HomeMy WebLinkAbout20091507.tiffRESOLUTION
RE: APPROVE FORMATION OF THE WELD COUNTY JUSTICE SERVICES DIVISION
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 has the authority, pursuant to
Section 17-27-104(1), C.R.S., to establish community corrections programs to serve the needs
of offenders in Weld County who are assigned to such programs by the Department of
Corrections, placed in such programs by the State Board of Parole, or sentenced to such
programs by the Court, and
WHEREAS, the Board also has the authority, pursuant to Section 16-4-105(3)(b),
C.R.S., to establish a pretrial services program which may be utilized by the District Court in
Weld County, and
WHEREAS, both a community corrections program and a pretrial services program are
currently established and operating in Weld County, and
WHEREAS, the Board believes it prudent to create a "Weld County Justice Services
Division" within the Department of Finance, Central Purchasing and Personnel, to administer the
community corrections and pretrial services programs in Weld County, and that Doug Erler be
appointed as the Director of such Division.
NOW THEREFORE BE IT RESOLVED by the Board that the pretrial services and
community corrections programs be, and hereby are, consolidated for administration into one
Division to be named the "Weld County Justice Services Division" within the Department of
Finance, Central Purchasing and Personnel. Said Division shall facilitate the transfer of
oversight responsibilities for pretrial services from the Weld County Sheriff's Office to the
Division, effective January 1, 2010.
BE IT FURTHER RESOLVED by the Board that Doug Erler be, and hereby is, appointed
as Director of the Weld County Justice Services Division.
2009-1507
JS0002
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RE: APPROVE FORMATION OF THE WELD COUNTY JUSTICE SERVICES DIVISION
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Boa
BY:
AP
County Attorney
Date of signature
Com
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OARD OF COUNTY COMMISSIONERS
LD CNrth', COLORADO
iam F - ' Chair
Dougl=s Rademac er, Pro-Tem
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2009-1507
JS0002
§ 17-27-103. Community corrections boards--establishment--duties
(1) A community corrections board may be established by resolution or ordinance of a
governing body, or a combination of governing bodies. Any community corrections board
which is established may be advisory to the governing body or bodies which created such
board or it may be functionally independent from the governing body or bodies. Pursuant
to subsection (8) of this section, the governing body or bodies may delegate to the
community corrections board the authority which such governing body or bodies have to
approve or disapprove the establishment and operation of community corrections
programs within the jurisdiction of such governing body or bodies. In addition, the
governing body or bodies may delegate such other powers which the governing body or
bodies possess to the community corrections board to accomplish the purposes of this
article.
(2) A community corrections board shall have the authority to enter into contracts with
the state of Colorado, receive grants from governmental and private sources, and receive
court -authorized expense reimbursement related to community corrections programs. A
community corrections board may designate a community corrections program or
programs within the jurisdiction of such board to contract with the state of Colorado to
provide services and supervision for offenders.
(3) A community corrections board may establish programs to be operated by a unit or
units of local government, or an agency of state government, to accomplish the purposes
of this article, or such board may contract with other units of local government, other
community corrections boards, any agency of state government, or any community
corrections program to provide supervision of and services for offenders.
(4) A community corrections board may establish and enforce standards for the operation
of any community corrections program located within the physical boundaries of the
jurisdiction of the governing body or bodies which created such board. The standards
established by a community corrections board may exceed, but shall not conflict with,
standards established for community corrections programs by the division of criminal
justice of the department of public safety pursuant to section 17-27-108. The community
corrections board shall, in coordination with state and local agencies, monitor community
corrections programs within the jurisdiction of such board and oversee compliance with
state and local standards. The community corrections board's oversight of the community
corrections programs within the board's jurisdiction shall include the following:
(a) Making an assessment of the number of offenders who have escaped from custody as
such term is described in section 17-27-106, which assessment shall be based on the
reports prepared by the administrators of community corrections programs in accordance
with section 17-27-104(11);
(b) Determining compliance by community corrections programs with the
recommendations made in audit reports prepared by the division of criminal justice in
accordance with section 17-27-108.
(5) A community corrections board has the authority to accept or reject any offender
referred for placement in a community corrections program under the jurisdiction of such
board. The community corrections board shall provide, in writing, acceptance criteria and
screening procedures to each referring agency.
(6) A community corrections board may establish conditions or guidelines for the conduct
of offenders placed in any community corrections program operated within the physical
boundaries of the jurisdiction of the governing body or bodies which created such board.
2009-1507
Written copies of such conditions or guidelines shall be made available to offenders
placed in community corrections programs under the jurisdiction of the community
corrections board.
(7) A community corrections board has the authority to reject after acceptance the
placement of any offender in a community corrections program within the jurisdiction of
such board. If the referring agency does not provide an administrative review process
relating to such rejection after acceptance, the community corrections board shall provide
an administrative review process for any offender who is rejected after acceptance by
such board. The community corrections board shall provide written notification of the
rejection after acceptance of any offender to the referring agency and the administrator
of the community corrections program in which the offender is placed.
(8) A governing body shall approve or disapprove the establishment and operation of all
community corrections programs within the jurisdiction of such governing body, but such
authority may be delegated to the community corrections board created by such
governing body.
(9) A community corrections board may serve in a planning and coordinating capacity by
advising the governing body which created such board and consulting with officials of
state criminal justice agencies to improve local community corrections services.
(10) A community corrections board, and each individual member of such board, shall be
immune from any civil liability for the performance of the duties of such board or such
individual member as specified in this article, if such person was acting in good faith
within the scope of such person's respective capacity, makes a reasonable effort to obtain
the facts of the matter as to which action was taken, and acts in the reasonable belief
that the action taken by such person was warranted by the facts.
§ 17-27-104. Community corrections programs operated by units of local
government, state agencies, or nongovernmental agencies
(1) Any unit of local government, or any state agency authorized by this article, may
establish, maintain, and operate such community corrections programs as such unit or
agency deems necessary to serve the needs of such unit of local government or state
agency and offenders who are assigned to such programs by the department of
corrections, placed in such programs by the state board of parole, or sentenced to such
programs by the court.
(2) Pursuant to provisions of section 17-27-1.03, any nongovernmental agency may
establish, maintain, and operate a community corrections program under a contract with
the state of Colorado, a contract with a unit or units of local government, or a contract
with other nongovernmental agencies for the purpose of providing services to offenders
who are assigned to such programs by the department of corrections, placed in such
programs by the state board of parole, or sentenced to such programs by the court.
(3) The administrators of any community corrections program established pursuant to
this section shall have the authority to accept or reject any offender referred for
placement in such program. Screening procedures shall be developed in cooperation with
the community corrections board of the jurisdiction in which such community corrections
program is located. Acceptance criteria and screening procedures shall be provided in
writing by each community corrections program to each referring agency.
(4)(a) The administrators of each community corrections program established pursuant
to this section shall establish conditions or guidelines for the conduct of offenders
accepted and placed in such program. Such conditions or guidelines shall not conflict with
any conditions or guidelines established pursuant to section 17-27-103(6) by the
community corrections board of the jurisdiction in which such community corrections
program is located. Offenders accepted and placed in any community corrections
program shall have access to written copies of such conditions or guidelines for the
conduct of offenders upon placement in such program.
(b) One such condition shall be that an offender, upon being placed in a community
corrections program, shall execute a limited power of attorney to the director, or the
director's designee, of the community corrections program with which the offender is
being placed. The limited power of attorney shall grant to the director or the director's
designee the authority to dispose of moneys the offender has earned since being placed
in the program and that have been left in accounts or on deposit with the community
corrections program in the event that, after the offender is accepted by the community
corrections program, the offender is rejected from such program due to escape. The
moneys shall be disposed of for the following purposes and in the following order of
priority:
(I) Payment of court -ordered restitution to the victim of the crime committed by the
offender;
(II) Payment for the court -ordered support of the offender's dependents;
(III) Payment of fines, offender fees and surcharges, and other court -ordered financial
obligations imposed as part of the offender's sentence; and
(IV) Any remaining funds shall be paid into the victims and witnesses assistance and law
enforcement fund, established pursuant to section 24-4.2-103, C.R.S., in the judicial
district in which the community corrections program is located.
(c) The director of the community corrections program, or the director's designee, shall
maintain records of any disbursements of offenders' funds pursuant to this subsection
(4).
(d) The limited power of attorney shall be valid until the offender's sentence to
community corrections is discharged from community placement by the court.
(5) The administrators of each community corrections program established pursuant to
this section shall have the authority to reject after acceptance and terminate the
placement of any offender who violates conditions or guidelines established pursuant to
subsection (4) of this section, or if any conditions of such offender's placement in the
program are not satisfied. If the referring agency does not provide an administrative
review process, the community corrections program shall provide an administrative
review process for any offender who is rejected after acceptance. If the termination of
placement of an offender is initiated by the community corrections program, the referring
agency shall be notified immediately to arrange a transfer of custody for such offender.
The community corrections program may be required by the referring agency to maintain
temporary custody of the offender whose placement is being terminated for a reasonable
period of time pending receipt of appropriate transfer orders from the referring agency
unless the provisions of subsection (6) of this section apply.
(6) When the administrator of a community corrections program established pursuant to
this section, or any other appropriate referring agency, has cause to believe that an
offender placed in a community corrections program has violated any rule or condition of
such offender's placement in such program, or cannot be safely housed in such program,
the administrator or other appropriate authority shall notify the appropriate judicial or
executive authority of the facts which are the basis of such administrator's belief. Such
administrator may then execute a transfer order to any sheriff, undersheriff, deputy
sheriff, police officer, or state patrol officer which authorizes such peace officer to
transport the offender to the county jail in the county in which the community corrections
program is located and the offender shall be confined in such jail pending a determination
by the appropriate judicial or executive authority as to whether the offender should
remain in community corrections or be removed therefrom. Such offender shall be
confined without bond.
(7) The administrator of any community corrections program established pursuant to this
section shall notify a referring agency immediately that an offender has been transferred
to a county jail pursuant to subsection (6) of this section. Such notification shall contain
the name of the offender and identify the rule or condition of placement violated, and
describe such violation, or state the reason the offender cannot be safely housed in the
community corrections program.
(8) Upon placement of an offender in a community corrections program, the
administrator of the program shall notify local law enforcement agencies of the identity of
each such offender.
(9) The administrator of any community corrections program shall document the number
of days of residential placement completed by each offender sentenced directly to the
community corrections program by the court and the time credits granted to such
offender pursuant to section 18-1.3-301(1)(i), C.R.S. If any such offender is rejected
after acceptance by the community corrections board or the community corrections
program, the program administrator shall provide a written summary of the residential
days completed by such offender to the referring agency. If the offender is thereafter
committed to the department of corrections, such summary shall be reported to the
department of corrections to facilitate the calculation of any time credits pursuant to part
3 or part 4 of article 22.5 of this title.
(10) The administrator of any community corrections program shall enforce any order
relating to the payment of restitution, court costs, fees, or community service which is
ordered by the sentencing court. Such administrator shall establish a payment contract
and schedule for each offender placed in the community corrections program.
(11) The administrator of each community corrections program shall report to the
division of criminal justice and the community corrections board of the jurisdiction in
which such program is located on the offenders who have escaped from custody as such
term is described in section 17-27-106(1). The division of criminal justice is authorized to
prepare forms for these reports.
(12) The administrators of a community corrections program established pursuant to this
section may implement a mental illness screening program to screen the persons
accepted and placed in the community corrections program. If the administrators choose
to implement a mental illness screening program, the administrators shall use the
standardized screening instrument developed pursuant to section 16-11.9-102, C.R.S.,
and conduct the screening in accordance with procedures established pursuant to said
section.
§ 16-4-105. Selection by judge of the amount of bail and type of bond --criteria
(3)(a) The chief judge of any judicial district may order any persons who are applying for
pretrial release to be evaluated by a pretrial services program established pursuant to
this subsection (3) which shall make a recommendation regarding whether there should
be a pretrial release of any particular defendant. Such chief judge may make such order
in any or all of the counties of such chief judge's district.
(b) Any county or city and county may establish a pretrial services program which may
be utilized by the district court of such county or city and county. Any pretrial services
program shall be established pursuant to a plan formulated by a community advisory
board created for such purpose and appointed by the chief judge of the judicial district.
Membership upon such community advisory board shall include, but shall not be limited
to, a representative of a local law enforcement agency, a representative of the district
attorney, a representative of the public defender, and a representative of the citizens at
large. The plan formulated by such community advisory board shall be approved by the
chief judge of the judicial district prior to the establishment and utilization of the pretrial
services program. The requirement contained in this paragraph (b) that any pretrial
services program be established pursuant to a plan formulated by a community advisory
board shall not apply to any pretrial services program which exists prior to May 31, 1991.
(c) Any pretrial services program approved pursuant to paragraph (b) of this subsection
(3) shall meet the following criteria:
(I) Such program shall establish a procedure for the screening of persons who are
detained due to an arrest for the alleged commission of a crime so that such information
may be provided to the judge who is setting the amount of bail and type of bond. The
program shall provide such information as will provide the court with the ability to make
a more appropriate initial bond decision which is based upon facts relating to the
defendant's risk of danger to the community and the defendant's risk of failure to appear
for court.
(II) Such program shall make all reasonable attempts to provide the court with such
information delineated in subsection (1) of this section as is appropriate to each
defendant.
(d) Any pretrial services program may also include different methods and levels of
community -based supervision as a condition of pretrial release. The program may use
established supervision methods for defendants who are released prior to trial in order to
decrease unnecessary pretrial incarceration. The program may include any of the
following conditions for pretrial release or any combination thereof:
(I) Periodic telephone contact with the defendant;
(II) Periodic office visits by the defendant to the pretrial services program;
(III) Periodic home visits to the defendant's home;
(IV) Periodic drug testing of the defendant;
(V) Mental health or substance abuse treatment for the defendant, including residential
treatment;
(VI) Domestic violence counseling for the defendant;
(VII) Electronic or global position monitoring of the defendant; and
(VIII) Pretrial work release of the defendant.
(e) Commencing November 1, 2000, each pretrial services program established pursuant
to this subsection (3) shall provide an annual report to the state judicial department no
later than November 1 of each year, regardless of whether the program existed prior to
May 31, 1991. The judicial department shall present an annual combined report to the
house and senate judiciary committees of the general assembly. The report shall include
but is not limited to the following information:
(I) The number of interviews conducted with defendants;
(II) The number and nature of recommendations made;
(III) The number of defendants under pretrial release supervision who failed to appear;
and
(IV) Any additional information the state judicial department may request.
(f) Any pretrial services program established pursuant to this subsection (3) shall not be
eligible for further program funding if the program has failed to provide the reports
required in paragraph (e) of this subsection (3).
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