of offender placements into the facility.
12. Director: The Director of the Weld County Justice Services Division or of any
sub-contracted community corrections program under the direction and
coordination of the Board of Commissioners of Weld County, Weld County
Community Corrections Board or Weld County Justice Services Division.
13. 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.
14. Executive Session: A process to conduct confidential business by a governing
body in a civil and organized way. The Weld County Community Corrections
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Board must adhere to certain rules and regulations before entering into an
Executive Session of its membership.
15. Facility: A publically or privately owned facility, whether providing Residential
or Non-Residential levels of correctional services to offenders processed by the
criminal justice system.
16. ISP Inmate: A DOC inmate serving a portion of his or her prison sentence in
the community at an approved residence and therefore participating in a form of
non-residential community corrections supervision under the DOC. These
inmates adhere to all DOC Code of Penal Discipline regulations.
17. Motion: An application to the Court requesting action in favor of a defendant,
client or offender. As related to community corrections, Rule 35b motions and
motions pursuant to §18-1.3-301(1) (h), C.R.S., are often filed with the Court
that seek a reduction and/or change the type of sentence of a defendant, client
or offender for completion of certain programs. Motions are automatically filed
on behalf of inmates who complete the DOC's Regimented Inmate Training
Program ("Boot Camp.")
18. Nineteenth (19th) Judicial District Probation Department: The referring
agency with statutory responsibility for Diversion Offenders sentenced by a local
District Court to a community corrections facility or program.
19. Non-Residential Supervision or Services: A portion of a community
corrections direct sentence in which a diversion offender is supervised by a
community corrections program. The offender must follow the rules and
regulations of the program, maintain employment, but are allowed to reside at
their own residence. This portion of the sentence usually occurs after a period of
residential supervision placement.
20. Offender: As defined in CRS §17-27-102 (6), as amended, means any person
lawfully seeking or obtaining placement in a community correctional facility or
program, pursuant to the discretion and authority of Weld County, the 19'
Judicial District, Weld County Community Corrections Board, or the DOC.
21. Parolee: A person under commitment to the DOC who has been paroled by the
Colorado State Parole Board for a period of supervision in the community until
such time of that person's sentence discharge.
22. Parole Officer or Liaison: A person(s) assigned by the DOC to supervise an
offender who has been paroled to a community by the Parole Board and/or
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assigned to a publically or privately owned community correctional facility or
program that cares for and supervises Transition and Condition of Parole
offenders from the DOC.
23. Per Diem ("per day"): A set amount of funds set by the Legislature that are
managed/distributed by the Colorado Division of Criminal Justice to local
governments for the daily delivery of residential and non-residential community
correctional services; local governments often sub-contract and "pass-thru" a
certain percentage of these per diem funds to selected public or private vendors.
24. Plea or Plea Bargain or Agreement: A defendant's answer to charges
against him or her; a negotiation by defense counsel of the accused and
prosecution to dispose fairly of a case without trial.
25. Pre-Sentence Investigation Report (PSI or PSIR): Information gathered
by the Probation Department to assist Judicial Officers in making sentencing
decisions of defendants. The PSI is a critical document when screening for the
placement of persons to community correctional programs.
26. Probation Liaison: A person(s) who has been designated by a district's Chief
Probation Officer and assigned to a publically or privately owned community
correctional facility or program that cares for and supervises Diversion (Direct
Sentence) offenders sentenced by the District Court.
27. Residential Supervision or Service: A portion of a community corrections
sentence that requires an offender to reside within a facility while receiving close
staff supervision. Approval for temporary leave from the facility for offenders
may be approved for work, educational or other rehabilitative purposes.
28. Review or Screening Committee: A sub-committee appointed by the Weld
County Community Corrections Board to review and screen specific Diversion,
Transition, Condition of Parole, or ISP cases for acceptance into a community
corrections facility or program.
29. Subsistence or Fees: A fixed sum of money charged to clients, offenders
under the residential or non-residential supervision and care of a community
corrections facility or program.
30. Transition: The status of a DOC inmate, including an ISP Inmate, in a
community corrections facility who undertakes a transitional movement from a
DOC prison to a local community corrections facility, prior to their release to a
the Intensive Supervised Program or Parole. While in a community corrections
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facility/program the "transition" offender remains under the jurisdiction of the
DOC and must abide by Code of Penal Discipline rules and regulations.
31. Victim Rights Amendment (VRA): Pursuant to §24-4.1-301 et seq., C.R.S.,
the process and procedures established to ensure that victims of select crimes
are afforded specific rights in criminal proceedings. The Weld County
Community Corrections Board must adhere to procedures that allow victims
under the VRA access to certain information and/or the opportunity to provide
oral and/or written comment on decisions made by the Board.
32. Weld County Community Corrections Board or WCCCB: A body
established by the Board of Commissioners of Weld County under the authority
granted by CRS §17-27-103 et. seq., as amended. The Board is charged with
approving and contracting with public or private entities for the delivery of
community correctional services/programs, the acceptance or rejection of
offenders referred to such programs and in providing general oversight to the
provision of these services.
G. OFFENDER REVIEW AND PLACEMENT PROCESS:
1. Information regarding Diversion offenders shall be made available by the 19th
Judicial Probation Department directly to the community corrections program by
no later than Friday of the week before a scheduled Review Committee meeting.
Once received and reviewed by the program, the Director or his or her designee
shall inform the Court, applicable judicial officers and the Justice Services
Division of its willingness to accept the referred offender, or contingent upon
further review by the WCCCB, or reject the offender for placement.
2. Persons referred for placement as a Condition of Probation and not a direct
sentence must meet all "Offender Acceptance/Rejection Placement Criteria."
3. Transition and/or Condition of Parole offenders referred by the Colorado DOC to
the community corrections program shall be initiated by the DOC. Information on
proposed Transition or Condition of Parole offenders will be initially transmitted
by DOC to the program who, in turn, and if not otherwise accepted by the
program, shall forward the offender information to Justice Services staff for
screening by the Review Committee.
4. ISP Inmate offenders shall be referred by DOC personnel directly to Justice
Services staff.
5. Probation or DOC initiating a referral will make every effort to provide the
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community corrections program(s), Justice Services, and the Review Committee
with the following information for the offender review and placement process.
Information about the offender should include:
✓ A Pre-Sentence Investigation ("PSI") report from Probation;
✓ Complaint describing reasons for a revocation from Probation (if applicable);
✓ Criminal history;
✓ Social and personal history;
✓ Diagnostic summary (DOC);
✓ Admission data summary (DOC);
✓ Community Release Form (DOC);
✓ Description of current offense(s);
✓ Institutional conduct summary (DOC or local jail);
✓ Offender Needs Summary (educational, social, health, etc.);
✓ Referral agency's evaluation and recommendation;
✓ Any other relevant documents supporting an offender's suitability for
community placement; and
✓ Victim Impact and/or public comment statements available.
6. Weekly Review Committee
Unless otherwise determined, the Review Committee shall meet each Wednesday
at noon, at a location designated by the WCCCB, to review proposed offender
placements. By no later than noon on the Monday (preferably Friday) before a
scheduled Review Committee meeting, the community corrections program(s)
and DOC shall forward (electronically or paper formats) offender referral
information to Justice Services staff for inclusion on the Review Committee
meeting agenda. Justice Services is responsible to deliver and/or otherwise
transmit offender referral information ("packets') to Review Committee
members, as well as establish, manage and distribute Review Committee
attendance schedules.
7. Review Committee Quorum
The Review Committees shall consist of three (3) WCCCB members. If only two
(2) members are present, and there is no unanimity, Justice Services shall
contact another WCCCB Member for review of the case(s) and vote. If none are
available, the case(s) shall be referred to the next scheduled Review Committee
or Full WCCCB, whichever occurs first. If unable to personally appear for a
Review Committee, a Committee member may call in or send via e-mail, their
vote to Justice Services staff by no later than 10:30 AM on the day of the Review
Committee meeting.
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8. Conduct of Review Committee Meetings
a. Meetings shall be chaired by a member of Justice Services staff. When not
otherwise specified, the provisions of Roberts Rules of Order, as Amended
shall be utilized.
b. A representative from the applicable community corrections program/entity
will orally present summary information on each proposed offender
placement. The representative(s) shall be prepared to answer Review
Committee members' questions about an offender's criminal history, personal
background, and/or the current offense(s). In the absence of the program
representative, Justice Services may present the case for review.
c. If applicable, Justice Services staff may read and/or present any additional
written correspondence provided by the offender, the offender's family,
friends, etc. Any Defense Counsel representing the offender or from the
Prosecution, are allowed to personally appear before the Review Committee
and provide information as requested by Committee members and/or to
assist the Committee in determining the offender's ability to be safely
supervised in a community corrections program; not to retry the case.
Attorneys must first contact Justice Services staff before attending a Review
Committee meeting. Please see Section 13 of these policies and procedures
for further explanation of the rights of a victim to and/or representatives of
the offender to attend and present information at a Review Committee
meeting.
d. After each presentation, the Review Committee will discuss and verbally
express their vote on the acceptability of the proposed offender's community
placement to Justice Services staff. The result of the Review Committee vote
will be documented by Justice Services staff and shall be reported to at s the
next full WCCCB meeting.
e. At the conclusion of the Review Committee meeting, Justice Services staff will
provide notification, in writing, to the Court, applicable judicial/DOC officials
and the program of the Review Committee's decision on Diversion cases.
Formal notification on proposed Transition, Parole or ISP Inmate
referrals/placements shall be executed by the designated Community Liaison
with the Colorado DOC, or by Justice Services to the DOC (via "C-Wise").
9. Guidelines for the Review of Proposed Offender Placements
The consideration of the Review Committee and/or Full WCCCB regarding
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offender placement in Weld County Community Corrections facilities or programs
should include, but is not limited to, the following factors in the decision-making
process:
✓ Mental health issues;
✓ Suicide risk or potential;
✓ History of escape attempts;
✓ Prior unsuccessful community supervision placement(s);
✓ History of violent behavior;
✓ Previous management problems in correctional facilities;
✓ Likelihood of continued criminal behavior;
✓ Criminal history;
✓ Serious health care problems;
✓ Ties (or the lack thereof) to Weld County;
✓ Employability;
✓ Mitigation or extenuating circumstances related to the current offense;
and/or
✓ Prior institutional or community supervision (positive or negative)
adjustment, completion of treatment, educational, vocational programs.
10. Review Committee Voting
a. A simple majority (51%) vote to accept or reject an offender's community
placement will constitute acceptance or rejection by the Review Committee
and should be interpreted as formal WCCCB acceptance or rejection unless
reversed by the Full WCCCB.
b. Any attending Review Committee member, at the time of the Review
Committee meeting, may request that referral and review of a Diversion,
Transition, Parole offender who falls into the Inclusion and/or Discretionary
case categories, or an ISP offender referral, be forwarded for review by the
entire WCCCB at its next Full WCCCB meeting. The presiding Review
Committee members must vote by simple majority to allow deferral of the
offender/case to the Full WCCCB.
Mandatory Exclusion category cases shall not be reviewed for placement
consideration by the Program, Justice Services staff, Review Committee or
the Full WCCCB.
c. A case(s) requested and approved for further review by a Review Committee
member to the Full WCCCB shall be identified as a "Disputed Case."
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11. Offender Placement Review by Full WCCCB
a. At regularly scheduled meetings of the WCCCB, a record of all Review
Committee decisions will be submitted by Justice Services staff for review.
b. Any cases requiring Full WCCCB review shall be presented in written form by
the program(s) in which the case has been initially accepted by the program,
or Justice Services staff if the program has not initially accepted the case, to
include information about the offender previously furnished by
Probation, the DOC, the program or Justice Services staff. The program or
Justice Services staff will orally present case information to the WCCCB and
be able to answer questions about an offender's criminal history, personal
background, and/or the current offense(s).
c. A simple majority vote of the WCCCB is required to accept or reject these
offenders/placements. A tie vote shall constitute acceptance of the offender
for placement. Formal notification of the WCCCB's decision on these cases will
be communicated to the referring agent by either the program or Justice
Services, as previously enumerated in these policies and procedures.
d. The WCCCB shall designate a WCCCB Board member(s) and/or Justice
Services to compile and report to the Full WCCCB offender placement,
progress and/or termination information from the program(s), as needed.
12. Criteria Requiring Full WCCCB Review
The following cases require review and approval by the WCCCB before final
decision of acceptance or rejection of an offender to the community corrections
program:
a. Any Diversion offender requesting funding and placement in another
jurisdiction's community corrections program subject to being accepted by
that jurisdiction's Community Corrections Board. If approved by the WCCCB,
Justice Services staff will inform the proposed out of county jurisdiction of the
WCCCB's decision and furnish information concerning the offender. Funding
by the WCCCB shall be contingent upon availability of funds and acceptance
by the out of county jurisdiction. Justice Services staff shall communicate, in
writing, to the Court, judicial officers and the program, the decision of the out
of county jurisdiction's acceptance or rejection of the referred Diversion
offender. If deemed necessary and/or for workload purposes, the WCCCB
may delegate this review function to its Review Committee.
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b. Offender cases which have been "disputed" by the Review Committee.
c. Any referral involving public notoriety and/or extensive publicity, as
determined by the program and/or Review Committee member.
d. Unless deemed a "disputed case" pursuant to Section 10 above, all decisions
of a Review Committee shall be considered final, and are not subject to
review by the Full WCCCB.
13. Open Meeting Rules, Victim/Offender Input, Rights & Representation to WCCCB
The WCCCB and its Review Committee meetings are Open Meetings under
Colorado Law. Notice that a WCCCB meeting is scheduled will be communicated
by Justice Services to the Clerk of the Board for Weld County Board of
Commissioners; agendas of Full WCCCB meetings shall be conspicuously posted
at an approved location(s) of Weld County. Unless otherwise noted all WCCCB
meetings shall utilize the provisions of Roberts Ru/es of Order, as Amended.
Submission of Written Statements:
a. Pursuant to Colorado's Victim Rights Act--VRA (see relevant statutory excerpt
below), victims of VRA crimes have the right to submit a written Victim
Impact Statement to the WCCCB when the WCCCB is considering an
offender's potential placement. Victim Impact Statements shall be tendered to
Justice Services staff by no later than the Friday before a Full WCCCB
meeting. Letters must be submitted to Justice Services staff by no later than
noon on the Monday of the week in which the Wednesday Review Committee
is scheduled to occur. Distribution of written correspondence received by
Justice Services shall be distributed to WCCCB members prior to reviewing
the offender for placement.
b. Members of the public, the victim, friends or family members of the victim,
the offender, friends or family members of the offender, representatives of
the victim or offender, are permitted to submit a written letter to the WCCCB
for consideration prior to the Full WCCCB meeting or the Review Committee
meeting. Said written correspondence shall be submitted to Justice Services
staff by no later than the Friday before the Full WCCCB meeting. Letters must
be submitted to Justice Services staff by no later than noon on the Monday of
the week in which the Wednesday Review Committee is scheduled to occur.
A copy of all written correspondence received by Justice Services staff will be
distributed to WCCCB members prior to reviewing the offender for placement.
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Oral Comment:
Pursuant to Colorado's Open Meetings laws, the WCCCB shall allow the public, the
offender, the victim(s), the victim's or offender's family, friends, other
representatives, or attorneys (defense or prosecution) to attend and offer
comment with its approval and within reasonable parameters set by the WCCCB.
Victims of VRA crimes have the right to attend community corrections board
meetings. Whether a victim of a VRA crime may make an oral Victim Impact
Statement is at the discretion of the WCCCB. If permitted to provide a formal oral
statement, the individual addressing the WCCCB, including victims of VRA crimes,
shall adhere to applicable procedures set forth in the sections below.
a. The Chairperson, or WCCCB member(s) at a Review Committee, may invite
anyone in attendance to speak if any WCCCB member has a question or
requests information. In addition, a victim of a VRA crime may be allowed to
make an oral Victim Impact Statement at the discretion of the WCCCB. Other
individuals may be allowed to make statements at the discretion of the
WCCCB.
b. The public, a victim of a VRA crime, an offender's or victim's family, friends,
other representatives of the victim or the offender, or an attorney(s) (defense
or prosecution) who are present may only address the WCCCB upon the
express instruction of the Chairperson or his/her designee at Full WCCCB
meetings. At Review Committee meetings, Justice Services staff shall serve in
this capacity.
c. The following are the parameters that will be adhered to when an individual
has been allowed by the WCCCB to respond to a question or a request for
information from the WCCCB:
1. The individual responding to the request for information or the question
from the WCCCB shall limit the response to the question or request for
information posed.
2. Any WCCCB member may intervene and stop the individual from
continuing his or her response to the WCCCB if such response exceeds the
scope of the question asked or the information requested.
3. Individuals responding to WCCCB questions or requests for information
will be advised by the Chairperson or designee that the guilt or innocence
of the offender is not a topic to be addressed at the WCCCB meeting and
that any WCCCB member may interrupt the individual speaking if his or
14
her comments extend beyond the scope of the question or request for
information.
d. The following are the parameters to be adhered to when a victim of a VRA
crime or other individual has been authorized by the WCCCB to make an oral
statement:
1. The authorized speaker may be allowed up to five (5) minutes for their
oral statement. The Chairperson, or the WCCCB member designated to
serve as the Acting Chairperson, may set time limits if it appears that
more than one person will be addressing the WCCCB to advocate a
particular position. The time allotted by the Chairperson to present verbal
statements shall be of equal duration for the victim and for the offender.
2. Verbal comments made to the WCCCB by attorneys and/or the public
concerning potential placement of an offender shall focus on community
safety, whether the community corrections program can reasonably
supervise the offender, and whether the offender would benefit from
rehabilitative programs offered by the community corrections program.
The WCCCB meeting is not a forum to retry the criminal case. The WCCCB
may request information about the nature of an offender's case to include,
but not limited to, the nature and the scope of the plea agreement, as
well as any aggravating or mitigating circumstances of the offender that
may affect the ability to supervise safely the offender in a community
placement.
3. The WCCCB will not accept oral or written public comment related to, or
make decisions regarding, the offender's guilt or innocence of the criminal
charges filed or pending against the offender.
e. Rights Afforded to Victims:
Colorado Revised Statute §24-4.1-302.5, in part states:
(1) In order to preserve and protect a victim's rights to justice and due process,
each victim of a crime shall have the following rights:
. . . 0.3) The right to be notified of a referral of an offender to community
corrections;
(j.5)(I) The right to provide a written victim impact statement, an oral victim
impact statement, or both, that will be included with any referral made by the
15
department of corrections or a district court to place an offender in a community
corrections facility or program.
(II) For purposes of this paragraph (j.5), the community corrections board
considering the referral shall have discretion to determine whether a victim may
provide a separate oral statement to the board and to place reasonable
parameters on the provision of an oral statement by the victim. If a community
corrections board denies the offender's referral to community corrections, the
victim's right under this subparagraph (II) to provide an oral statement at the
discretion of the board shall not take effect.
C.R.S. 24-4.1-302(5) "Victim" means any natural person against whom any crime
has been perpetrated or attempted, unless the person is accountable for the
crime or a crime arising from the same conduct, criminal episode, or plan as
crime is defined under the laws of this state or of the United States, or, if such
person is deceased or incapacitated, the person's spouse, parent, child, sibling,
grandparent, significant other, or other lawful representative. For purposes of
notification..., any person under the age of eighteen years is considered
incapacitated, unless that person is legally emancipated. It is the intent of the
general assembly that this definition of the term "victim" shall ,not be applied
to any other provision of the laws of the state of Colorado that refer to the term
"victim."
f. Victim Rights Amendment (VRA) criminal acts:
✓ Murder;
✓ Manslaughter;
✓ Criminally Negligent Homicide and Vehicular Homicide;
✓ Assault;
✓ Menacing;
✓ Kidnapping;
✓ Sexual Assault;
✓ Robbery;
✓ Aggravated Robbery;
✓ Incest and Aggravated Incest;
✓ Child Abuse;
✓ Sexual Exploitation of Children;
✓ Crimes Against At Risk Adults and At Risk Juveniles;
✓ Crimes designated by the District Attorney, Law Enforcement, or
found on the record by the court to be an act of Domestic Violence:
✓ Stalking;
✓ A Bias-Motivated Crime as defined in C.R.S. 18-9-121;
16
✓ Careless Driving Resulting in Death;
✓ Failure To Stop At An Accident Involving Death;
✓ Retaliation of a Victim or Witness;
✓ Intimidation of a Victim or Witness and Aggravated Intimidation
of a Victim or Witness Tampering with a Victim or Witness;
✓ Indecent Exposure;
✓ Violation of a Criminal Protection Order issued against a person
charged with Sexual Assault;
✓ Any Criminal Attempt, Conspiracy, Criminal Solicitation, or
Accessory involving any of the crimes listed above.
g. The WCCCB shall make every effort to preserve the rights of victims.
h. The Probation Department, District Attorney's Office or DOC is statutorily
responsible to inform the WCCCB and/or Justice Services staff when/if a victim
has specifically requested to provide separate written and/or oral statements to
the WCCCB regarding the possible placement of an offender in Weld County. At
that time only, Justice Services on behalf of the WCCCB, may initiate contact
with a victim(s). Contact shall be in the form of a letter addressed to the listed
victim(s) informing the victim(s) of the methods available to address the WCCCB,
and the date, time and location of the WCCCB meeting.
i. If a victim(s) chooses to attend a WCCCB meeting, they shall adhere to all
provisions set forth above in Sections a — d.
j. If a victim believes that his or her rights pursuant to the VRA have not been
complied with, the victim is encouraged to seek relief with the WCCCB (with
assistance of Justice Services staff, if necessary.) Contact may be done verbally
and/or in writing. At a suitable time, the WCCCB shall formally address the
victim's concerns. Decisions of the WCCCB shall be communicated verbally to a
victim, if the victim is present, and the victim shall also be provided with a
written decision from the WCCCB. The victim is also encouraged to contact the
Colorado Department of Public Safety, Victim Rights Act Specialist, and
assistance will be provided to the victim, upon request by the victim, by Justice
Services staff as to how to contact the Colorado Department of Public Safety.
k. Ensuring the Rights of Crime Victims:
All WCCCB members have a responsibility to ensure that victims of VRA crimes
are afforded their rights pursuant to the following provision of the VRA:
1. C.R.S. §24-4.1-303(1) Law enforcement agencies, prosecutorial agencies,
17
judicial agencies, and correctional agencies shall assure that victims of crimes
are afforded the rights described in section 24-4.1-302.5.
2. Consistent with the VRA and with the WCCCB's commitment to making every
effort to preserve the statutory and constitutional rights of crime victims, the
Chairperson and any WCCCB member has a responsibility to ensure that
victims of crime are treated with fairness, respect and dignity. C.R.S. §24-4.1-
302.5(1) (a). As a result, the Chairperson and/or a WCCCB member shall
intervene in the event that an individual speaking to or submitting a written
statement to the WCCCB violates a policy of the WCCCB, such as speaking as
to matters beyond the scope of the WCCCB's authorization.
3. In addition, when considering whether to allow an offender, his family or a
representative to make a statement in support of the offenders request for
consideration for placement into the community corrections program, the
WCCCB shall ensure fairness of process for the victim(s) of a VRA crime by
allowing such victim, or a representative designated by the victim, an equal
opportunity to provide a verbal statement to the WCCCB. A victim, or a
representative designated by the victim, who is authorized by the WCCCB to
speak shall not be compelled to make a statement. This provision shall not
apply to situations when the offender's attorney addresses the WCCCB, and
in such instance, the District Attorney's Office shall be provided with an equal
opportunity to address the WCCCB after legal counsel for the offender has
addressed the WCCCB.
4. WCCCB members will respond appropriately to concerns from a victim who
would like to attend a WCCCB meeting but is reluctant to do so due to fear
of the offender. If possible, the WCCCB shall make accommodations, such as
seating the victim away from the offender and allowing the victim to leave
the meeting before the offender leaves.
14. Rejection After Acceptance
The WCCCB reserves the right to Reject After Acceptance, any offender placed
into Weld County Community Corrections programs. If an offender escapes from
the community corrections program, such action shall constitute a waiver of the
offender's right to notice of the community corrections program Administrative
Review Process.
15. Allowable Exceptions for Review by the WCCCB
a. The WCCCB may make exception to these policies and procedures for cause
18
through a formal act of the WCCCB as follows:
1. Continued funding by the WCCCB of offenders originally referred and
accepted for placement by the WCCCB and the 19th Judicial District Court
to community corrections programs in jurisdictions other than Weld
County, but in the State of Colorado; and
2. Any Transition offender moving from a residential placement to ISP-
Inmate/Parole status unless review is requested by the residential facility
Program Director or the DOC, prior to movement of the offender. Any
request for review shall be in writing by the Program Director and include
the reason(s) additional screening is requested for that specific offender.
16. Executive Session
a. The Full WCCCB may call and conduct an Executive Session during any Full
WCCCB meeting.
b. The WCCCB shall comply with applicable requirements of the Colorado Open
Meetings Law, C.R.S. §24-6-401 through 24-6-402, in the calling and conduct
of an Executive Session.
c. Upon majority vote that the WCCCB should convene an Executive Session,
the Chair shall verbally state for the record that the meeting shall go into an
Executive Session.
d. In as much detail as possible without compromising the purpose for which
the Executive Session was authorized, the Chair shall describe the matter to
be discussed. Justice Services staff shall complete the "Public Minutes of
Executive Session of the WCCCB" form, (Attachment B) citing the item(s) for
discussion in an Executive Session. These may include but are not limited to:
✓ Applications for executive positions of persons who are not finalists;
✓ Criminal justice records: various records relating to criminal matters and
juvenile records;
✓ Disability related information: licenses or other information indicating that
a person is disabled;
✓ Letters of reference;
✓ Library and museum contributions: by private parties if restrictions are
placed on them by the contributor;
✓ Library records: disclosing the identity of a library user;
✓ Medical, psychological and scholastic achievement data:
19
✓ Personnel files: except employment and severance agreements, which are
public;
✓ Public Facilities Users: addresses/phone numbers/personal financial
information of past or present users of public facilities/utilities/recreational
facilities unless requested by law enforcement;
✓ Sexual harassment information: complaints and investigations;
✓ Trade secrets: privileged information, and confidential commercial,
financial, geological, or geophysical data or social security number;
✓ Confidential matters: matters required to be kept confidential by federal or
state law or rules and regulations, C.R.S. §24-6-402(4) (c). The specific
citation to the statute or rule that is the basis for such confidentiality is
✓ Executive session minutes: meeting to adopt last session's minutes;
✓ Negotiations: determining positions and strategy relative to negotiations
or directing negotiators;
✓ Personnel matters: if specific to individual employees, unless the person
who is the subject of the meeting has requested an open meeting. An
Executive session is not allowed for discussion of general personnel
policies, or discussion concerning any member of the WCCCB , or any
elected official or appointment of an elected official;
✓ Property: purchase, acquisition, sale, lease or transfer; real or personal;
✓ Security arrangements or investigations;
✓ Students: discussion of individuals where disclosure adversely affects
them; and/or
✓ Other: Statutory citation:
e. To ensure compliance with Colorado Law and if needed, consultation with the
Weld County Attorney and/or otherwise designated legal counsel may be
needed prior to an Executive Session or be delayed as agreed upon by the
Full WCCCB and County Attorney.
H. CONCLUSION:
a. The WCCCB shall promulgate, modify or revise as necessary these "Offender
Review, Placement & General Administrative Policies and
Procedures." All promulgations, modifications and/or revisions shall be
consistent with its Bylaws, Colorado State Law, rules and regulations of the
listed Principals, Charters and Regulations of Weld County.
b. The WCCCB and each individual member, are immune from any civil liability
for the performance of its duties as a WCCCB member or by as an individual
member, if acting in good faith within the scope of the WCCCB's respective
20
capacity, makes a reasonable effort to obtain the facts of the matter as to
actions taken, and acts in a reasonable belief that actions taken by the Full
WCCCB or individually, was warranted by sufficient facts.
21
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 Weld County Community Corrections Board ("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
22
Colorado Department of Corrections as a Transition/ISP referral, or the
Colorado Board of Parole as a Condition of Parole.
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 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) has not been
resolved by a plea.
i. 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:
✓ Murder, Manslaughter, Criminally Negligent Homicide, Vehicular
Homicide or Child Abuse Resulting in Death;
I Use or possession of a Deadly Weapon, whether real or simulated;
✓ Any offense against an at risk adult or juvenile;
✓ Serious Bodily Injury;
✓ First or Second Degree Assault;
✓ First or Second Degree Kidnapping, or Felony False Imprisonment;
23
✓ Any Sexual Offense;
✓ Aggravated Robbery;
I First Degree Arson;
✓ First Degree Burglary or Second Degree Burglary of a Dwelling;
I Selling of Drugs to persons under age 18;
✓ Any Escape;
✓ Federal or out of state referrals; and
✓ 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 Program
Director/Administrator within the past (3) three years from the time of the
current referral.
c. Offenders deemed unemployable.
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. All decisions to
accept or reject of an offender by the Program Director or designee of the
community corrections facility or program shall be communicated to Justice
Services staff. The Program Director, at his or 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.
24
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 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.
F. Weld County Residents
Offenders who are Weld County residents will be given special consideration and
attention over offenders from other jurisdictions.
25
(ATTACHMENT A)
PUBLIC MINUTES OF EXECUTIVE SESSION OF
WELD COUNTY COMMUNITY CORRECTIONS BOARD
[This form shall be completed and included in the written public minutes
when the meeting goes into Executive Session for an item(s) discussed that
is not"attorney — client privilege." The information on this form MUST BE
READ AND ELECTRONICALLY RECORDED as part of the Executive Session.]
• At this public meeting held on , an Executive Session was called
by a majority vote of the Weld County Community Corrections Board.
• The matter that was discussed in Executive Session, in as much detail as possible
without compromising the purpose for which the Executive Session was authorized,
was:
• The Colorado statutory citation(s) that allow(s) an Executive Session for this purpose
was the following:
o Confidential documents: Consideration of documents that are protected from
disclosure by the mandatory nondisclosure provisions of the Open Records Act. 24-6-
402(4) (c). The specific type of document is indicated below: [Documents that are not
public because they are "work product" or come within the "deliberative process"
privilege alone cannot form the basis of an Executive Session, and another provision
must be specified]:
o Applications for executive positions of persons who are not finalists (24-72-204(3) (a)
(XI)).
o Criminal justice records: Various records are excluded from disclosure. See 24-72-
301, et seq. relating to criminal matters and juvenile records.
o Disabled: Licenses or other information indicating that a person is disabled (24-72-
204(3) (a) (XII)).
o Letters of reference: (24-72-204(3) (a) (III)).
o Library and museum contributions by private parties if restrictions are placed on
them by the contributor (24-72-204(3) (a) (V)).
o Library records disclosing the identity of a library user (24-72-204(3) (a) (VII)).
o Medical, psychological and scholastic achievement data (24-72-204(3) (a) (I)).
o Personnel files, except employment and severance agreements, which are public (24-
72-204(3) (a) (II)).
26
u Public Facilities Users: Addresses/phone numbers/personal financial information of
past or present users of public facilities/utilities/recreational facilities unless requested
by law enforcement (24-72-204(3) (a) (IX)).
❑ Sexual harassment complaints and investigations (24-72-204(3) (a) (X)).
u Trade secrets, privileged information, and confidential commercial, financial,
geological, or geophysical data or social security number (24-72-204(3) (a) (IV)).
u Confidential matters: Matters required to be kept confidential by federal or state law
or rules and regulations. 24-6-402(4) (c). The specific citation to the statute or rule
that is the basis for such confidentiality is
u Executive Session minutes: Meeting to adopt any former session's minutes. 24-6-
402(4).
u Negotiations: determining positions and strategy relative to negotiations or directing
negotiators. 24-6-402(4) (e).
u Personnel matters, if specific to individual employees, unless the person who is the
subject of the meeting has requested an open meeting. Executive Session is not
allowed for discussion of general personnel policies, or discussion concerning any
member of the board, or any elected official or appointment of an elected official. 24-6-
402(4) (f).
❑ Property: Purchase, acquisition, sale, lease or transfer; real or personal. 24-6-402(4)
(a).
u Security arrangements or investigations: 24-6-402(4) (d).
❑ Students: discussion of individuals where disclosure adversely affects them. 24-6-
402(4) (h).
u Other: Statutory citation:
27
Prepared:
By: _- July 26, 2010
DoUguErler,VDirector Date
Weld County Justice Services Division
APPROVED:
Weld County Community Corrections Board:
By: ,,/ ., - July 26, 2010
Kevin Strobel, Chair Date
CLERK OF THE BOARD BOARD OF COUNTY
Bruce T. Barker ti ' � f � COMMISSIONERS OF
Alt,
c WELD COUNTY, COLORADO
By: %� '' ! ��� '`�A�R�j ' . Z7 By: as
Deputy r to the B i' IN ouglas ademacher, Chair
AUG 18 2010
28
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