HomeMy WebLinkAbout20091230.tiffRESOLUTION
RE: APPROVE MASTER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES 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 has been presented with a Master Contract for Community
Corrections Services between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Community Corrections,
and the Colorado Division of Criminal Justice, commencing July 1, 2009, and ending June 30,
2014, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Master Contract for Community Corrections Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Community Corrections, and the Colorado Division of
Criminal Justice be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of May, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WE Ck` OLORADO
ATTEST:
Weld County Clerk to the Bo
BY
Deput Clerk to the Board
APPROVED AS TO FORM:
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Date of signature Z'/ 9/G
David E. Long
iam F. Garcia, Chair
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Sean P. Conway/
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MEMORANDUM
To: Board of County Commissioners
From: Doug Erler
Re: New Five -Year Master Contract for Community
Corrections Services
Date: May 19, 2009
Enclosed are four (4) copies of the new five-year master contract
between the State of Colorado, Department of Public Safety and Weld
County Board of Commissioners on behalf of the Weld County
Community Corrections Board for Fiscal Years 2009-2014.
During the draft contract, review and comment period, County
Attorney, Bruce Barker and I did not observe and therefore express
any notable concerns to the Division of Criminal Justice. This contract
now comes before you for your approval.
I respectfully request the return of all four (4) signed copies by Chair,
Commissioner Garcia to me. Once received; I will personally ensure
that they are promptly returned to the Division of Criminal Justice by
their requested deadline of no later than June 13, 2009. When the
contract is complete, I will return a fully signed copy to the Clerk of
the Board.
Thank you.
Community Corrections Department
909 10th Avenue * P.O. Box 758 * Greeley, CO 80631
Phone: (970)356-4000 x 4848* Fax: (970)392-4677
2009-1230
cd
Bill Ritter, Jr.
GOVERNOR
Peter A. Weir
EXECUTIVE DIRECTOR
Colorado State
Patrol
Colorado Bureau
of Investigation
Division of
Criminal Justice
Office of Preparedness,
Security,and Fire Safety
�J
DCJ
DS
COLORADO
DEPARTMENT
OF PUBLIC SAFETY
Memorandum
To: Colorado Community Corrections Boards
From: Carl A. Blesch
Office of Community Corrections
Division of Criminal Justice
(303) 239-4448
Date: May 12, 2009
Division of Criminal Justice
Jeanne M. Smith, Director
Office of Community Corrections
Carl A. Blesch, Program Director
700 Kipling Street
Suite 3000
Denver, CO 80215-5865
(303)239-4448
FAX (303) 239-4491
Re: New Five -Year Master Contracts, with Deadline of Friday, June 13, 2009
As indicated to you in previous communications, it is now time to renew the Five -Year Master
Contracts that allow us to remit funds to you for community corrections services. We ask your
cooperation in carefully following the instructions associated with the execution of these contracts.
We have attached four (4) copies of the original contract. To save printing and mailing costs, we
have only attached one set of exhibits, which are of course applicable to each of the contracts.
When you receive the contract back from us with the signatures of the Director of the Division of
Criminal Justice and the State Controller, we will include that set of exhibits for your use.
You will want to know that, during the draft contract comment period, we heard concerns about
several elements in the original draft. These provisions were among the additions placed in the
draft by the State Controller Delegate as a part of the State Controller's effort to standardize state
contracts generally. The items included:
• The ability of DCJ to reject for good cause vendors that a local board had selected;
The unilateral ability of the state to terminate the contract; and,
New provisions related to contract remedies, including language that the state could request
the removal of any of your employees for failure to properly manage billing or some other
aspect of the contract.
Based upon your comments, the State Controller Delegate and Procurement Director agreed to the
removal of all of these items. You will note that the permanent contract does not include any of
these elements.
Five -Year Master Contract Information
May 12, 2009
Page 2 of 2
Although many of you have been through several five-year contract cycles, we ask that you take careful note of
the following requirements:
As set forth in previous communications, it is essential that you have the correct person sign the signature
page of the contract on behalf of your local board. Pursuant to the provisions of CRS 17-27-103, the
chairperson of your local community corrections board is always acceptable to the state as your only
signatory. If the chairperson of the local community corrections board is your signatory, we need a copy of
the minutes of the local community corrections board meeting at which that person was designated as the
chair. If you don't have a copy of those minutes, please call us at 303-239-4448 immediately.
If your local requirements mandate that the chairperson of a board of county commissioners or some other
person must sign on your behalf, we need to have evidence of the legal authority of that person to sign the
document. Proper evidence would include, for example, a copy of the resolution appointing the signatory
as the chairperson of the board of county commissioners or, in the case of a financial person with signing
authority, a copy of the resolution or ordinance authorizing that person to sign such contracts. Please
contact us at 303-239-4448 if any aspect of that requirement is unclear.
It is a violation of Colorado law for us to pay you for services rendered before the contract is fully
executed and countersigned by the State Controller. Therefore, it is critical that you execute all four (4)
of these contracts and return all four (4) of them to us on or before f iiafar. .lane 13, 2009, at 5:00 Pi!
tltu nta n Dantirthr r ituc. This will give us about two weeks to complete the agreement, obtain the
Controller countersignature required by statute, and get the contracts back to you.
At the risk of over -repetition, please note: If you do not return the contracts to us with the proper signature
and documentation of the authority of your signatory AND if we do not obtain the countersignature of the
State Controller or his delegate by July 1, 2009, you may never be paid for community corrections services
rendered on or after that date. For example, if the contracts are fmally consummated and countersigned by
the State Controller on July 10, that is the date upon which billing may begin for services rendered in the
fiscal year that begins on July 1. Pursuant to state law, the fast 10 days of July could end up
uncompensated. If any aspect of this situation is unclear, or if you think that you cannot return the
contracts by Friday, June 13, 2009, please call us immediately at 303-239-4448. We do not make these
rules, but we are required to enforce them.
Please do not change any aspect of the contract without contacting us first. We provided the draft
contracts for a comment period, and received a number of helpful replies that led to changes in the contract
acceptable to the procurement and controller authorities. At this point, we lack the time to further
negotiate these agreements.
We greatly appreciate your cooperation in the timely execution and return of these contracts. Please let us
know if you have any questions or issues of any kind as soon as possible. We deeply value our relationships
with the local community corrections boards, and we thank you for your service and hard work.
Department or Agency Name
Public Safety
Department or Agency Number
RAA
Contract Number S EM I'
CONTRACT
THIS CONTRACT, made this 4:2.9" day of , 20 09 , by and between the State
of Colorado, Depa] tment of Public Safety, for the use nd benefit of the Division of Criminal Justice,
700 Kipling Street, Suite 1000, Denver, Colorado 80215, hereinafter referred to as the State, and Board
of County Commissioners of Weld County, on behalf of the Community Corrections Board, P.O.
Box 758,Greeley, CO 80632 hereinafter referred to as the Contractor;
RECITALS
1. Authority exists in the law and funds for the current fiscal year have been budgeted, appropriated and
otherwise made available and a sufficient uncommitted balance thereof remains available for
encumbering the subsequent payment of this contract; and
2. Required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
3. The Department of Public Safety, Division of Criminal Justice, is authorized by Title 17, Article 27,
and Section 18-1.3-301, C.R.S., as amended, to administer and execute all contracts with units of
local government, community corrections boards, or nongovernmental agencies for the provision of
community corrections facilities and programs as defined pursuant to Title 17, Article 27, and Section
18-1.3-301, C.R.S., as amended.
4. The Contractor is authorized to enter into agreements with the State as a result of the statutory
reference, resolution or ordinance attached, marked as Exhibit "D" and incorporated herein by
reference.
5. Any contract between the State and its local government subdivisions is exempt from the
procurement process, pursuant to C.R.S. 24-101-105(1), as amended.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations contained in this
contract, the State and the Contractor agree as follows:
I. STATEMENT OF WORK
1. Responsibilities of the Contractor:
A. Approval. The Contractor shall ensure that the community corrections services are
provided through programs approved by the local community corrections board in their
Contract Page 1 of 286
jurisdiction and operating pursuant to Title 17, Article 27, and Section 18-1.3-301, C.R.S.,
as amended.
B. Subcontract.
1) The Contractor may subcontract for community corrections services with any private
agency or unit of local government for the purpose of rendering services to offenders,
provided, however, that any subcontractors shall comply with the terms and provisions of
this contract and all applicable sections of Title 17, Article 27, and Section 18-1.3-301,
C.R.S., as amended. The Contractor shall include all requirements of this contract in all
subcontracts with programs.
2) Copies of all subcontracts shall be provided to the State within ninety (90) days following
the beginning of the fiscal year or within ninety (90) days following the addition or
replacement of a new subcontractor. No payment shall be authorized unless the
appropriate subcontract has been executed and the services specified in the approved
subcontract have actually been provided.
3) All subcontractor responsibilities shall be the responsibility of the Contractor if the State
is contracting directly with a community corrections program that provides services and
supervision for offenders.
4) The Colorado Community Corrections Risk Factor Analysis published pursuant to C.R.S.
17-27-108(2)(b)(II)(B) is attached to this contract as Exhibit. H. and is incorporated by
reference.
5) In each year, the revised Risk Factor Analysis shall be published and transmitted by the
State to the Contractor.
6) Except as otherwise provided herein, commencing on July 1, 2011, and on the July 1 of
each fiscal year thereafter, the Contractor shall not disburse any funds allocated pursuant
to this contract for services rendered by any community corrections program or provider
at any location that has been designated as a "Level I" program or provider pursuant to
the two most recently revised Risk Factor Analysis publications.
7) The Contractor may still disburse funds pursuant to this contract to a "Level I" program
or provider if:
(a) the program or provider has been operating at its current location for less than 24
months, or
(b) the program or provider has not had at least one full performance audit or at least one
follow-up performance audit within the 12 months preceding the publication of the
most recently revised Risk Factor Analysis, or
(c) the Contractor has the written consent of the State to continue to disburse funds to the
"Level 1" program or provider.
8) Notwithstanding any other provisions of this contract, the Contractor shall withhold the
disbursement of funds to any new program or provider situated at the same physical
location as a "Level I" program or provider unless and until:
Contract Page 2 of 13
a) the State concurs in writing that the new program or provider is under new ownership
or management, and
b) an initial performance audit of the new program or provider by the State
demonstrates that such new program or provider is likely to meet or exceed the
performance levels necessary for subsequent Risk Factor Analysis designation as a
"Level II," "Level III" or "Level IV" program or provider.
9) Notwithstanding any other provision of this contract, the State may on an emergent basis
and after appropriate inquiry designate any program or provider receiving funds pursuant
to this contract as ineligible to continue to receive such funds when it is demonstrated
that the current operation of the program or provider constitutes an imminent and
significant threat to public safety. No such designation shall be made without the written
concurrence of the Executive Director of the Department of Corrections, the Executive
Director of the Department of Public Safety and the Administrator of the State Judicial
Department, or their designees.
a) The designation of ineligibility to receive funds shall continue until the State finds
that the imminent and significant threat to public safety has been abated and is not
likely to recur.
b) The designation of ineligibility to receive funds shall not prohibit payment for
services already rendered.
C. Description of Services. The Contractor shall ensure that its subcontractors provide such
services as specifically set forth in the annual proposal submitted to the State for the
provision of services to 1) offenders referred by the Department of Corrections (DOC), 2)
offenders referred by the State Judicial Branch (SJB), 3) offenders referred by the State
Board of Parole, or 4) offenders referred by SJB pursuant to Section 19-2-907(l)(b),
Section 19-2-908, and Section 19-2-910, C.R.S., as amended.
D. Standards. The Contractor shall ensure that its subcontractors meet, maintain and comply
with all applicable guidelines or standards as provided in Title 17, Article 27, and Section
18-1.3-301, C.R.S., as amended, and the "Colorado Community Corrections Standards", as
revised or amended, attached, marked as Exhibit "E" and incorporated herein by reference.
Non-compliance with Standards may result in reduction of compensation rates as specified
in the Allocation Letter, sample form attached, marked as Exhibit "B" and incorporated
herein by reference; cessation of offender placements in the program; implementation of a
competitive bid process, coordinated with the local community corrections board, to
consider alternate program providers; cancellation of the contract; or cancellation of the
subcontract.
E. State and Local Regulations. The Contractor shall ensure that its subcontractors comply
with all state and local laws, health, safety, fire, building and zoning requirements.
F. Victim Rights Act. The Contractor shall ensure that its subcontractors comply with Section
24-4.1-302.5, Section 24-4.1-303 and Section 24-4.1-304 C.R.S., as amended, commonly
known as the Victim Rights Act and enabling legislation.
Contract Page 3 of 13
G. Immigration Reform Control Act. The Contractor shall ensure that its subcontractors
comply with all federal and state laws, including the Immigration Reform Control Act in all
hiring practices.
H. Americans with Disabilities Act. The Contractor shall ensure that its subcontractors
comply with all applicable titles of the Americans with Disabilities Act (Public Law
101.336) and submit documentation as required by the State to demonstrate compliance
with this Act.
I. Client Files. The Contractor shall ensure that its subcontractors maintain individual files
for each offender participating in their program as required by DOC/SJB. The individual
files shall be maintained in a secure area, in a locked file cabinet or safe. Such files and
criminal history records shall be maintained and disseminated pursuant to federal and state
regulations.
J. Reports. The Contractor, and its subcontractors, shall provide timely, prompt, and accurate
reports as are or may be required by the State, DOC or SJB during the period of the
contract, which include but are not limited to statistical reports, caseload data, required
entries into the Community Corrections Information and Billing computer system, Survey
Questionnaires and other records documenting the types of services provided and the
identity of the individual offenders receiving such services. Computerized termination
forms and related offender data must be completed by program staff, as prescribed by the
State, for each offender served, and shall be completed in accordance with the requirements
of the State.
K. Fugitive Reporting System. Pursuant to Section 17-27-104(11), C.R.S., the Contractor
shall ensure that any probable escape of any offender funded pursuant to this Contract is
reported by program staff providing services through this contract in the manner prescribed
by the State.
L. Supervision of Offenders. The Contractor shall ensure that its subcontractors provide 24 -
hours -a -day, seven -days -a -week staff supervision of the offenders assigned to the
residential facility as specified in the "Colorado Community Corrections Standards".
M. Method of Billing.
1) The Contractor shall bill the State for services provided on such forms and in such
manner as the State may require.
2) Billing shall be submitted through the Community Corrections Information and Billing
system and/or, at the sole discretion of the State, on a Community Corrections Billing
form provided to the Contractor by the State for that purpose. The State reserves the right
to modify billing procedures.
3) The Contractor shall send the Colorado Community Corrections Month -End Expenditure
Form, sample form attached hereto and incorporated by reference as Exhibit "F", within
thirty (30) days of the end of each month.
4) The Contractor shall report the total billable program costs to the State within five (5)
days after the end of the fiscal year. The State may require the Contractor to provide an
Contract Page 4 of 13
estimate of final year-end expenditures any time within sixty (60) days prior to the end of
the fiscal year.
5) The Contractor agrees to attempt to use funds on an approximately equal quarterly basis,
unless authorized by the State. If actual quarterly expenditures are less than the quarterly
advance by more than twenty percent (20%), subsequent quarterly payments may be
reduced accordingly.
N. Additional Services. The Contractor shall ensure that its subcontractors obtain prior written
approval from the State before providing any additional billable services or evaluations not
provided for by the terms and conditions of this contract. If services are billed by the
Contractor that exceeds the maximum total payment as described in Exhibit "B", or any
subsequent Reallocation Letter substantially equivalent to Exhibit "C", the State is not
liable for reimbursement. Should additional funding become available, the State may, at its
own option, choose to reimburse beyond the amount specified in Exhibit "B", by means of
a Reallocation Letter substantially equivalent to Exhibit "C".
O. Reimbursement by Client.
1) The Contractor shall ensure that its subcontractors know that they may charge each
offender participating in a community corrections program the reasonable costs of the
services not covered by State payments, pursuant to the annual legislative appropriation.
The charges may be, but are not required to be, collected on an ability -to -pay basis. Each
offender shall be issued receipts for fees collected.
2) Any charges to offenders in excess of the amounts listed in the legislative appropriation
must be approved in advance by the State and the local community corrections board.
P. Absence Due to Arrest. The Contractor shall ensure that its subcontractors notify
DOC/SJB immediately if they know an offender has been arrested and/or is in the custody
of federal, state or local authorities. The State shall compensate the Contractor at full rate
for the day the offender is arrested, and at fifty percent (50%) of the regular per diem rate
for up to seven (7) days for maintaining the availability of a bed during the offender's
absence.
Q. Unauthorized Absence. The Contractor shall ensure that its subcontractors notify
DOC/SJB, through the appropriate probation/parole officer, within two (2) hours after an
offender is discovered to be absent from an approved location or activity without
authorization. The subcontractor shall keep the offender's bed available for a period not to
exceed one (1) day during the offender's unauthorized absence if DOC/SJB notifies the
subcontractor that it does desire to have the bed kept available. The State shall compensate
the Contractor at full rate only on the day the offender escapes.
R. Insurance.
1) The Contractor shall ensure that its subcontractors obtain and maintain in full force and
effect at all times during the term of this agreement, insurance in the following kinds of
amounts:
Contract Page 5 of 13
a) Standard Worker's Compensation and Employer Liability as required by State
statute, including occupational disease, covering all employees on or off the work
site, acting within the course and scope of their employment.
b) General, Personal Injury, and Automobile Liability (including bodily injury, personal
injury, and property damage) minimum coverage:
1) Combined single limit of $1,000,000 if written on occurrence basis.
2) Any aggregate limit will not be less than $1,000,000.
3) Combined single limit of $1,000,000 for polices written on a claims -made basis.
The policy shall include an endorsement, certificate or other written evidence that
coverage extends two years beyond the performance period of the contract.
4) If any aggregate limits are reduced below $1,000,000 because of claims made or
paid during the required policy period, the subcontractor shall immediately
obtain additional insurance to restore the full aggregate limit and furnish a
certificate or other document showing compliance with this provision.
2) The State of Colorado shall be named as additional insured on all liability policies.
3) The insurance shall include provisions preventing cancellation within sixty (60) days
prior notice to the State by certified mail.
4) The subcontractors shall provide a certificate showing adequate insurance coverage to the
State on July 1 of each year, whenever insurance coverage changes in any manner and
upon request of the State, unless otherwise provided.
5) If the subcontractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended ("Act"), the
subcontractor shall at all times during the term of this contract maintain such liability
insurance, by commercial policy of self-insurance, as is necessary to meet its liabilities
under the Act. Upon request by the State, the subcontractor shall show proof of such
insurance.
S. Access to Medical Services. Policy and procedures of the subcontractor shall specifically
prohibit any restriction or constraint of offenders' movements or efforts to attend to their
legitimate medical or dental needs. If a medical emergency occurs, the Contractor shall
ensure that its subcontractors immediately notify the referring agency. The State shall
compensate the Contractor at the full rate of the day an offender is placed in a hospital, and
at fifty percent (50%) of the regular per diem rate for up to seven (7) days for holding a bed
available during the hospitalization of an offender, unless the referral agency notifies the
subcontractor otherwise.
T. Review and Inspection. The Contractor, and its subcontractors, shall allow the State, DOC,
SJB or Health Department employees to inspect, with or without notice, the facilities, fiscal
and program files, other records, and services provided to determine compliance with this
contract.
Contract Page 6 of 13
U. Record Retention. The Contractor, and its subcontractors, shall retain all books, records,
and other documents of any part pertaining to this agreement for seven (7) years after final
payment, and allow any person duly authorized in writing by the State to have full access to
and a right to examine and copy any of the above materials during such period.
V. Information Provided. The Contractor shall ensure that its subcontractors provide
information upon request of the appropriate DOC/SJB officers regarding the activities and
adjustment of offenders assigned to their program. The Contractor shall ensure that its
subcontractors collect, maintain and make available to DOC/SJB ongoing data regarding
employment, alcohol abuse, drug abuse, psychological programs and treatment, vocational
or educational needs and service, re -arrest or other criminal activity, and court imposed
fines and restitution and that such subcontractors make timely entries of such data into the
Community Corrections Information and Billing computer system, as the State may
require.
W. Financial Audit. The Contractor shall ensure that its subcontractors provide to the State an
independent financial audit report(s) which covers the agency's fiscal year(s) relevant to the
contract period. Such materials shall be provided to the State every three years within six
(6) months of the end of the fiscal year, beginning in 2011, unless a different schedule is
established in writing by mutual agreement of the parties. These requirements may be
waived, all or in part, by the State in accordance with established standards.
X. Notification of Ownership Changes (Governmental Entities Exempt).
i) The Contractor shall ensure that its subcontractors notify the State in writing within thirty
(30) days after becoming aware that a change in its ownership has occurred, or is certain
to occur, that could result in changes in the valuation of its capitalized assets in the
accounting records. The Contractor shall also ensure that its subcontractors notify the
State in writing within thirty (30) days whenever changes to asset valuations or any other
cost changes have occurred, or are certain to occur, as a result of a change in ownership.
2) The Contractor shall ensure that its subcontractors:
a) Maintain current, accurate and complete inventory records of assets and their costs;
b) Provide the State or designated representative ready access to the records upon
request;
c) Ensure that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified accurately
before and after each of the subcontractor's ownership changes; and
d) Retain and continue to maintain depreciation and amortization schedules based on the
asset records maintained before each subcontractor ownership change.
3) The Contractor shall include the substance of this clause in all subcontracts under this
contract that meet the applicability requirements of the State.
2. Responsibilities of the State:
A. Multi Year Obligations.
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1) Prior to the beginning of each fiscal year, the State shall send the Contractor an
"Allocation Letter", approved by the State Controller or his designee, sample form
attached, marked as Exhibit "B" and incorporated herein by reference. The Allocation
Letter shall include the following conditions:
a) Original maximum annual allocations and rates of reimbursement for each category
of community corrections funding;
b) Applicable fiscal year for the allocation and rates of reimbursement;
c) A provision stating that the allocations shall not be valid until approved by the State
Controller or his designee.
2) Upon proper execution by the State, such Allocation Letter shall become an amendment
to this contract.
3) The State may allocate more or less funds available on this contract using a Reallocation
Letter substantially equivalent to Exhibit "C", sample form attached and incorporated
herein by reference, and bearing the approval of the State Controller or his designee. The
Reallocation Letter shall not be deemed valid until it has been approved by the State
Controller or his designee.
B. Payment for Services.
1) The State agrees to advance funds on a quarterly basis to the Contractor in accordance
with the schedule in Exhibit "B" subject to compliance with the provision of the
contract, as may be amended by any subsequent Reallocation Letter substantially
equivalent to Exhibit "C".
2) During the period of the contract, upon receipt of proper billings from the Contractor as
provided in paragraph 1.M. herein, payment shall be offset against advances up to a
maximum total payment as specified in Exhibit "B".
3) Reimbursement will not be allowed for the first day of an offender's participation in a
program, but shall be allowed for the last day of an offender's participation. The day an
offender transfers from Residential to Non -Residential status, reimbursement will be
made at the residential daily rate, but shall not be made for non-residential expenses. The
day an offender transfers from Non -Residential to Residential status, reimbursement will
be made for Non -Residential expenses, but shall not be made for the residential daily
rate.
4) The community corrections board, or the unit of local government that established the
board, may use up to four percent (4%) of the total original allocation for residential
transition, residential diversion and diversion non-residential services for administrative
purposes. The board or unit of local government may opt to perform any or all of the
following functions to be eligible to receive the administrative funds:
a) Optionl: Administer contracts with approved service providers and administer
payments to subcontractors — eligible for up to two percent (2%) of the funds;
Contract Page 8 of 13
b) Option 2: Provide staffing support for local boards to conduct regular business and
screening functions; and in coordination with state and local agencies, monitor
community corrections programs within the jurisdiction of such board, oversee
compliance with state and local standards, monitor program performance based on
the State's performance measures, and enforce the implementation of plans to bring
providers in compliance with program standards. The community corrections
board's oversight of the community corrections program within the board's
jurisdiction shall include assessing the number of offenders who have escaped from
custody, based on reports prepared by the administrators of community corrections
programs, and determining compliance by community corrections programs with the
recommendations made in audit reports prepared by the State — eligible for up to two
percent (2%) of funds;
c) Contractors shall keep financial records documenting the receipt and expenditure of
all administrative funds and maintain these records for a period of seven (7) years
following the contract period.
d) Quarterly reports summarizing each quarter's administrative expenditures within
each option category shall be forwarded to the State no more that thirty (30) days
following the end of each quarter. The Contractor shall use the Colorado Community
Corrections Quarterly Administrative Expenditures Summary form, form attached
hereto and incorporated by reference as Exhibit "G"
e) The Contractor or employees of the Contractor who have responsibility for receipt
and/or disbursement of money under this contract shall be bonded or insured to the
value of the total allocation in Exhibit "B". Documentation of such bonding or
insurance shall be forwarded to the State prior to the disbursement of contract funds.
5) The Contractor shall use no more than one percent (1%) of their total residential
diversion allocation for condition of probation clients. Reimbursement for any single
client in residential diversion community corrections as a condition of probation shall be
limited to a maximum of thirty (30) days, unless a written request is presented to and
approved by the State.
6) Any transfer of funds by the Contractor between the transition and diversion line items
listed in Exhibit "B" must be reviewed and approved in writing by the State, except that
the Contractor may transfer up to ten percent (10%) of such funding between the
transition and diversion line items without the approval of the State.
7) The Contractor may request funds to supplement the allocations of this contract, under
circumstances defined by the Office of State Planning and Budgeting. All requests for
supplemental funds are subject to review by the executive and legislative branches of the
State and are subject to the provisions of the Reallocation Letter.
8) Reimbursement may be allowed for any additional programmatic funding approved by
the Legislature.
C. Payment for Travel. The State shall reimburse the Contractor for travel at the rate allowed
by State Fiscal Rules, when such travel is requested by DOC or approved by the State for
the purpose of transporting offenders. The Contractor agrees that all travel to DOC
correctional facilities shall be coordinated by DOC prior to the Contractor being
Contract Page 9 of 13
reimbursed. The Contractor shall provide the State with monthly travel reports setting forth
the date of travel, mileage, destination and offenders transported. Reimbursement for
mileage shall be made from the residential transition allocation listed in Exhibit "B."
Payment shall be made by the trip, not for each individual offender.
D. Payment for Leave of Absence. The State shall pay for the following leaves of absence at
the full per diem rate, when authorized and approved by DOC or SJB:
1) "Pass or furlough" based on a privilege to leave the facility to an approved location for up
to forty-eight (48) hours.
2) "Off -grounds leave" for the purpose of which is to conduct a hearing or assessment
regarding the continuation of the offender in community corrections, for a maximum
allowable period of three (3) days.
3) "Emergency leave" caused by and limited to a serious life -threatening incident in the
offender's immediate family, subject to a maximum period of seven (7) days, to be
reimbursed at fifty percent (50%) of the regular per diem rate.
E. Noncompliance. The State agrees to allow the Contractor thirty (30) days within which
they may correct or justify identified issues, following a notice of non-compliance, unless
there is an immediate risk to public safety. If the identified issues are unresolved within the
thirty (30) day period, action may be taken under any applicable provisions of this
Contract.
F. Limitation of Payments and Liabilities. The State shall not assume liability for any
deficiency that the Contractor, or its subcontractors, may incur in the operation of its
program nor for any debts or expenditures incurred by the Contractor, or its subcontractors,
for ensuing fiscal years.
II. GENERAL PROVISIONS
1. Performance Period. The contract shall be effective upon approval by the State Controller or
designee, or on July 1, 2009, whichever is later, and extend through June 30, 2014, contingent
upon availability of funds.
2. Assignment. The rights and duties arising under this contract shall not be assigned or delegated
without the prior written consent of the State.
3. Breach. A breach of this contract shall not be deemed to be a waiver of any subsequent breach or
default of the contract.
4. Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this contract, and all rights of action relating to such enforcement, shall be
strictly reserved to the State and the Contractor. Nothing contained in this agreement shall give
or allow any claim or right of action whatsoever by any other third person, with the exception of
community corrections boards authorized to administer local programs; otherwise, it is the
express intent of the parties to this contract that any such person or entity receiving services or
benefits under this contract shall be deemed an incidental beneficiary only.
Contract Page 10 of 13
5. Governmental Immunity. Notwithstanding any other provision of this contract to the contrary, no
term or condition of this contract shall be construed or interpreted as a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the Colorado
Governmental Immunity Act, Section 24-10-101, et. seq. C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property
arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards,
officials, and employees is controlled and limited by the provisions of Section 24-10-101, et. seq.,
C.R.S., as now or hereafter amended and the risk management statutes, Section 24-30-1501, et.
seq., C.R.S., as now or hereafter amended.
6. Termination. This contract may be terminated by either party by giving thirty (30) days notice in
writing, delivered by certified mail, return receipt requested, to the other party at the above
address, or delivered by personal services upon the party.
A. If notice is so given, this contract shall terminate on the expiration of the thirty (30) days,
and the liability of the parties hereunder for the further performance of the terms of this
contract shall thereupon cease, but the parties shall not be relieved of the duty to perform
their obligation up to the date of termination.
B. Upon receipt of notice of termination for convenience, the Contractor shall incur no further
obligations in connection with the contract. The Contractor will be reimbursed for
reasonable costs allocable to the contract performance. The State may deduct any
unliquidated advance payments made pursuant to Exhibit "B" from compensation due the
Contractor, and in the event the amount advanced exceeds the compensation yet due the
Contractor after termination, that amount shall be remitted to the State within thirty (30)
days of contract termination.
7. Remedies. In addition to any other remedies provided for in this contract, and without limiting
the remedies otherwise available at law or in equity, the State may exercise the following
remedial actions if Contractor substantially fails to satisfy or perform the duties and obligations in
this contract. "Substantial failure" to satisfy duties and obligations shall be defined to mean
material, insufficient, incorrect or improper performance, activities or inaction by Contractor.
These remedial actions are as follows:
A. Withhold payment to Contractor until the necessary Services or Goods or corrections in
performance, development or manufacture are satisfactorily completed;
B. Deny payment for those Services or obligations which have not been performed and/or Goods
which have not been provided and which, due to circumstances caused by Contractor, cannot
be performed, or if performed would be of no value to the State. Denial of the amount of
payment must be reasonably related to the value of work or performance lost to the State;
and/or
C. Terminate this contract for default.
8. Notice. All notices required to be given by the parties hereunder shall be hand delivered or given
by registered or certified mail to the individuals at the addresses set forth below. Either party
may from time to time designate in writing new or substitute addresses or persons to whom such
notices shall be sent.
Contract Page 11 of 13
For the State:
Jeanne Smith
Department of Public Safety, Division of Criminal Justice
700 Kipling Street, Suite 1000
Denver, CO 80215
For the Contractor:
Doug Erler
Weld County Community Corrections
P.O. Box 758
Greeley, CO 80632
9. Entire Understanding. This contract is intended as the complete integration of all understanding
between the parties. No prior or contemporaneous addition, deletion or other amendment hereto
shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent
novation, renewal, addition deletion or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State of Colorado
Fiscal Rules.
10. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its
exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the
document in the following order of priority:
A. Colorado Special Provisions, Exhibit "A"
B. Contract, pages 1 through 12
C. Allocation Letter, Exhibit "B" (two -page sample), attached
D. Reallocation Letter, also known as the Funding Letter, Exhibit "C" (one page sample),
attached
E. Resolution, ordinance or statute authorizing the Contractor to enter into an agreement with
the State to provide community corrections services, Exhibit "D,"attached;
F. Colorado Community Corrections Standards, Exhibit "E", attached;
G. Community Corrections Month -End Expenditure Form, Exhibit "F" (one page sample),
attached;
H. Colorado Community Corrections Quarterly Administrative Expenditures Summary Form,
Exhibit "G" (one -page sample), attached.
I. The Community Corrections Risk Factor Analysis, Exhibit "H", attached
Contract Page 12 of 13
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's
behalf and acknowledge that the State is relying on their representations to that effect.
CONTRACTOR
Legal Name of Co ctor:
W/
By:
Title: Chair, Board of County Commissioners
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Colorado Department of Public Safety
Peter A. Weir, Executive Director
.
William F. GarcidSignature
Date: MAY 2 7 2009
.,1a�
By: Jeanne eq! Smith, Director
Division of Criminal Justice
Sienatory avers to the State Controller or delegate that a
Statutory Violation has not occurred and will not occur
before the Effective Date or that a waiver has been requested
under Fiscal Rules
Date: ‘:—p2 K —O7
2nd Contractor Signature if Needed
By:
Title:
LEGAL REVIEW
John W. Suthers, Attorney General
By.
Signature - Assistant Attorney General
Date:
*Signature
Date:
D
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and
dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If
Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
Date:
Jeffrey S. Warren, Controller Delegate
�2 c ( c
Contract Page 13 of 13
a7c0 - /-730
Exhibit A
Colorado Special Provisions
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28
U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be
deemed to be an agent or employee of the State. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Unemployment insurance benefits will be available to Contractor and its employees and agents only if
such coverage is made available by Contractor or a third party. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of
its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra -judicial body or person. Any provision to the contrary in this contact or incorporated herein
by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor
hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has
and shall maintain in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate
termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50.507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this contract. Contractor has no interest and
Exhibit A - Page 1 of 2
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Contractor's services and Contractor shall not employ any person having such known
interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the
State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts
or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other
unpaid debts owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract and will
confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this contract, through participation in the E -Verify Program or the
Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify
Program or Department program procedures to undertake pre -employment screening of job applicants
while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency
within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with
an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-
101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS
§24-76.5-103 prior to the effective date of this contract.
Revised 1-1-09
Exhibit A - Page 2 of 2
Exhibit B
Sample Allocation Letter
cd
Bill Ritter, Jr.
GOVERNOR
Peter A. Weir
EXECUTIVE DIRECTOR
Colorado State
Patrol
Colorado Bureau of
Investigation
Division of
Criminal Justice
Division of Fire Safety
Office of Preparedness
and Security
OS
COLORADO
DEPARTMENT
OF PUBLIC SAFETY
SAMPLE ALLOCATION LETTER #
FY 2009 - 2010
Date
Dear Contractor:
Division of Criminal Justice
Jeanne M. Smith, Director
700 Kipling St.
Suite 1000
Denver, CO 80215-5865
DESK (303) 239-4448
FAX (303) 239-4411
Pursuant to the contract between the Colorado Department of Public Safety, Division of Criminal
Justice (DCJ) and in conformity with Contract #
, DCJ hereby notifies you of the following funding allocations for Fiscal
Year 2009-2010.
Pursuant to the said Contract, for the period July 1, 2009, through June 30, 2010, payment will be
made as earned, in whole or in part, from available State funds encumbered in an amount not to
exceed the total sum of $ to be allocated as follows:
$ for residential Diversion services for community corrections offenders,
payable at a daily community corrections rate of $37.74 per offender; and,
$ for residential Transition services for community corrections offenders,
payable at a daily community corrections rate of $37.74 per offender; and,
$ for non-residential services for offenders placed as a Condition of Parole,
payable at a daily community corrections rate of $37.74 per offender; and,
$ for Community Corrections Board Administration by the Contractor, and
$ for the services enumerated below, payable at the specified daily rate per
offender:
a) Service:
Daily Rate per Offender: $
b) Service:
Daily Rate per Offender: $
Exhibit B, Page 1 of 2
1. Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available.
2. Funds allocated in this Allocation Letter are for services rendered during the current contract
period, and cannot be used to pay for community corrections services provided in prior or
future fiscal years.
3. Any unexpended funds allocated or danced to the Contractor by the Allocation Letter shall be
reverted to the State no later than September 30, 2010.
4. This allocation is intended to be effective July 1, 2009, but in no event shall this allocation be
deemed valid until it has been approved by the State Controller or his designee.
APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor
Peter A. Weir
Executive Director, Colorado Department of Public Safety
By:
Jeanne M. Smith
Director, Division of Criminal Justice
Date:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date below,
the State of Colorado may not be obligated to pay for goods and/or services provided.
State Controller: David J. McDermott, CPA
By:
Date:
Exhibit B, Page 2 of 2
Exhibit C
Sample Reallocation Letter
cd
Bill Ritter, Jr.
GOVERNOR
Peter A. Weir
EXECUTIVE DIRECTOR
Colorado Slate
Patrol
Colorado Bureau of
Investigation
Division of
Criminal Justice
Division of Fire Safety
Office of Preparedness
and Security
DS
COLORADO
DEPARTMENT
OF PUBLIC SAFETY
DATE:
TO:
SAMPLE REALLOCATION LETTER
REALLOCATION LETTER #
FY
SUBJECT: Changes to Allocation Letter No.
Dear Contractor:
Division of Criminal Justice
Jeanne M. Smith, Director
700 Kipling St.
Suite 1000
Denver, CO 80215-5865
DESK (303)239-4448
FAX (303)239-4411
In accordance with the provisions of Contract # between the State of
Colorado Department of Public Safety, Division of Criminal Justice (DCJ), and
, covering the period of July 1, 20 through June
30, 20
The maximum amount of funds available and specified in Allocation Letter #
to Contract # is (increased/decreased) by ($ amount of change) to a
new total funds available of ($ ) for services under the contract.
The effected lines of Allocation Letter # to Contract #
shall now read: "
The funding letter is effective upon approval by the State Controller or such assistant as he may
designate.
This amendment to the contract is intended to be effective , 20 , but in
no event shall this amendment be deemed valid until it shall have been approved by the State
Controller or his designee.
APPROVALS:
State of Colorado:
Governor
Exhibit C, Page lof 2
By: Date:
For the Executive Director
Colorado Department of Public Safety
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date below,
the State of Colorado may not be obligated to pay for goods and/or services provided.
State Controller: David J. McDermott, CPA
By: Date:
Exhibit C, Page 2 of 2
Exhibit D
Colorado Statute Authorizing Contract
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. Written copies of such
Exhibit D - Page 1 of 3
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.
Source: L. 93: Entire article R&RE, p. 710, § 1, effective July 1. L. 95: (4) amended, p. 80, § 1,
effective March 23.
Annotator's note. 17-27-103 is similar to § 17-27-104 (3) as it existed prior to the 1993 repeal and
reenactment of this article, relevant cases construing that provision have been included in the annotations to this
section.
Corrections board has power to reject an offender initially accepted into one of its programs or facilities.
A trial court is powerless to dismiss for lack of evidence the termination of an offender from a community
corrections facility and to return the offender to such facility; the court's only option is to resentence the offender
by adopting an alternative sentence. People v. Akin, 783 P.2d 267 (Colo. 1989).
A person's sentence to community corrections may be revoked before or after acceptance to a program for
any reason or for no reason at all. People v. Holt, 874 P.2d 410 (Cob. App. 1994).
Under subsection (5), a community corrections sentence can be revoked for any reason or for no reason at all.
People v. Rodriguez, 55 P.3d 173 (Colo. App. 2002).
The sentencing court, as the referring agency, may conduct the administrative review process if the
community corrections board or program has not done so. Benz v. People, 5 P.3d 311 (Cob. 2000).
This section and § 17-27-102 entitle any person who is rejected after acceptance in a community
corrections program to an administrative hearing. However, the eight -year prison sentence imposed on a
defendant without a previous administrative hearing would not be overturned where he failed to raise the issue
before the trial court and records in evidence showed sufficient grounds for defendant's termination from
community corrections. People v. Pauley, 42 P.3d 57 (Colo. App. 2001).
Upon termination from community corrections, an offender must be provided with: (1) Written or actual
Exhibit D - Page 2 of 3
notice of rejection from community corrections and the reasons for rejection, and (2) an informal review of the
facts underlying the rejection. People v. Kitsmiller, 74 P.3d 376 (Cob. App. 2002).
Informal review requires the trial court to either: (1) Review on the record the facts underlying the rejection, or
(2) demonstrate a familiarity with those facts through documentation in the record regarding the rejection. People
v. Kitsmiller, 74 P.3d 376 (Cob. App. 2002).
Exhibit D - Page 3 of 3
Exhibit E
Colorado Community Corrections Standards
Colorado
Community
Corrections
Standards
Revised
June 2007
State of Colorado
Department of Public Safety
Division of Criminal Justice
Office of Community Corrections
700 Kipling Street, Suite 1000
Denver, Colorado 80215
(303) 239-4442
http://dcj . state. co. us/occ
Exhibit E — page 1 of 51
TABLE OF CONTENTS
MESSAGE FROM THE DIRECTOR iv
PREFACE v
1-000 ADMINISTRATION 1
1-010 Legal Entity 2
1-020 Mission Statement 2
1-030 Organizational Chart 2
1-040 Fiscal Operations 2
1-050 Independent Fiscal Audit 3
1-060 Insurance 3
1-070 Annual Report 3
2-000 PERSONNEL 4
2-010 Personnel Policies 5
2-020 Job Descriptions 5
2-030 Equal Employment 5
2-040 Background Check 5
2-050 Personnel File 5
2-051 Employee Medical Records 5
2-060 Performance Appraisals 6
2-070 Ethical Relationships 6
2-080 Notification of Criminal Conduct 6
2-090 Drug Free Work Place 6
2-100 Staff Orientation Training 7
2-110 Staff Annual Training 7
2-120 Ancillary and Administrative Training 7
2-130 Training Events 7
2-140 Case Manager Education 7
2-150 Program Administrator Education 8
2-151 Security Staff Education 8
2-152 Staff Age Requirement 8
2-160 Volunteers 8
3-000 MANAGEMENT CONTROLS 9
3-010 Policy and Procedure Manual 10
3-020 Monthly Staff Meetings 10
3-030 Acceptance Criteria 10
3-040 Written Response To Referral Agencies 11
3-050 Screening Criteria re: Discrimination 11
3-060 Program Compliance 11
3-070 Receiving Offenders 11
3-080 Supervision of Sex Offenders 11
3-090 Victim Notification 11
Rev. 6/07
Exhibit E page 2 of 51
3-100 DNA Testing 11
3-110 Family/Community Activities 12
3-120 Disciplinary Hearings 12
3-130 Grievance/Appeals Procedure 12
3-140 On/Off Grounds Count 12
3-150 Referral Agency Reports 12
3-160 Offender Time Credits 13
3-170 Incident Notification 13
3-180 Systematic File Review 13
3-190 Self -Audits of Operations and Programming 13
3-200 Organized Information Collection 14
3-210 Documentation 14
3-220 Non -Residential Level of Supervision 14
3-230 Administrative Review 15
4-000 SECURITY 16
4-010 Offender Advisement 17
4-020 Intake Interview 17
4-030 Health Inventory 17
4-040 Medication 17
4-050 Staff Response To Medical Emergencies 18
4-060 First Aid/CPR Certification 18
4-070 Offender Property 18
4-080 Substance Abuse Testing 18
4-090 Confirming Positive Test Results 19
4-100 Entry Urine Samples 19
4-110 Interim Urine Samples 19
4-120 Exit Urine Samples 20
4-130 BA's and UA's For Alcohol 20
4-140 Record Keeping For Substance Abuse Testing 20
4-150 Isolation/Observation Of Offenders 21
4-160 Random Off -Site Monitoring 21
4-161 Job Search Accountability 21
4-170 Passes 21
4-171 Furloughs 21
4-180 Surveillance Of Offenders 22
4-190 Use of Physical Force 22
4-200 Random Headcounts 22
4-210 Recording Authorized Absences 22
4-220 Contraband 23
4-230 Work Stoppages 23
4-240 Security Staff Staffing Pattern 23
4-250 Transportation of Offenders by Staff 23
4-260 Escape 23
5-000 FACILITIES 25
5-010 Building/Zoning Codes 26
Rev. 6/07
Exhibit E page 3 of 51
5-020 Compliance with Fire Authority 26
5-030 Flame Retardant Mattress and Pillow 26
5-040 Automatic Sprinkler System 26
5-050 Fire Alarm and Detection System 26
5-060 Storage of Hazardous Materials 26
5-070 Conducting Fire Drills 26
5-080 First Aid Manual and Medical Supplies 26
5-090 Minimum Floor Space 27
5-100 Separate Space 27
5-110 Visitation Space 27
5-120 Toilets, Basins, Showers 27
5-130 Health and Sanitation Codes 27
5-140 Access to Nutritional Meals 28
5-150 Property and Safety 28
5-160 Housecleaning Assignments 28
5-170 Offender Bedding 28
6-000 CASE MANAGEMENT 29
6-010 Case Record 30
6-020 Separate Medical Files 30
6-030 Confidentiality of Case Records 30
6-040 Release of Information 30
6-050 Storage of Case Records 31
6-060 Assignment of Case Manager 31
6-070 Weekly Meetings 31
6-080 Chronological or Progress Notes 31
6-090 Assessments 32
6-100 Supervision Plan 32
6-110 Review of Offender Progress 33
6-120 Movement of Offenders 33
6-130 Employment Services 33
6-140 Educational Review 34
6-150 Offender Treatment 34
6-160 Referrals to Qualified Treatment Providers 34
6-170 Termination/Transfer Summary 34
6-180 Offender Budget 34
6-190 Financial Transactions 35
6-191 Limited Power of Attorney 35
6-200 Restitution 35
6-201 Phased Restitution Collection 35
6-202 Child Support Enforcement 36
6-210 Contract Approval 37
6-220 Driving Privileges 37
GLOSSARY 39
APPENDIX 44
Rev. 6/07
iii
Exhibit E page 4 of 51
MESSAGE FROM THE DIRECTOR
Over the past year, the Standards Sub -Committee of the Fifth Governor's Advisory Council has
been working on this revision of the Community Corrections Standards. The members of this
sub -committee have many years of experience in community corrections in Colorado.
Membership included representatives from the Governor's Advisory Council, the Colorado
Community Corrections Board Association, the Community Corrections Coalition, the
Department of Corrections, and the Division of Criminal Justice, Office of Community
Corrections.
The Community Corrections Standards were revised in 2005 when the standards for residential
and non-residential programs were combined. Since implementation of these standards, the
Division has, of course, been auditing against these standards and determined that the
language in some standards could be improved and additional standards were required. The
Standards Sub -Committee was once more convened to discuss the changes and make
recommendations to the Advisory Council. The Advisory Council approved the recommended
changes in June, 2005. The subcommittee reconvened in 2006 to make further edits to the
standards in light of recommendations from the Office of the State Auditor and other policy
changes in the State of Colorado.
Any program seeking exception to a standard must first submit the written request to the local
board for approval. The Division of Criminal Justice will review waiver requests and provide
written approval or denial of the request. Waiver approvals will be granted for a one-year
period unless the Division of Criminal Justice has issued a time limited or event -specific waiver.
Local community corrections boards also have the statutory authority to exceed these standards
if they choose.
On behalf of the Colorado Department of Public Safety, Division of Criminal Justice, I thank
those who have participated in the development of this set of standards and those who will
assist in their implementation. The state of Colorado continues to be a leader in the community
corrections field because of the dedicated people who work at all levels in our criminal justice
system.
Jeanne Smith
Director
Division of Criminal Justice
Colorado Department of Public Safety
Rev. 6/07 iv
Exhibit E page 5 of 51
PREFACE
Community Corrections began in Colorado with the enactment of the first "Community
Corrections Act" in 1974 under the leadership of Senator Ralph Cole.
The strength of Colorado Community Corrections is its emphasis on community control. Most
offenders eventually return to the communities where their families are located. Community
Corrections is a viable alternative to incarceration that makes our communities safer places to
live by providing appropriate supervision to offenders. Offenders who are gradually
reintegrated into Colorado communities in a supervised selling that incorporates appropriate
treatment pose far less risk to the community than those returning without supervision.
The administration of the Community Corrections program was consolidated under the Division
of Criminal Justice in the Colorado Department of Public Safety in 1986. The first Governor's
Community Corrections Advisory Council was formed by Executive Order to assist the Division
in evaluating the program and recommend improvements. One recommendation of the Council
was to develop program standards to define minimum requirements for providers and establish
measures of program accountability.
The first set of standards for residential community corrections programs was issued in 1988,
with standards for non-residential services following in 1991. The standards for residential and
non-residential services were revised and combined in 2002. This 2007 revision clarifies some
standards and adds a few new standards to meet the demands of an expanding and changing
system of community corrections.
The Standards Sub -committee would like to thank the members of the Fifth Governor's
Community Corrections Advisory Council, the Colorado Association of Community Corrections
Boards, the Colorado Community Corrections Coalition, the Colorado Department of
Corrections, Division of Adult Parole and Community Corrections and the Colorado Department
of Public Safety, Division of Criminal Justice, Office of Community Corrections, who assisted in
the development of these standards.
The Standards Sub -Committee of the Governor's Community Corrections Advisory Council:
Mr. Mike Holland, Sub -committee chair, Advisory Council
Ms. Janette Kaufman, Colorado Association of Community Corrections Boards
Ms. Darla Hofmeir, Colorado Association of Community Corrections Boards
Ms. Sharon Detter, Colorado Community Corrections Coalition
Mr. Ken Gaipa, Colorado Community Corrections Coalition
Mr. Mark Olson, Colorado Department of Corrections
Ms. Shannon Carst, Colorado Community Corrections Coalition
The Division of Criminal Justice, Office of Community Corrections
Ms. Mindy Miklos
Ms. Valarie Schamper
Ms. Carolyn Sullivan
Mr. Glenn A. Tapia
Ms. Christine Schmid
Rev. 6/07 v
Exhibit E page 6 of 51
1-000 ADMINISTRATION
The standards in this section address the broad organizational purpose and structure of the
community corrections program. By meeting these standards, the program assists local
communities, local and state government, and other criminal justice agencies to understand its
philosophy, values, legal structure, resource allocation, fiscal policy and controls, and
achievements in serving community corrections clients.
Rev. 6/07 1
Exhibit E page 7 of 51
1-000 ADMINISTRATION
1-010: The public or private agency operating a community corrections program shall be a legal
entity or part of a legal entity. The administrators shall maintain a file at the local
headquarters of the agency that includes current documentation as follows:
a. Public Agencies
1. The executive or legislative order of the unit of local government designating
the agency as a community corrections program.
2. An organizational chart indicating the agency's position within the local
government and a listing of the administrative officer(s) authorized to act as
the legal agent(s) of the agency.
b. Private Agencies
1. Certificate and articles of incorporation
2. List of the Board of Directors
3. Corporate bylaws and names of officers authorized to sign contracts or
authorize expenditures.
4. All documentation pertaining to the standards
1-020: The administrators shall maintain a mission statement that describes the general
purpose, goals, and organizational values guiding the operation of the program. The
mission statement shall be reviewed at least annually and updated as needed.
1-030: The administrators shall maintain a current internal organizational chart at each program
location that accurately lists all positions involved in the community corrections program
and demonstrates the lines of authority and agency structure. The organizational chart
shall be reviewed annually and updated as needed.
1-040: The administrators shall manage the program's fiscal affairs with:
a. An annual budget, prepared at the beginning of the contract period or
organization's fiscal year, that anticipates revenue from individual sources and
outlines projected expenditures by operational categories and line items. The
budget shall be reviewed and updated throughout the year as required by the
governing authority of the program.
b. Written policies and procedures that employ recognized accounting procedures
to control and record the receipt, maintenance and dispersal of funds associated
with operation of the program.
Rev. 6/07 2
Exhibit E page 8 of 51
c. A system to regularly compare the actual revenues and expenditures associated
with the operation of the program and the categories and line items of the annual
budget.
1-050: The administrators shall provide to the DCJ a complete independent financial audit
report(s) covering the agency's fiscal year(s) relevant to the contract period. Offender
funds, if maintained by the program, shall be included in the scope of the independent
financial audit.
Discussion/Definitions: The DCJ may waive the requirement for an annual audit and
accept a financial review by an independent auditor if the DCJ and the local community
corrections board concur, in writing, that the service of the program has been
satisfactory and that a full independent audit has been completed within the past three
years. If the community corrections program is operated as a unit of government or by a
larger corporate entity, a segment audit or review may be required by the DCJ and/or
local community corrections board.
A compilation of internally prepared financial statements will not be considered to be in
compliance with this standard.
1-060: The administrators shall maintain proof of insurance coverage at levels required in state
contracts at the local program or agency headquarters.
1-070: The administrators shall prepare an annual report for the DCJ, the program's governing
authority, the local community corrections board, and referral agencies. The report shall
contain statistical summaries of activities and accomplishments during the year,
delineated and segregated by sub -programs, such as IRT, non-residential and
residential, with reference to the stated mission and goals of each component.
Information shall include, but not be limited to, the number and types of offenders
served, success rates, average length of placement, restitution paid to victims, and a
listing of services provided to offenders.
Discussion/Definitions: Annual reports provide important information to both the
organization itself and to key external groups and individuals. The information
demonstrates program accountability for the community. Individual program statistics
are available for facility administrators from the Division of Criminal Justice, along with
composite statewide statistics.
Rev. 6/07 3
Exhibit E page 9 of 51
2-000 PERSONNEL
The standards in this section emphasize the value of program staff who are involved daily with
monitoring, supervision, treatment, and service delivery essential to effective management of
offenders within Colorado communities. People are the key elements of any organization, and
community corrections programs are expected to place high priority on the support and
management of program personnel. Selection and hiring practices must be fair and thorough.
Once hired, employees must be adequately trained, supported and supervised. Job roles and
responsibilities must be well defined and carefully communicated, and program staff must
clearly understand how to maintain professional relationships with offenders assigned to
community corrections programs.
Rev. 6/07 4
Exhibit E page 10 of 51
2-000 PERSONNEL
2-010: The program shall maintain written personnel policies that are available to all staff and
accessible by employees at their work sites. The policies shall include hiring practices,
promotions, grievance procedures, staff development, performance appraisals, benefits,
disciplinary procedures, terminations, and other requirements more fully described in this
section.
2-020: The program shall maintain written job descriptions and salary ranges for all positions.
The job descriptions shall include job titles, minimum qualifications, responsibilities and
duties.
2-030: The program shall maintain and implement hiring and promotion policies that provide
equal employment opportunities and prohibit discrimination in accordance with state and
federal law.
2-040: After applicants have been offered a conditional position, the program shall assure that a
background investigation is conducted and the results are documented in the applicant's
personnel file. The background investigation shall include a CCIC/NCIC criminal history
and warrants check, verification of compliance with job qualifications, and a review for
prior criminal record through fingerprint identification. The program shall submit a
fingerprint card to the appropriate screening agency within 15 working days of the
applicant's conditional hire. Until such time as a fingerprint record check is returned,
the employee shall not work without direct supervision. The program shall obtain
approval from the local community corrections board, referral agencies and the DCJ
before employing anyone with a history of a felony conviction. The program shall not
hire anyone who is under current jurisdiction for probation, parole, or other conditional
release for a felony or misdemeanor offense (including driving under restraint, and
driving under the influence or while impaired by alcohol or drugs).
2-050: The program shall maintain a confidential personnel file for each employee that is
accessible to the individual employee. The file shall be maintained in a standardized
and indexed format and shall contain records of the background investigations, dates of
employment, training records, performance appraisals, commendations, disciplinary
actions, and related records. Information from the files shall be available to the local
community corrections board and/or state oversight agencies only for the purpose of
verifying compliance with standards or contractual requirements. It shall be the
responsibility of the local community corrections board and oversight agencies to
maintain the confidentiality of the information.
2-051: Employee medical records shall be maintained in a separate individual file. Written
policies and procedures shall govern the confidentiality of these medical records in
accordance with current state and federal law.
Rev. 6/07 5
Exhibit E page 11 of 51
2-060: The program shall conduct employee performance appraisals at least annually. Such
appraisals shall be based upon defined criteria as established by the program. The
results of the evaluation are to be discussed with the employee, the review signed by the
employee and the evaluator, and a copy placed in the employee's personnel file.
2-070: The program shall maintain current personnel policies that define ethical and
professional conduct between staff or agents and offenders under supervision. The
policies shall prohibit:
a. The use of official positions to secure or receive advantages, gifts or
favors.
b. The display of favoritism or preferential treatment for individual offenders
or groups of offenders.
c. Any personal or business relationship with offenders or offenders' family
or associates.
d. The assignment of work duties that result in offenders having supervisory
control over other offenders.
e. The assignment of work duties to offenders that improve the value of the
facility or provide personal benefit to any staff or agent of the program.
Program personnel shall report any attempt to violate these relationship guidelines
immediately to the program director. Any exception to the above must be approved, in
writing, by the program director.
2-080: Program personnel shall not engage in any criminal conduct. If any employee is
investigated by law enforcement, arrested or charged with any criminal offense, the
program shall notify the local community corrections board, referral agencies and the
DCJ immediately by phone. The notification must clarify the work status of the
employee during disposition of pending charges. The program director or administrators
shall submit a written report to the board and state agencies within 72 hours of the
telephone notification.
Discussion/Definitions: A sample form for documenting this information may be
obtained from the DCJ web site.
2-090: The program shall have a written policy that provides for an alcohol/drug-free workplace.
At a minimum, the policy shall address the following areas:
a. Prohibition of the use of illegal drugs.
b. Prohibition of the possession of illegal drugs.
c. Procedures used to ensure compliance with the alcohol/drug-free workplace
policy.
d. Availability of treatment and/or counseling for substance abuse.
e. Penalties for violations of the policy.
f. Specific circumstances under which substance testing of employees may be
conducted in the following areas: pre -employment, random drug testing, and
testing based on reasonable suspicion.
Rev. 6/07 6
Exhibit E page 12 of 51
2-100: All full-time and part-time program and security staff shall receive twenty hours of formal
orientation training, including review of program policies and procedures relevant to the
performance of their duties, before receiving an unsupervised work assignment.
Provision of this orientation shall be documented in training or personnel files.
2-110: All full-time program and security staff shall receive a minimum of forty hours of job -
related training annually. In the first year of employment, twenty hours may be the
formal orientation training addressed in standard 2-100. Part-time program and security
staff shall receive a prorated amount of training equivalent to that provided to full-time
staff.
2-120: Ancillary and administrative staff shall receive a minimum of twenty hours of job -related
training annually. During their first year of employment, this training shall include a
documented review of the program policies and procedures relevant to the performance
of their job and a general orientation to the program. Part-time ancillary and
administrative staff shall receive a prorated amount of training equivalent to that
provided to full-time staff.
Discussion/Definitions: The general orientation to the program, although not as
comprehensive as that required for program and security staff in standard 2-100, should
include an overview of the various services provided to offenders by the program, an
informal tour, and other features which will give the ancillary and administrative staff a
general understanding of how the program operates.
2-130: Training events shall be documented in personnel or training files with topic, date,
duration, trainer, participants, evaluation methods or results, and shall include the
employee's and the supervisor's signature. Training events must be:
a. Sanctioned by the agency
b. Based on pre -determined training objectives or goals
c. Related to the job
d. Scheduled in advance of the event
e. Delivered by a qualified trainer
Discussion/Definitions: Examples of acceptable trainings include first aid/CPR
courses, training videos or workshops by qualified instructors, and "on the job" training
with specific objectives that meet the qualifications detailed in the standard. Activities
such as performance evaluations, supervision or staff meetings without pre -determined
training objectives, or informal tours, do not qualify as training.
2-140: Program case managers shall have a baccalaureate degree in social or behavioral
sciences, criminal justice, or related fields. Related education or experience may be
substituted on a year for year basis.
Rev. 6/07 7
Exhibit E page 13 of 51
2-150: The program administrator shall have, at a minimum, a baccalaureate degree in social or
behavioral sciences, criminal justice, business or public administration, or related fields;
or four years of related administrative or management experience.
2-151: All security staff shall have, at a minimum, a GED or High School Diploma.
2-152: Any staff member who has contact with offenders must be at least 18 years old.
2-160: All volunteers shall be subject to all standards related to their assigned duties.
Rev. 6/07 8
Exhibit E page 14 of 51
3-000 MANAGEMENT CONTROLS
The standards in this section describe the activities and approaches that program directors are
expected to use to monitor and direct the daily operation of the program. Management controls
guide the activities within the program, assuring that the program achieves its objectives and
demonstrates the level of quality expected by the community and criminal justice agencies, as
well as its own administration. Controls are implemented by measuring and analyzing the
following:
System inputs, such as funding and offender referrals and placements;
System processes, such as offender monitoring and treatment;
System outputs, such as restitution payments to victims, and;
System outcomes, such as positive completion rates.
Measurements are developed through data collection, and documentation of activities so that
managers are aware of critical inputs and processes that may be affecting outputs and
outcomes.
Rev. 6/07 9
Exhibit E page 15 of 51
3-000 MANAGEMENT CONTROLS
3-010: The program shall maintain a current policy and procedure manual, readily accessible by
all staff, that describes the purpose, philosophy, programs and services, and operating
procedures of the program. The manual shall address all requirements, programs, or
services delineated by these standards. The program shall operate in accordance with
this manual and all staff shall be familiar with its contents. The manual shall be reviewed
at least annually by the governing authority or program administrator, and updated when
necessary. The program shall outline a system to ensure that changes in program
policies and procedures are reviewed, prior to their implementation, with any state
agency or local community corrections board that will be affected by the change.
Discussion/Definitions: Policies articulate the organization's position and direction on
operational issues and must be current. Procedures define and describe the activities
and methods to implement the policies. Procedures should be developed on all
operational functions, including, but not limited to, intake, orientation, evaluation,
assessment, sign in/out, case processing plans, facility searches, U/A's, terminations,
escapes, etc. Changes to the program's policy and procedure manual must be made
available to applicable staff and state oversight agencies. Both local and state oversight
agencies must be provided with current copies of the policy and procedure manual, if
requested.
3-020: The program shall have a written policy requiring monthly staff meetings that include
security and program staff. Documentation of the meetings shall include dates, times,
issues discussed and staff attendance.
Discussion/Definitions: Staff meetings are essential to program cohesiveness.
Security staff, program staff, and the program administrators need to have regular
opportunities to communicate about issues regarding offenders in the program (e.g.
criminal history, attitude, program adjustment, responses to sanctions, and other issues
related to offender management and risk reduction). Staff meetings are also an
opportunity to review policies and procedures to ensure consistency and compliance by
all staff, as well as possible improvements.
3-030: The program shall establish written screening criteria or guidelines for the acceptance or
rejection of offenders referred by state criminal justice agencies and the transfer of
offenders between residential and non-residential supervision. Copies of the criteria or
guidelines shall be provided to the local community corrections board, the Department of
Corrections, the Division of Criminal Justice, the Chief Probation Officer for each Judicial
District referring offenders, and the Chair of the State Parole Board. Subsequent
changes to those criteria or guidelines shall be provided, in writing, to all agencies
affected by the change within thirty days of such issuance.
Discussion/Definitions: The criteria or guidelines provide referral agencies with
information regarding offenders acceptable for placement. The criteria also more clearly
define a program's target population, providing opportunities to specialize programming
Rev. 6/07 10
Exhibit E page 16 of 51
to supervise and serve that population. The criteria or guidelines governing acceptance
should include, but not be limited to: types of information to be gathered and reviewed
on applicants prior to admission; specific criteria for acceptance; and procedures to be
followed when accepting or not accepting referrals.
3-040: The program shall provide a written response to the referring agency within two weeks of
the receipt of the referral indicating acceptance, rejection, or need for additional
information, based on criteria established in standard 3-030.
3-050: The program shall have screening criteria that prohibit discrimination on the basis of
ethnicity, primary language, color, religion, creed, disability, sexual preference or
national origin.
3-060: The program shall comply with special conditions as required by the referring agency or
community corrections board.
3-070: The program shall receive an offender only if:
a. The local community corrections board has approved the placement or the
offender meets board eligibility requirements; and
b. A court order has been issued specifying the offender's sentence to community
corrections; or
c. An Executive Assignment Order (EAO) has been issued from the Department of
Corrections; or
d. A copy of the Parole Agreement/Order (PAO) or modification specifying the
placement in community corrections has been issued.
3-080: Any program supervising sex offenders and domestic violence offenders must comply
with the requirements of the Colorado Revised Statutes, as amended, on sex offender
management and domestic violence offender management.
3-090: Any program supervising offenders serving a sentence for any of the offenses listed
within the Victim Rights Act must conform to the requirements of the Colorado Revised
Statutes, as amended, on victim notification requirements.
3-100: The program shall comply with the DNA testing requirements as specified by Colorado
Revised Statutes, as amended.
Rev. 6/07 11
Exhibit E page 17 of 51
3-110: The program shall have written policies and procedures that provide increasing
opportunities and privileges for offender involvement with family and community
activities prior to final release.
3-120: The program shall have written policies and procedures to specify timely arrangements
and appropriate procedures for offender disciplinary hearings and decisions.
Disciplinary hearings for rule violations by Transition offenders and Parolees shall be
conducted in a manner approved by the Department of Corrections. Disciplinary
hearings for court -referred offenders shall be conducted in a manner approved by the
community corrections board and local probation office. These procedures shall be
provided to the offender in writing in accordance with time frames established in
standard 4-010.
3-130: The program shall have written policies and procedures for the handling of offender
grievances or complaints, including an appeal procedure. This policy must state that
each offender in the program has the right to file a grievance and include the following
areas:
The various levels of appeal;
Time guidelines and policy for response to the grievance shall be provided to
offenders in writing;
The grievance shall be transmitted without alteration, interference, or delay to the
party responsible for receiving and investigating grievances;
The person reporting the grievance should not be subject to any adverse action
as a result of filing the report.
Records of all grievances or complaints, and the final disposition, shall be maintained in
offender case records as well as a centralized administrative file.
3-140: The program shall be responsible for reporting the Daily Offender On and Off -grounds
Count to the Division of Community Corrections in the Department of Corrections each
day according to procedures established by the Department of Corrections and the DCJ.
Discussion/Definitions: The Department of Corrections forwards these daily count
sheets to the DCJ for further review. All populations reported on the count sheet are
reviewed and should be accurately reported.
3-150: The program shall have written policies and procedures to define and specify
procedures for dissemination of routine documentation, such as: supervision plans,
supervision plan modifications, termination summaries, and quarterly and monthly
reports, as requested by referring or oversight agencies.
Rev. 6/07 12
Exhibit E page 18 of 51
3-160: The program shall have written policies and procedures to define the calculation of time
credit or sentence reduction for offenders in accordance with procedures outlined by the
Department of Corrections for Transition offenders, or as specified in Colorado Revised
Statutes, as amended, for Direct Sentence offenders. A current copy of this calculation
shall be maintained in the offender's individual case file.
Discussion/Definitions: Procedures and forms to meet this standard have been
distributed to programs and are available upon request from the DCJ or at the DCJ
website. Forms and procedures are subject to revision and must be used and followed.
3-170: The types of incidents regarding offenders that require written notification to referral and
oversight agencies shall include, but are not limited to:
a. Medical emergencies requiring hospitalization
b. Arrest
c. Illegal weapon possession
d. Media involvement
e. Death
f. Violent acts per 16-11-309, C.R.S.
g. Escapes
h. Use of force
The format and deadlines for each notification may vary depending upon the referral or
oversight agency, and should be included in program policy and procedure.
3-180: All active individual offender case records shall be audited within the first 45 days of
admission. At a minimum, the records shall be audited to assure all documentation
required by standards is present: admission documents, assessments, supervision
plans and revisions, chronological notes, etc., and in the appropriate order prescribed by
agency policy and procedures. A similar audit of the file shall be completed within 30
days of termination. Review shall be documented in each case record.
3-190: The program shall have written policies and procedures that provide for a well -
documented system of regular internal auditing and self -monitoring of operations and
programming. The following functions shall have a documented review or audit by
program staff at least once every calendar quarter:
a. Drug and alcohol testing systems
b. Medication monitoring
c. Sign-in/out records (residential only)
d. Off -site monitoring records
e. Contraband inspections
f. Offender service delivery reports (including attendance logs, progress notes,
treatment curriculum, etc.)
Rev. 6/07 13
Exhibit E page 19 of 51
g. Headcounts
h. Monthly service standards for non-residential offenders
Quarterly testing of fire prevention alarm systems
j. Quarterly emergency evacuation drills
Audit documentation for each of these functions shall be maintained by the program.
The audit documentation shall include recommendations by staff auditor(s) for
enhancements and/or modifications to existing program policies, procedures, and
practices based on internal audit outcomes to ensure compliance with standards.
Discussion/Definitions: Internal audits may discover errors of commission as well as
omission and serve a quality control function for the program operations.
3-200: The program shall have access to and use an organized system of information
collection, retrieval and review. All records, printed or electronic, shall be available upon
request, for review by referral and oversight agencies. The Information Technology
System (ITS) shall have a backup system to ensure data retention and availability in
accordance with contract requirements.
Discussion/Definitions: It is recommended that the program establish an ITS for
collecting statistical data, and review this data for future planning purposes. An
organized system of data collection will provide the program with information to
determine the type of offender best served by the program and the trends in its referral
and intake system. Program staff should participate in identification of information
needs, and guidelines should be established concerning the security of all information on
offenders.
3-210: The program shall have policies and procedures to require that all program
documentation be legible, accurate and systematically filed. Program documentation
shall be signed and dated by all parties involved, i.e., intake paperwork, supervision
plans, plan revisions, progress reports, etc. The signature can be original or
documented via electronic means (electronic signature and/or biometric verification).
Electronic signatures and biometric verification methods must be secure and auditable.
3-220: Each non-residential offender shall be assigned to one of the following levels of
supervision based on the offender's risk of re -offending, need for services (as
determined by the standardized offender assessment process), and adjustment to
supervision:
1. Intensive
2. Regular
3. Minimum
4. Administrative
Monthly service standards for the levels shall be:
Rev. 6/07 14
Exhibit E page 20 of 51
Frequencyof Services each Month by Level
Service
LEVEL
1
2
3
4
Case Management Meetings
4
3
2
1
Phone Contacts
3
2
1
1
Employment Verifications
2
2
1
1
Home Visits
1
1
*
Drug Testing
2
2
1
*
Breathalyzer Testing
2
1
1
1
(NOTE: Any service frequency listed as "*" above shall be conducted at least once each
quarter.)
3-230: The procedures that result in transfers from a lower to a higher level of supervision shall
provide for an administrative review for the offenders affected by the transfers pursuant
to Colorado Revised Statutes.
Rev. 6/07 15
Exhibit E page 21 of 51
4-000 SECURITY
The standards in this section address the security of the community, staff and offenders in
community corrections programs. Public safety is a primary concern and agencies must have
well -structured environments and security programs designed to reduce risk and liability and
increase public acceptance and support for the programs.
These standards define the minimum procedures that program staff are expected to use to
monitor offenders in the program and during periods of authorized release in the community.
Key security issues addressed by these standards include escapes, offender sign -outs and
furloughs. Special attention is also given to testing for drug and alcohol abuse, a significant
contributing factor to criminal behavior and unsuccessful outcome in community corrections
programs.
Rev. 6/07 16
Exhibit E page 22 of 51
4-000 SECURITY
4-010: Within 12 hours of admission each offender shall be advised in writing of the following:
a. Program rules and regulations
b. Disciplinary actions
c. Grievance procedures
d. Program orientation
e. Facility emergency equipment and exits
f. Location of community legal services
g. Services provided by the program
h. Personal responsibility for medical and dental services/expenses
Location of emergency medical and other health care services
The staff and the offender shall sign and record the date and time of the notification, and
a copy shall be maintained in the offender's case record.
4-020: An intake interview shall be completed with each incoming offender within 12 hours of
admission. Each offender shall be interviewed to record, at a minimum, the following
basic information:
a. Name
b. Address
c. Date of Birth
d. Gender
e. Race/Ethnicity
f. Social Security number
g. Contact person in case of emergency
h. Person authorized to claim property if not claimed by the offender (residential
only)
Photograph of the offender
j. Entry date and time
The staff and the offender shall sign and record the date and time of the notification. A
copy shall be maintained in the offender's case record.
4-030: Within 12 hours of admission a health inventory of the offender shall be conducted. The
inventory shall, at a minimum, include the following items: special dietary needs, current
medications, current medical needs/concerns, dental problems and other health
problems, as reported by the offender. The inventory shall be documented by date, time
and signature of the offender and the staff conducting the interview and shall be
maintained in the offender's case record.
4-040: All prescribed medications for offenders shall be secured and their use shall be
monitored to ensure compliance with instructions of the prescribing medical authority.
Records shall be kept to document this monitoring of prescribed medications to
Rev. 6/07 17
Exhibit E page 23 of 51
offenders and these records and medications shall be audited at least twice each month.
Policies and procedures shall govern the disposal of unused medications. Policies and
procedures shall address the circumstances under which the offender may take non -
controlled, prescribed medication off grounds.
4-050: The program shall have written policies and procedures that direct staff response to
offender medical emergencies.
4-060: The program shall have at least one staff member on duty at all times who is trained in
emergency first aid and CPR.
4-070: The residential program shall have policies and procedures for a system to inventory
and secure incoming offender property within 12 hours of admission. Procedures shall
specify which items are allowable for offender possession or storage at the facility. A
copy of the inventory, signed and dated by both staff member and offender, shall be
provided to the offender at intake. Policies and procedures shall also address the
maintenance of the inventory after admission, and shall dictate proper disposal of
property upon the offender's departure if not claimed by the offender.
4-080: The program shall have written policies and procedures that govern the substance
abuse testing of all offenders and shall address, at a minimum, the following areas:
a. The time lapse between offender notification of testing and the collection of
samples for urinalysis shall be no more than 2 hours.
b. Chain of custody and testing of samples shall be designed to meet acceptable
evidentiary standards. Documentation shall include the date and time of tests,
substances tested, staff and offender identification.
c. Urinalysis samples shall be stored in a manner that is approved in writing by the
outside testing laboratory.
d. Programs utilizing in-house substance abuse testing equipment, to include
breath testing equipment, shall operate in accordance with the manufacturer's
guidelines, including collection, storage and testing and shall maintain
certification documentation within the personnel files of all operators.
e. Programs utilizing drug screening kits shall ensure that the kits meet Food and
Drug Administration standards and are used in strict compliance with the
manufacturer's instructions.
f. Programs shall conduct urinalysis and other testing for alcohol and controlled
substances using basic safety precautions.
g. Programs shall visually monitor urinalysis collection using staff of the same
gender as the person being tested.
h. Programs utilizing outside testing shall maintain documentation of the
laboratory's license or certification.
Offenders shall not be charged an additional fee for substance abuse testing
except as noted in 4-090, or without written approval of the DCJ.
Rev. 6/07 18
Exhibit E page 24 of 51
Discussion/Definitions: Due to the serious consequences for offenders with positive
urinalysis results, precautions must be taken to ensure the proper collection, supervision,
handling, storage, transportation, and testing of urine samples.
Sensible sanitary practices should be followed. No smoking, eating or drinking shall be
allowed at the testing site. Rubber gloves should be used by all staff during the handling
of samples. No food or medications should be stored in the immediate vicinity where
urine samples or test chemicals are stored.
4-090: All positive test results that the program intends to use to transfer an offender to a higher
level of custody shall be confirmed by gas chromatography/mass spectrometry (GC/MS)
at an outside laboratory, except when an offender admits to use.
The program shall not pass along the costs of confirmatory tests to the offender if the
initial test result proves to have been a false positive, unless it can be shown that the
false positive was likely caused by use of an adulterant, masking agent, or other
attempted manipulation of the test result by the offender.
4-100: A urine sample shall be taken within 12 hours of the offender's admission into the
program. This initial sample shall be tested for the following controlled substances:
a. Cocaine metabolite
b. THC
c. Amphetamines
d. Opiates
e. Barbiturates
All entry urine samples shall be tested, using any private clinical laboratory, or by using
in-house substance abuse testing equipment. Drug screening kits may not be used for
this purpose. An entrance urinalysis test is not required if an offender transfers from
residential to non-residential when both programs are operated by the same community
corrections agency.
Discussion/Definitions: Timely initial substance testing can provide the program with
valuable information concerning the offender's substance use and condition at time of
admission. The information can be used to direct future substance testing as well as
programming.
4-110: Interim urinalysis testing shall be conducted randomly on each offender. For offenders
in a residential program these interim tests shall be conducted at least twice during each
full calendar month. For offenders under non-residential supervision the interim testing
shall be conducted in accordance with standard 3-220. Each interim sample shall be
tested for at least two of the following controlled substances:
a. Cocaine metabolite
b. THC
Rev. 6/07 19
Exhibit E page 25 of 51
c. Amphetamines
d. Opiates
e. Barbiturates
Offenders shall be tested for their drug of choice at least once a month. Gaps between
urine tests shall not exceed 30 days.
Discussion/Definitions: Alcohol is not considered a controlled substance and is not
tested under this standard. The above testing rates represent minimum testing
requirements. More frequent testing may be indicated for some offenders based on
case assessment or requests by referring agencies.
The offender's drug of choice should be determined by reference to the Pre -Sentence
Investigation Report (PSIR), the Inmate Assessment and Treatment Form (IATF) or the
Standardized Offender Assessment -Revised (SOA-R).
4-120: A urine sample shall be taken within 12 hours prior to the offender's successful
discharge or transfer from the residential program. At a minimum, this sample shall be
tested for the following controlled substances:
a. Cocaine metabolite
b. THC
c. Amphetamines
d. Opiates
e. Barbiturates
Documentation of this exit urine test shall be maintained in the offender's case record.
All exit urine samples shall be tested, using any private clinical laboratory, or by using in-
house substance abuse testing equipment. Drug screening kits may not be used for this
purpose.
4-130: A breath test or urinalysis test for alcohol shall be conducted on each offender within 12
hours of admission and positive termination.
A random breath test or urinalysis test for alcohol shall be conducted on each offender in
a residential program at a rate of no less than one (1) per seven (7) day period. Gaps
between testing may not exceed seven days. See standard 3-220 for acceptable non-
residential interim testing requirements. An entrance alcohol test is not required if an
offender transfers from residential to non-residential when both programs are operated
by the same community corrections agency.
4-140: The program shall maintain record keeping systems for substance abuse testing that
provide (1) information in individual case records sufficient for case management
functions, and (2) aggregate substance abuse testing results within the facility records
for broader management functions.
Rev. 6/07 20
Exhibit E page 26 of 51
Discussion/Definitions: Case managers and treatment staff must have easy access to
testing information to determine if supervision plans are being followed or need to be
revised. Aggregate drug testing information enable program managers to monitor
testing levels and ensure that minimum testing levels are met. Aggregate data also
identifies trends that may indicate needed changes in treatment/programming or in
testing patterns.
4-150: The program shall have written policies and procedures that direct the isolation and
observation of offenders who are intoxicated or under the influence of controlled
substance(s).
4-160: The program shall have written policies and procedures that provide for the random
monitoring of each residential offender's off -site location. The offenders off -site location
shall be randomly verified through personal contact or phone contact, initiated by
program staff. Offenders shall be randomly monitored at least once in each calendar
week, exclusive of job search monitoring. The offender's off -site location shall be
monitored with at least two (2) work and two (2) pass verifications each month.
Documentation shall include the time of the monitoring, date, offender location, signature
of the staff, and results of the verification. For offenders under non-residential
supervision, the frequency of location monitoring shall be conducted in accordance with
standard 3-220.
Discussion/Definitions: A known supervisor or treatment provider may verify an
offender's location.
4-161: The program shall have written policies and procedures that provide for a system of
offender accountability, including a practice for verifiable monitoring, while offenders are
on job search status.
4-170: The program shall have written policies and procedures that govern the issuance of all
passes that include review and approval by the referring agency, if required. Offender's
off -site location must be monitored in accordance with standard 4-160.
Discussion/Definitions: Due to the potential need of such documentation during legal
proceedings, proper documentation relating to time and place must be maintained.
4-171: The program shall have written policies and procedures that govern the issuance of all
furloughs that include review and approval by the referring agency, if required, for initial
furlough privileges or whenever the absence exceeds18 hours. While on furlough, the
offender's location will be verified during each 12 -hour period of absence via staff -
initiated contact with the offender. Documentation of location verification shall include
offender name, method of verification, date, time, location, and staff signature.
Rev. 6/07 21
Exhibit E page 27 of 51
Discussion/Definitions: Due to the potential need of such documentation during legal
proceedings, proper documentation relating to time and place must be maintained. As
with regular monitoring, furlough verifications are meant to establish accountability.
4-180: The program shall have written policies and procedures that outline procedures and
conditions by which monitoring of the offender is conducted on and off grounds. Specific
procedures shall address areas related to pursuit, confrontation, use of force, and law
enforcement assistance, pursuant to current state statute and standard rules of
evidence. Policies and procedures shall establish the limits for staff monitoring activities
and requirements for contacting law enforcement agencies.
4-190: The program shall have written policies and procedures restricting the use of physical
force by staff. If physical force is used by program staff, the incident shall be fully
documented.
Discussion/Definitions: Staff of community corrections programs are not usually
peace officers or staff of a secure correctional facility. Use of or possession of deadly
weapons is prohibited. Use of force shall be limited to force that would reasonably be
used by citizens to protect persons, property, premises, or to assist law enforcement
officers (Refer to 18-1-704 through 707, C.R.S.). If physical force is used, the situation
must be thoroughly documented with names, dates, circumstances, and justifications.
4-200: There shall be at least 4 random headcounts conducted during each 8 -hour period at
residential programs, during which each offender's physical presence or itinerary will be
observed. A record shall be made of the time and date of such counts and signed by the
staff member conducting the count. The status of offenders off facility grounds at the
time of the count shall be included in headcount documentation.
4-210: A log shall be kept for each residential offender for the purpose of recording all
authorized absences from the facility. Documentation within each entry shall be legible
and include, at a minimum, offender name, date, time of departure, destination by street
address, authorized purpose, expected return time, actual return time, and offender
signature. Staff and offender signatures prior to the offender's departure and following
arrival will verify all entries. Authorizations for location changes shall be clearly and
consistently documented and shall adhere to all the documentation elements with the
exception of offender signature. Signatures can be original or documented via electronic
means (electronic signature and/or biometric verification). Electronic and biometric
verification methods must be secure and auditable.
Discussion/Definitions: Sign -out logs are essential accountability documents.
Because these documents are frequently used in disciplinary proceedings, accurate
information is critical. Destination information should include a specific location and
indicate the type of sign -out (e.g. pass, work, furlough). To ensure validity, all entries
must be legible and clearly reflect the offender's location within the community.
Rev. 6/07 22
Exhibit E page 28 of 51
4-220: The program shall have written policies and procedures that define contraband and have
a detailed procedure for its detection, confiscation, storage, disposal, and
documentation. Disciplinary actions that could result from the possession of contraband
shall be defined and made available to the offender. Procedures shall include guidelines
for contraband searches that include "pat" searches, room searches, vehicle searches,
personal property searches and limited visitor searches.
4-230: The program shall have written policies and procedures that govern program response
to work stoppages, natural disasters, or other disruptions of normal work routines. For
programs with single coverage shifts, policies shall require that "on -call" staff be able to
respond to the facility within 30 minutes.
Discussion/Definitions: Pre -determined back-up procedures are imperative,
particularly when the program schedules single coverage shifts. It is advisable to have
administrative or supervisory staff on -call or at the facility at all times.
4-240: Residential programs shall provide an acceptable staffing pattern that concentrates
security staff during the program's peak hours. The overall ratio of security staff to the
program's current residential population shall be a minimum of one full-time (or full-time
equivalent) security staff member per twelve residential offenders. At a minimum,
programs with a residential population of 40 or more shall be covered by at least two
security staff members during peak hours.
Security staff shall be on -site and trained in security policies and procedures. Non -
security staff used to provide backup to security staff shall be trained in applicable
security policies and procedures and their primary responsibility shall be security duties
during this coverage period.
4-250: The program shall have written policies and procedures that govern the transportation of
offenders by program staff. The policy shall prohibit transportation of offenders in
personal vehicles unless the program provides insurance for such transportation.
Discussion/Definitions: The uninsured transport of offenders raises serious liability
issues. Unless the insurance policy(s) includes "non -owner" coverage, such transport
should not occur. Other safety and liability issues that should be considered include
staff, offender and public safety. Staff that lack proper credentials or have unacceptable
driving histories should not be permitted to transport offenders.
4-260: The program shall have written policies and procedures that specify the conditions under
which an offender is placed on escape status. Program policy shall conform to the
requirements of the referring agencies and the Colorado Revised Statutes, as amended.
Procedures to be followed after an escape shall be clearly outlined by the program.
Rev. 6/07 23
Exhibit E page 29 of 51
At a minimum, and within two hours after offender's unauthorized absence is discovered,
prompt notification shall include:
a. Appropriate referral agency and the community corrections board (if required)
b. Law enforcement agencies
c. Victim where requested notification has been made
d. Any third parties known to be at risk
Discussion/Definitions: Currently the Department of Corrections has established
policies for reporting escapes of offenders under its jurisdiction. The Fugitive Reporting
System, as revised, is used for offenders under the jurisdiction of the courts. (See
Standard 6-191)
Rev. 6/07 24
Exhibit E page 30 of 51
5-000 FACILITIES
The standards in this section address the quality and safety of the living and working
environment for program staff and offenders. Facilities must be in compliance with applicable
zoning, building, fire, and health codes. In addition, facilities must meet space requirements,
providing adequate living space for resident offenders, as well as providing sufficient space for
staff and for offender services.
Rev. 6/07 25
Exhibit E page 31 of 51
5-000 FACILITIES
5-010: The program shall remain in compliance with all applicable building codes and zoning
requirements. Proof of compliance shall be kept on file at each program location.
5-020: The program shall comply with the regulations of the fire authority having jurisdiction.
Compliance shall be verified by an annual inspection by the local fire department that
provides suppression services. In the event the local authority having jurisdiction does
not provide fire code inspection services, the program shall obtain an annual fire safety
inspection from a Colorado certified fire safety inspector. Proof of compliance shall be
kept on file at each program location.
Discussion/Definitions: Many areas of the state are protected by volunteer fire
departments that may not have qualified fire inspectors. In areas of the state where
there are not certified inspectors, the Colorado Department of Public Safety, Division of
Fire Safety can conduct fire safety inspections at the request of the local authority having
jurisdiction on a fee for service basis. The Division of Fire Safety also maintains a fisting
of Colorado certified fire safety inspectors.
5-030: The residential program shall provide flame-retardant mattresses and pillows in good
condition, with labels that indicate the fire safety performance requirements.
5-040: The residential program shall maintain an automatic sprinkler system, where required by
the local building code.
5-050: The residential program shall have a fire protection alarm system and an automatic
smoke detection system that is approved by the authority having jurisdiction. All system
elements shall be tested on a quarterly basis; adequacy and operation of the systems
are to be approved by a state fire official or other qualified authority annually. Written
documentation shall be maintained at the facility.
5-060: The program shall store all flammable liquids and hazardous materials (paint, cleaners,
adhesives, etc.) in their original containers and away from kitchen and dining areas,
furnaces, heaters, sleeping and high traffic areas.
5-070: All program locations shall conduct random emergency evacuation fire drills at least
once quarterly. Documentation of these drills shall be maintained at each program
location. Documentation shall include the following: time, date, staff initials, number of
participants, response time and comments.
5-080: Program staff shall have immediate access to a first aid manual and appropriate medical
supplies.
Rev. 6/07 26
Exhibit E page 32 of 51
Discussion/Definitions: For a list of appropriate medical supplies, refer to the American
Red Cross or American Medical Association.
5-090: A minimum of 50 square feet of floor space shall be provided per offender in sleeping
areas of the residential program, of which no more than 4 square feet shall be closet or
wardrobe space.
5-100: The program shall provide separate space for each of the following:
a. Private individual counseling
b. Group meetings
c. Monitored visitation (residential only)
d. Dining (residential only)
e. Food preparation (residential only)
Discussion/Definition: Multi -purpose areas shall only be used for one of the events
listed above, at any given time.
5-110: The residential program shall provide space for visits by family members, attorneys,
criminal justice officials and other appropriate visitors and maintain policies and
procedures to monitor and control such visits.
5-120: The residential program shall maintain, at a minimum:
a. One operable toilet for every 10 offenders, or combination of toilet and urinals for
every 10 offenders.
b. One operable wash basin for every 6 offenders (hot water not to exceed 130
degrees).
C. One operable shower or bath for every 8 offenders (hot water not to exceed 130
degrees).
d. One operable washer and dryer for every 12 offenders, or access to commercial
laundry machines within 2 miles of the residential program.
Discussion/Definitions: The hot water supply shall be sufficient to meet the
reasonable needs of each residential offender on a daily basis.
5-130: The program shall comply with all health and sanitation codes of the jurisdiction having
authority. Written reports of inspections by state and local authorities shall be
maintained at each program location. In the event there are no local city and/or county
codes applicable, state codes will prevail. In the event that no local or state codes are
applicable, appropriate national codes shall be applied.
Rev. 6/07 27
Exhibit E page 33 of 51
5-140: Residential offenders shall have access to meals meeting nutritional requirements
established as U.S. Required Daily Averages. Food shall be stored, prepared and
served in compliance with all state and local codes, laws and regulations. Any food
service that includes extensive preparation by offenders, subcontracts with restaurants,
or service by outside vendors must be approved by the local community corrections
board. Meals:
a. Shall be approved and reviewed annually by a registered dietician.
b. Shall be specially prepared if required for documented medical reasons.
c. A weekly menu for all meals shall be posted.
5-150: The program and surrounding property shall be kept in safe repair and in clean and
sanitary condition at all times. Written policies and procedures shall define regular
housekeeping and maintenance routines, with daily documented inspections.
Discussion/Definitions: Compliance with health and sanitation codes is vital to the
safety and well being of the offenders.
5-160: Resident offenders may be assigned house cleaning chores and duties following written
policies and procedures that provide for the fair and equal distribution of such
assignments. (Also reference standard 2-070)
Discussion/Definitions: The distribution of daily offender chores requires impartiality
and consistency by staff. This includes the monitoring and supervision of all offender
chores. Clear written guidelines should exist concerning the distribution of additional
chores as a result of disciplinary action.
5-170: The program shall have written policies and procedures that provide for regular
inspections to ensure that each offender's bedding is clean.
Rev. 6/07 28
Exhibit E page 34 of 51
6-000 CASE MANAGEMENT
The standards in this section address offender assessment, development and revision of case
supervision/treatment plans, and the tracking and recording of offender progress while in
community corrections programs. These standards are intended to prioritize services to
offenders, concentrating on those problems most related to criminal behavior, and making the
most efficient and effective use of limited resources to increase public safety.
Rev. 6/07 29
Exhibit E page 35 of 51
6-000 CASE MANAGEMENT
6-010: A separate case record shall be maintained for each offender in the program. Each
individual case record shall include, at a minimum, the following information that is
uniformly filed and kept current:
a. Commitment documents from referring agencies, including background
information
b. Proof of eligibility or acceptance by the local community corrections board
c. Intake and admission information forms (see standards 4-010 and 4-020)
d. Individual case assessment and supervision plans, documentation, and reviews
e. Release of information and other consent forms
f. Chronological entries and progress reports documenting developments of the
case, including compliance with special conditions
g. Documentation of treatment attendance and progress
h. Financial information including: employment, earnings, taxes paid, court ordered
payments and collections
Copies of incident reports, disciplinary actions, disciplinary appeals, and
grievances
j. Copies of correspondence, referral forms, or other documents related to the case
k. Termination forms, summaries, and notices
Case record map
6-020: Offender medical records developed by licensed health care professionals while the
offender is in the program shall be maintained in a separate individual file. Written
policies and procedures shall govern the confidentiality of these medical records in
accordance with current state and federal law.
6-030: The program shall have written policies and procedures that govern the confidentiality of
case records and shall address, at a minimum, offender access to records, staff access,
and release of information to third parties. Offender records shall be maintained in
accordance with federal and state laws.
6-040: The program shall have written policies and procedures that govern the release of
information to third parties including authorized representatives of criminal justice or
oversight agencies. The program's "Release of Information Form" shall address
circumstances under which releases are permitted and restrictions on the type of
information to be released. Staff and agents of the program shall have clear instructions
on the release of information to third parties.
The structure and identification of information to be placed on the form includes, but is
not limited to:
a. Name of person, agency or organization requesting information
b. Name of person, agency or organization releasing information
Rev. 6/07 30
Exhibit E page 36 of 51
c. The specific information to be disclosed
d. The purpose or need for the information
e. Expiration date
f. Date consent form is signed
g. Signature of the offender
h. Signature of individual witnessing offender's signature
Copies of the consent form shall be maintained in the offender's file.
Discussion/Definitions: It is extremely important that the confidentiality of records be
respected and maintained at all times. Program policies must specify what information
will be available to the offender, particularly when his/her mental and social adjustment
might be affected; when a co-defendant is involved; when informants' names are
recorded, or when victim information is included.
6-050: The program shall have written policies and procedures that provide for secure storage
of all case records, logs, and records in accordance with contract requirements.
Records must subsequently be disposed of in a manner ensuring complete
confidentiality.
6-060: The program shall have written policies and procedures for assigning each offender to a
case manager within one working day after the offender's admission to the program.
Discussion/Definitions: Program staff must be accessible to offenders for advice,
counseling and supervision. Every effort shall be made to match case managers and
offenders based on risk, need and responsivity. Caseloads shall be set at a level
reasonable enough to ensure compliance with all standards and referral agency
requirements. Consideration of lower caseloads should be given to case managers
supervising specialized offender populations such as: sex offenders, seriously mentally
ill offenders and female offenders.
6-070: Case managers shall meet individually at least once each week with each residential
offender on their caseload. Gaps between meetings shall not exceed 10 calendar days.
For offenders under non-residential supervision, case management meetings shall be
conducted in accordance with standard 3-220. The purpose of the meeting is to discuss
progress towards objectives identified in the offender's supervision plan and address
problems that may be impinging on the offender's reintegration within the community.
Sessions shall be documented in the chronological notes in the offender's file.
Discussion/Definitions: Case management meetings should be scheduled in advance
to allow both parties to prepare and identify topics for discussion. Adequate time should
be allowed to fully discuss case progress and problems.
6-080: Chronological or progress notes shall be entered into an offender's case record each
time there is a scheduled meeting, an event or information potentially affecting the
direction or progress of the case, and any interagency communication regarding the
Rev. 6/07 31
Exhibit E page 37 of 51
particular case and shall adequately document the content of the event. All entries shall
be legible, accurate, systematically filed in the offender's case record and signed and
dated by the staff member making the entry. The signature can be original or
documented via electronic means (electronic signature and/or biometric verification).
Electronic signatures and biometric verification methods must be secure and auditable.
Discussion/Definitions: A consistent coding system and format should be used to
identify the type of event being recorded (individual, collateral, staffing, etc.). Because
such documentation is often used for disciplinary hearings or other important case
decisions, legibility and accuracy are critical.
6-090: The program shall have written policies and procedures for systematically assessing all
incoming offenders for their individual criminal risks, criminogenic needs, and
responsivity to various intervention strategies. The assessments shall be completed and
documented in the offender case record within 10 working days of the offender's
admission. Programs may use assessments that were completed within six months
prior to placement. Assessments shall include:
a. The Level of Supervision Inventory (LSI)
b. Simple Screening Instrument - Revised (SSI-R)
c. Adult Substance Use Survey — Revised (ASUS-R)
d. Service/Treatment Recommendation Worksheet (TxRW)
If the program elects to screen for mental illness, the screening process shall include the
Colorado Criminal Justice Mental Health Screen for Offenders — Adult (CCJMHS-A)
Discussion/Definitions: The Level of Supervision Inventory (LSI) should be re -scored
every six months and when significant events occur in the offenders placement (e.g. new
drug use, transfer to non-residential placement).
The assessment of offender criminal risk, criminogenic need, and individual responsivity
should include (1) a careful consideration of referral information and offender behavior in
the program, and (2) a systematic application of assessment instruments that have
established validity and reliability. This assessment process serves as the basis for
subsequent case analysis and supervision plan development.
State criminal justice agencies and treatment agencies have implemented a system-
wide substance abuse screening and assessment process (16-11.5-101, et.seq., C.R.S,
as amended). This mandated assessment process supplements these standards.
6-100: Case managers shall formulate a personalized supervision plan for each offender that
specifies supervision approaches. The case manager and the offender shall plan the
interventions targeted to address particular criminogenic needs and referral agency
treatment requests. Supervision plans shall include measurable criteria of expected
positive behavior and accomplishments and a time schedule for achievement. Both
residential and non residential original supervision plans shall be completed, signed, and
dated by both the case manager and the offender within 15 working days of the
Rev. 6/07 32
Exhibit E page 38 of5l
offender's program entry date. A summary of the individualized assessment and/or
supervision plan shall be provided to the referral or oversight agency upon request.
The supervision plan must be tied to the Standardized Offender Assessment - Revised
(SOA-R) and to evaluation outcome. The recommended type of supervision plan is a
problem -oriented format that separately identifies each of:
a. The offender's key behavioral problems
b. Short-range behavioral objectives that address the above problem
c. Specific steps the offender needs to take in the immediate future to accomplish
the established objectives
d. The specific steps the case manager will take to assist and/or hold the offender
accountable for accomplishment of identified objectives
Discussion/Definitions: Care should be taken to avoid over -loading any offender with
too many objectives to accomplish at any one point; two to four behavioral objectives is
a range most offenders are likely to manage during a given period. The achievement of
objectives should be reinforced soon after the desired behavior occurs. Positive
reinforcement accelerates behavior changes and should be meaningful to the offender.
6-110: Case managers shall perform a documented review of offender progress to include
supervision plans at least once each month and revise the plan if indicated by case
developments. This review shall note progress, problems, or need for revisions to the
supervision plan. Any modifications to the supervision plan or expectations of the
offender shall be personally reviewed with the offender and a written record of the
modifications shall be made in the case record, signed, and dated by the offender and
case manager.
Discussion/Definitions: Offenders in community corrections programs have
adjustments to make, and modifications to supervision plans must be reviewed in a staff
meeting or by an individual staff member. It is essential that the program records reflect
this progress, or lack of it, in the individual case record. Items of special concern in this
review include, at a minimum, the reviews of the rater box items on the Level of
Supervision Inventory (LSI), the short-range objectives specified in the offender's
supervision plan and any special conditions required by the referring agency or local
community corrections board (if not integrated into the supervision plan). This review
provides some assurances that offenders are not overlooked in the treatment and
reintegration process. Level 3 and level 4 non-residential offenders' progress and
supervision plans may be done quarterly.
6-120: The program shall establish written policies and procedures governing the movement of
offenders through various levels of supervision. Areas such as time frames and
completion of program expectations will be addressed in these policies and procedures.
6-130: The program shall develop a specific plan for offender employment services. The plan
shall include preparation for job search readiness including: aptitude testing, job
Rev. 6/07 33
Exhibit E page 39 of 51
referrals, public transportation, and facility phone access during business hours.
Community employment resources shall be described in detail.
Discussion/Definitions: Programs shall develop specific strategies for minimizing
common obstacles to employment for offenders. Issues that should be addressed
include: inadequate transportation and phone access, insufficient support during the job
search process, and lack of familiarity with local employment resources.
6-140: The program shall review each offender's educational status to determine if attendance
in Adult Basic Education (ABE) or General Equivalency Degree (GED) program is
indicated. Information regarding ABE and GED services shall be made available to
appropriate offenders including information on costs, locations, and enrollment
procedures.
6-150: The program shall develop a written plan to address offender treatment, to include
procedures for assessment, referral, treatment and monitoring. Treatment resources
shall be described in detail and be supported by written curricula. The plan shall be
revised or updated as needed.
Discussion/Definitions: Programs are required to maintain listings of other treatment
resources and refer offenders to the most appropriate service based on assessment
conclusions.
6-160: The program shall make appropriate referrals to qualified treatment providers to meet
the needs of the offenders accepted for placement. Participation and progress in
treatment shall be regularly monitored by the program to include monthly verification of
attendance. Offenders shall be advised upon intake, or upon a decision to refer, of the
reasons for the referral, their responsibilities for payment and participation in treatment.
Discussion/Definitions: Programs should establish a regular system of monitoring
offenders' participation in treatment including periodic on -site visits, telephone contact,
written reports or other monitoring techniques.
6-170: At termination, a discharge summary shall be prepared that reviews the offender's
performance in the program. If the offender is to transfer to a non-residential program,
probation, or parole, the summary shall also include recommendations to assist with
continuity and transition of supervision. The discharge summary shall be signed and
dated by the case manager upon completion and a copy shall be maintained in the
offender's case record. Upon termination of the offender, a discharge summary shall be
submitted to the referring agency within five working days, if required.
Discussion/Definitions: At a minimum, this report summarizes in narrative form
activities that occurred during the program, unusual occurrences, treatment during
supervision that affected the outcome of supervision, and the staffs assessment of the
reasons for the successful or unsuccessful outcome.
Rev. 6/07 34
Exhibit E page 40 of 51
6-180: The program shall assist each offender in developing a budget (financial management
plan) that corresponds with the offender's pay period. It should prioritize the offender's
financial obligations and assist the offender in addressing those obligations. The written
budget shall be signed and dated by the offender and case manager and maintained in
the case record.
Discussion/Definitions: Offenders are to be encouraged to develop both short and
long-term budgets to prepare for reintegration into the community and meet financial
obligations imposed by the criminal justice system. Such budgets are not required for
unemployed offenders.
6-190: The program shall have policies and procedures that describe documentation to be
maintained for individual recording of financial transactions related to placement in the
program (such as earnings, subsistence fees, restitution, fines, treatment fees and
savings). Receipts for financial transactions shall be provided to the offenders. Monthly
statements, signed and dated by the offender and staff, shall be provided to each
offender with the status of offender funds (if maintained by the program) as well as the
status of bills or debts to the program. A final financial statement shall be provided to
both the offender and the referral agency, if required, upon termination. A copy shall be
maintained in the offender's case record.
6-191: A Limited Power of Attorney form, signed and dated by the offender and staff, shall
govern the distribution of offender funds, if maintained by the program, in the event of
escape in accordance with statute.
6-200: The program shall have an established process to monitor the payment of restitution in
accordance with the requirements of the local jurisdiction.
Rev. 6/07 35
Exhibit E page 41 of 51
6-201: The program shall establish policies and procedures that set realistic expectations to
allow offenders to comply with their court ordered and other statutorily allowable fees.
Programs shall document justification for exceptions to this requirement in the client's
monthly financial report.
Intake Phase — Upon intake to the residential program, offenders without employment or
any external source of income would not be expected to contribute to court
ordered fees/fines/costs or interest (restitution) until they have obtained and
maintained employment of at least 32 hours per week for 2 months.
All financial resources are to be spent on essential expenses. No restitution or
savings payments are required in this phase. If at any time during this phase the
offender becomes financially stabilized, they will move to the next phase.
Prioritized Essential expenses:
Court ordered child support
Subsistence (rent)
Treatment (group or individual treatment fees, polygraphs)
Medical expenses (doctor appointments, medication)
Transportation (bus tokens or passes, bicycle maintenance)
Employment expenses (equipment and clothing)
Stability Phase — During this second phase, the offender has become financially stable
enough to take on the added listed obligations while in the residential program.
The remainder of the offender's income after the "Essential Expenses" have
been paid will be divided among the listed obligations by approximately the listed
percentages:
Additional Obligations
Restitution — 40% (restitution and court costs)
Savings — 40% (for savings for independent living)
Personal expenses — 20% (leisure, family, clothing)
Re -Entry Phase — During this phase the offender has moved to a non-residential phase
of community corrections. The remainder of the offender's income after the
"Essential Expenses" have been paid, will be divided among the listed obligations
by approximately the listed percentages:
Additional Non Residential Obligations:
Restitution — 60%
Savings — 40%
6-202: The program shall have written policies and procedures that allow for the identification of
offenders who have court -ordered child support obligations. At a minimum, the policies and
procedures will address the provision of information to offenders at the initial case management
meeting regarding the process to modify court ordered child support. The program will be
compliant with the procedures established by the DCJ and the Division of Human Services —
Child Support Enforcement regarding the provision of offender information and employment
status.
Rev. 6/07 36
Exhibit E page 42 of 51
6-210: Offenders shall obtain both program approval and, if required, referral agency approval
before entering into any contract.
6-220: The program shall have written policies and procedures that define when offenders
under supervision will be permitted to drive and use privately owned vehicles. The
policy shall include, at a minimum, the requirement of a current and valid driver's license,
proof of insurance, Department of Motor Vehicle record, and referral agency approval, if
required. Copies of all documentation shall be maintained in the offender's case record.
Discussion/Definitions: Allowing offenders to drive raises potential liability issues.
Before offenders are authorized to drive, risk to the offender and community must be
assessed. An example of high risk is a license revocation within the past 3 years. Other
considerations may include the relationship of the offender's driving history to his/her
offense (past or present). Due to the importance of current and valid documentation,
programs should implement some sort of "tickler" system that alerts staff, ahead of time,
of upcoming expiration dates.
Rev. 6/07 37
Exhibit E page 43 of 51
Glossary
Administrative staff - Those employees who do not have direct contact with offenders as part
of their regular job duties.
Agent - Anyone working on behalf of the program.
Ancillary staff - All program staff, regular or temporary, not included under administration,
program or security.
Aptitude testing - Testing of one's ability to learn or to establish employment suitability.
Audit (financial) - The purpose of an audit is to provide a reasonable basis for expressing an
independent opinion on the financial statements of the agency by performing procedures such
as assessing control risk, testing accounting records, and obtaining corroborating evidence
through inspection, observation and confirmation.
Biometric identification - Automated techniques for identifying individuals by using
physiological or physical characteristics, including iris, retina, hand geometry, finger, face,
handwriting and voice recognition techniques.
Breath test - Test administered to determine if alcohol has been consumed.
Case record map - Index of document locations within a case record.
CCIC - Colorado Crime Information Center.
Chores - General housekeeping duties.
Chronological notes - A recording of offender progress while in community corrections.
Community Corrections - A community -based program that provides residential and/or non-
residential accommodations and supervision for felony offenders, and provides programs and
services to aid in the reintegration of the offender into the community.
Community Corrections Board - A governing authority that has the authority to enter into
contracts, establish programs, accept or reject offenders for placement and establish and
enforce standards.
Conditional employment - An offer of employment that is contingent on the results of a
background investigation.
Contraband - Forbidden items as established by the program policies.
Controlled substances - Substances identified as illegal by state law.
Criminogenic - Producing or leading to criminal behavior.
Rev. 6/07 38
Exhibit E page 44 of 51
Criminogenic needs - Those individual problems or conditions that lead to criminal behavior.
CRS - Colorado Revised Statutes.
DCJ - Colorado Division of Criminal Justice, Department of Public Safety.
Direct sentence - Also known as diversion or direct placement, it is the sentencing of a felony
offender to community corrections by the courts.
Direct supervision - A new employee must be supervised by another employee of the program
who has a completed background investigation (including the receipt of the fingerprint card
results) and formal orientation training.
DOC - Colorado Department of Corrections.
Drug of choice - The drug that the offender has used frequently and predominantly in the past;
some offenders will have more than one.
Drug screening kit - A portable drug screening device.
Employment verification - A staff initiated contact with an offender's employer or verification
through documents such as pay stubs, pay checks, etc.
Financial Review - The objective of a financial review is to obtain a reasonable basis for
expressing independent limited assurance that the financial statements are in conformation with
generally accepted accounting principles (GAAP) or another accepted basis of accounting.
Though less comprehensive than an audit, a review is more comprehensive than a compilation
of financial statements and relies heavily on inquiry and analytical procedures.
Full time equivalent - Any combination of employees whose working hours equal a minimum of
32 hours per week.
Full time security staff - A security staff employee who works at least 32 hours per week.
Furlough - Any authorized absence from the residential program for over 18 hours but not
exceeding 48 hours.
Generally Accepted Accounting Procedures - (GAAP) - A set of accounting standards, rules,
and procedures for reporting earnings and losses in financial statements that was created by
the Financial Accounting Standards Board and other standard -setting bodies and professional
organizations.
Governing Authority - The legal entity that operates the community corrections program, i.e.
the corporate board of directors or governmental unit authorized to act as the legal agent of the
agency.
Grievance - A statement expressing a complaint against a real or imagined wrong, or a
circumstance believed to be unjust and grounds for complaint.
Rev. 6/07 39
Exhibit E page 45 of 51
Health inventory - Self reported medical history.
Home visit - A visit by a staff member to the offender's residence and having personal
interaction with the offender.
In -House - Inside the facility.
In -House Substance Abuse Testing Equipment - Urinalysis testing equipment that is
maintained and operated by the program.
Individual Responsivity - The likelihood that an intervention targeted to address a
criminogenic need will have the desired effect of eliminating criminal behavior.
Job Search Status — Any time period when an offender is looking for a job.
LSI - Level of Supervision Inventory. The LSI is an assessment tool that measures the risk and
needs of an offender.
Monitoring - The verification of the offender's current location by the recording of time, date,
place, person(s) contacted, signature of staff, and results of the verification.
NCIC - National Crime Information Center.
Non -Residential - Applies to Direct Sentence offenders who have successfully completed
residential placement and are now living independently in the community.
Offender - Anyone under criminal justice supervision.
Offender Funds — the system in which the program collects and distributes all monies received
or earned by the offender during their residential placement.
Operable - In working order and suitable for use.
Oversight agency - The agency responsible for funding allocations, contracts and standards
compliance. (refers to DCJ)
Parolee - A DOC offender released to the community by the Colorado State Parole Board
before his/her sentence has expired.
Pass - Any non -work, non -job search sign out that is 18 hours or less.
Peak hours - Monday through Friday from 4:00 p.m. to midnight, and Saturday, Sunday, and
holidays from 8:00 a.m. to midnight.
Personal contact - A face-to-face contact between the offender and a staff person.
Phone contact - A staff initiated telephone call to the offender.
Prescribed medications - Medication prescribed by a licensed health care professional.
Rev. 6/07 40
Exhibit E page 46 of 51
Probation - Agents of the court responsible for the referring and monitoring of Direct Sentence
offenders to community corrections.
Program - The agency contracting with the local community corrections board to provide
community corrections services.
Program staff - Those employees or agents who are involved in the provision of services to
offenders such as case management, assessment, educational or skills building groups or
treatment.
Prompt - Done without delay.
PSIR - Pre -Sentence Investigation Report.
Qualified treatment providers - Individual or agencies that meet the state standards and
requirements for providing specific types and levels of treatment.
Random - The event is conducted in a method that is not predictable.
Reasonable suspicion testing - Drug testing of employees or offenders based on observed or
reported incidents.
Referral agency - The agency with legal authority to refer offenders for placement.
Reinforcement - To reward a desired response in order to encourage its repetition.
Restitution - Court ordered compensation.
Risk - The assessed probability of continued criminal behavior.
Savings — Earnings set aside to meet financial obligations upon community re -integration.
Screening - The use of specific criteria to evaluate potential community corrections placements.
Security staff - Those employees who are involved in program security, public safety issues,
and offender monitoring.
Segment audit - A segment is generally defined as a component of an enterprise that is
engaged in providing a product or service to a certain group of customers or in a certain
geographic area. A segment audit or review may be required if the community corrections
program is being operated as a part of a unit of government or by a large corporate entity. The
segment audit or review would follow the same guidelines as a financial audit or financial
review, but would focus on the community corrections agency or agencies that are under the
jurisdiction of these standards.
Service delivery - Refers to services provided by treatment professionals or program staff.
Service provider - Refers to qualified treatment provider (see above) or other licensed or
Rev. 6/07 41
Exhibit E page 47 of 51
certified individuals or agencies providing education or skills -based programs.
SOA-R - Standardized Offender Assessment (Revised)
Special condition - Additional or unusual placement requirements.
Staff initiated monitor - The program staff placing a call to the offender's sign out location for
the purpose of verifying the offender's present location.
Subsistence - Established fee the offender is charged by the program in order to reside in the
residential facility
Third parties - Anyone outside the criminal justice system.
Transition - An offender placed in the community corrections program who is under the
jurisdiction of the Colorado Department of Corrections (DOC)
Verification - Establishment or confirmation of the truth.
Working Day - Monday through Friday from 8:00 a.m. to 5:00 p.m., exclusive of holidays.
Rev. 6/07 42
Exhibit E page 48 of 51
Appendix
Administrative Procedures for Program Audits and Appeals
AUDITS
The Colorado Division of Criminal Justice (DCJ) has statutory authority to audit
Community Corrections programs at least once every three years. Boards and
programs are notified two weeks in advance that an audit will be conducted. The audit
team is generally on -site from 3 to 5 days. Audits measure compliance with the
Community Corrections Standards and the statutes governing all aspects of Community
Corrections, including earned time, restitution collection and victim notification. The
DCJ audit team consists of staff members of the Office of Community Corrections
(OCC), local board staff and/or members, Department of Corrections Community
Corrections Agents, and local Probation Officers. This team reviews documentation
(such as policies and procedures, building and fire inspections, personnel files, and
client files), interviews program staff and clients, inspects the physical facility and
observes daily operations during the course of the audit.
Following the audit, a report is prepared and sent to the program for comment prior to
release to the local community corrections board and referral agencies. This report
details all standards reviewed and whether or not the program is in compliance with the
standards or statutes. If the issues are life threatening or create a public safety risk, a
time -limited remedy will be required by DCJ. The program will be required to provide
documentation to DCJ that changes have been made to address the issue. The DCJ
may conduct an on -site inspection.
In the event the audit team discovers possible criminal activity, such as falsification of
records or tampering with urinalysis testing results, the auditor will notify the Manager of
the Office of Community Corrections and a decision will be made whether to notify the
local District Attorney to initiate an investigation. This investigation may or may not
result in criminal prosecution.
FOLLOW-UP AUDITS
A follow-up audit will be conducted within a 6 to12 month period following the initial
audit. In the event of serious public safety issues, a follow-up may be conducted
within 1 to 3 months. Follow-up audits are more limited in scope that the initial audit
and the documentation is tested to ensure corrective actions have been taken on all of
the recommendations or findings. The DCJ does not notify the agency prior to a follow-
up audit. The follow-up is generally conducted by two DCJ audit team members and is
usually limited to two days on -site. The files reviewed are chosen from the time period
following corrective action of initial audit findings by the program. Again, the report is
prepared and sent to the program for review prior to release to the Community
Corrections Board.
Rev. 6/07 43
Exhibit E page 49 of 51
AUDIT APPEALS
In the event the program is unable to resolve issues related to audit findings with the
DCJ Community Corrections Auditor, the program will direct the initial appeal to the
community corrections board within 10 days of the final audit report. The board will
provide DCJ with a copy of the appeal so that the auditor may provide information to
express DCJ's position on the disputed finding(s). The local board will issue a written
decision to the program following the next board meeting. The board will forward a
copy of that response to the DCJ auditor. If the board supports the program, and the
DCJ auditor does not agree, the board's response and the appeal from the program will
be forwarded to the Director of the DCJ.
In the event that the board does not support the program's appeal, the program still has
the option to appeal to the Director of the DCJ. The written appeal must provide
documentation outlining the basis for the appeal and back-up documentation to support
the argument. This documentation may include Board input. The Director of DCJ will
review the documentation and may choose to meet with the appealing program and
board. A letter of support or denial of appeal will be provided within 15 days.
If the program is still in disagreement with the finding, the program may appeal, in
writing, to the Executive Director of the Colorado Department of Public Safety (CDPS).
The CDPS Executive Director, or an appointed designee, will respond in writing to the
appeal within 30 days. The decision of the Executive Director is final. The program
does have the option of civil litigation.
SPECIAL LIMITED -SCOPE AUDITS
The DCJ may choose to audit any program in any area of its operation. The decision to
conduct a limited -scope audit may be based on a number of factors, such as (but not
limited to):
a. Evidence that the program is not operating within the standards or statutes
b. Billings are incorrect
c. Contact by the community corrections board, the public, or staff of a
program expressing concern about the operation of the program
d. Paperwork submitted by the program is consistently incorrect
e. No paperwork is submitted by the program
Any one of these issues may trigger a limited -scope audit. During these audits, DCJ
follows the same basic procedures as with any audit, but no notification is made prior to
the audit. Offender files, financial records or other paperwork may be reviewed and
staff and offenders may be interviewed. A limited -scope audit may result in a full audit if
there is evidence of a significant problem.
Rev. 6/07 44
Exhibit E page 50 of 51
WAIVERS
The state recognizes that individual communities may need to define requirements of
programs due to unique local circumstances or facility characteristics. Local community
boards may exercise that authority under 17-27-103 and 104 C.R.S., as amended, to
impose standards or program requirements in addition to the state standards.
Programs do not need to request a waiver of a standard if the board has imposed
standards that are more stringent than those imposed through the Colorado Community
Corrections Standards. A program may seek waivers from the state for compliance
with individual standards by following the process outlined below:
a. Formulate a written request that identifies the specific standard for which a
waiver is sought and the justification for the waiver.
b. Submit the request first to the local community corrections board.
c. If the local board endorses the request, submit the request with the written
board endorsement to the Colorado Department of Public Safety, Division
of Criminal Justice. The Division of Criminal Justice will provide written
approval or denial of the request and may time limit any waiver request.
Beginning July 1, 2002, a waiver will only apply for a one-year period unless otherwise
specified by DCJ. If the program cannot make adjustments to comply with the
standards, the waiver must be requested in each subsequent year. The DCJ may
choose to approve or deny waivers. If a waiver is denied, the program will be given a
specific amount of time (based on the extent of changes needed) to make adjustments
to ensure compliance.
TECHNICAL ASSISTANCE
The Division of Criminal Justice may be considered as a resource by the community
corrections boards and programs. The Office of Community Corrections staff is
available to provide training to staff on issues related directly to community corrections,
such as standards compliance, time credit statutes, completion of Client Termination
Forms, and the basic Standardized Offender Assessment process. The OCC staff is
familiar with most of the community corrections programs statewide and may be able to
offer suggestions to improve the operation of a program. In addition, the DCJ has a
professional staff with a wide range of knowledge of the criminal justice system,
including victims' issues, sex offender management, domestic violence management,
juvenile offender issues, research, and the availability of many grant programs.
REVISIONS OR AMENDMENTS TO STANDARDS
If events or statutory changes occur that conflict with the approved Standards, the
Division of Criminal Justice may issue revisions or amendments to the Standards to
ensure that programs are in compliance with the law. Any revisions or amendments will
be issued in writing.
Rev. 6/07 45
Exhibit E page 51 of 51
Exhibit F
Sample Month -End Expenditure Form
Sample Month -End Expenditure Form
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Contract
Modifications
Month:
Diversion
Year: Residential
Beginning Balance:
Program Name and Monthly Expenditure
Exhibit F — page 1 of 1
Exhibit G
Sample Quarterly Administrative Expenditure Form
COLORADO DIVISION OF CRIMINAL JUSTICE
DCJ FORM I -A: 4% ADMINISTRATION FUNDS FINAL FINANCIAL EXPENSE REPORT
PREPARED BY:
TITLE:
DATE:
PHONE:
4% Administrative Allocation - Balance Forward from Previous Year:
4% Administrative Allocation - Amount Received this Quarter:
4% Administrative Allocation - Amount Received to Date:
4% Administrative Allocation - Total Expenditures to Date:
JUDICIAL
DISTRICT:
FISCAL YEAR:
TYPE OF REPORT:
1st Quaky cki& o
❑ and Qtat Q0Lt0F4
❑ 3d Qraie 1 H )
❑ 9h Qraler (Mrin}
S
S
EXPENDITURES
CATEGORY
A
July
through
September
B
October
through
December
C
January
through
March
D
April
through
June
E
Total
To Date
(A+B+C+D)
Personnel
$
-
$ -
$ -
$ -
$
-
Supplies & Operating
$
-
$ -
$ -
$ -
$
-
Travel
S
-
$ -
$ -
$ -
$
-
Equipment
$
-
$ -
S -
$ -
S
-
Indirect Costs
$
-
S -
$ -
$ -
S
-
Consultants &
Professional Services
$
-
$ -
S -
$ -
$ -
TOTALS
S
-
$ -
S -
S -
$ -
REQUIRED SIGNATURE: I certify that, to the best of my knowledge and belief, this report is correct and complete, and that all expenditures
are for the purpose set forth in the contract documents.
Person completing the form
Signature/Title
Date
SUBMIT SIGNED FORM, WITH ORIGINAL SIGNATURE, TO DCJ NO LATER THAN 30 DAYS AFTER THE END OF EACH
QUARTER. ALL SUPPORTING DOCUMENTATION MUST BE SUBMITTED WITH THE FINANCIAL EXPENSE REPORT.
Exhibit G — page 1 of 1
Exhibit H
Colorado Community Corrections Risk Factor Analysis, 2009
(to be added as published)
cd
Bill Ritter, Jr.
GOVERNOR
Peter A. Weir
EXECUTIVE DIRECTOR
Colorado State
Patrol
Colorado Bureau
of Investigation
Division of
Criminal Justice
Office of Preparedness,
Security, and Fire Safety
d
DCJ
DS
COLORADO
DEPARTMENT
OF PUBLIC SAFETY
ALLOCATION LETTER DCC 10-19
FY 2009-2010
June 15, 2009
Dear Contractor:
Division of Criminal Justice
Jeanne M. Smith, Director
700 Kipling St.
Suite 1000
Denver, CO 80215-5865
(303) 239-4442
FAX (303) 239-4491
Pursuant to the contract between the Colorado Department of Public Safety, Division of
Criminal Justice (DCJ) and Board of County Commissioners of Weld County, on behalf
of the Community Corrections Board in conformity with Contract # TEMP 10-19, DCJ
hereby notifies you of the following funding allocations for Fiscal Year 2009-2010.
Pursuant to the said Contract, for the period July 1, 2009 through June 30, 2010, payment
will be made as earned, in whole or in part, from available State funds encumbered in an
amount not to exceed the total sum of $2,021,263.71, to be allocated as follows:
$1,143,333.30 for Residential Diversion services for community corrections
offenders, payable at a daily community rate of $37.74 per
offender; and,
$674,979.90 for Residential Transition services for community corrections
offenders, payable at a daily community corrections rate of
$37.74 per offender; and,
$125,209.60 for Non -Residential Diversion services for offenders placed as
a condition of parole, payable at a daily community corrections
rate of $5.12 per offender; and,
$77,740.91 for Community Corrections Board Administration by the
Contractor, and
$0.00 for the services enumerated below, payable at the specified
daily rate per offender:
a) Service:
Daily Rate per Offender $
b) Service:
Daily Rate per Offender $
Home Page. http'.//dcj.state.co.us/
1. Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available.
2. Funds allocated in this Allocation Letter are for services rendered during the current
contract period, and cannot be used to pay for community corrections services
provided in prior or future fiscal years.
3. Any unexpended funds allocated or advanced to the Contractor by the Allocation
Letter shall be reverted to the State no later than September 30, 2010.
4. This allocation is intended to be effective July 1, 2009, but in no event shall this
allocation be deemed valid until it has been approved by the State Controller or his
designee.
APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor
Peter A. Weir
Executive Director, Colorado Department of Public Safety
By:
Date:
ne M. Smith
irector, Division of Criminal Justice
6
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires that the State Controller approve all state contracts. This
contract is not valid until the State Controller, or such assistant as he may he may
delegate, has signed it. The contractor is not authorized to begin performance until the
contract is signed and dated below. If performance begins prior to the date below, the
State of Colorado may not be obligated to pay for goods and/or services provided.
State Controller: David J. McDermott, CPA
By:
Date:
Hello