HomeMy WebLinkAbout20253504 Resolution
Approve Memorandum of Understanding for Adult Treatment Court and DUI Court
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 Memorandum of Understanding for the
Adult Treatment Court and DUI Court between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the
19th Judicial District Combined Courts, 19th Judicial District Probation Department, and
the State of Colorado Judicial Department, commencing January 1 , 2026, and ending
December 31 , 2026, with further terms and conditions being as stated in said
memorandum of understanding, and
Whereas, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding for the Adult Treatment Court and
DUI Court between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the 19th Judicial District Combined
Courts, 19th Judicial District Probation Department, and the State of Colorado Judicial
Department, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said memorandum of understanding.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
2025-3504
F10083
Weld County Adult Treatment Court and DUI Court
Memorandum of Understanding
This Memorandum of Understanding (hereinafter referred to as "MOU") is
between Weld County Board of County Commissioners (hereinafter referred to
the "BOCC"); The State of Colorado, Colorado Judicial Department, by and
through the 19TH Judicial District Weld County Combined Courts (hereinafter
referred to as "Court") and 19TH Judicial District Probation Department
(hereinafter referred to as "Probation"). The BOCC, Court and Probation may be
referred to collectively as "the Parties" or individually as "Party."
Whereas, the Parties wish to cooperate in funding and supporting the
sustainability of the Weld County Adult Treatment Court and DUI Court
(hereinafter referred to as "WCATC") in the 19th Judicial District, Weld County,
Colorado; and
Whereas, the mission of WCATC is to integrate substance abuse treatment,
mental health treatment, intensive supervision and judicial oversight to promote
public safety and individual responsibility, to reduce crime, and to improve the
quality of life for participants and their families. The purpose of the WCATC is to
hold participants accountable and help them develop the skills necessary to
attain long-term sobriety. The WCATC program maintains fidelity to the 10 Key
Components; and
Whereas, the monies provided by the BOCC through this MOU are funded
through Weld County's General Fund; and
Whereas, the goals and objectives of the WCATC program, the services
provided to the participants, and the performance standards and administration
structure of the WCATC are set forth in detail in the participant handbook,
summarized and attached hereto and incorporated herein as Exhibit A; and
Now, Therefore, the Parties do hereby set forth their MOU as follows:
1. Purpose: The purpose of this MOU is to establish an agreement for the
use of the allocated Weld County General Fund monies to pay the costs
of certain treatment services for WCATC participants.
2025-3504
1
12/1-7 F I 005
2. Contract Period: will be from January 1, 2026, through December 31,
2026, unless terminated sooner as set forth herein.
3. Funding: The total amount of the funding to be paid by the BOCC to
providers of treatment services for participants of the WCATC under this
MOU shall not exceed the sum of $50,000. The Court and Probation are
aware of the restrictions and requirements of this MOU as well as the
regulations and applicable State and local law provisions. The Court
and Probation will request expenditures of said funds in accordance
with the same laws and procedures that govern the expenditure of their
own funds. The Court and Probation will maintain sufficient records and
an accounting system and internal control procedures adequate to
permit the tracing of the funds to a level of expenditure which clearly
demonstrates that the funds are used in compliance with the MOU and
regulations of State and local law. The Court and Probation will ensure
that expenditures requested pursuant to this MOU are supported by
properly executed payrolls, time records, invoices, contracts, vouchers,
or other official documentation evidencing in proper detail the nature
and propriety of the charges. The Court and Probation will also ensure
that checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents pertaining in whole or in part to this MOU are
clearly identified and readily accessible. No compensation is allocated
for employee or team member services.
4. Treatment Services: Funding expended by the BOCC pursuant to the
MOU will be used to pay for treatment services for WCATC participants.
Treatment services that will be provided under the guidance of the MOU
will meet the requirements outlined in Exhibit B - Colorado Problem
Solving Courts Best Practices Manual at 1(1)(vi) (3.0).
5. Reporting: The Court and Probation will submit a report to the BOCC on
a quarterly basis detailing the number of WCATC participants served
and treatment provided. Upon disbursement of payments to treatment
service providers, the BOCC will submit proof of payment (scanned
copy of checks) to the Court.
6. No Agency or Employment Relationship: The Parties to this MOU are
cooperating entities. Nothing contained in this MOU shall be construed
to create a legal agency or employment relationship between the
parties. No Party, nor any employee of any Party, shall be deemed to
be an agent or employee of another Party. Each entity will be
responsible for its actions and those of its employees, agents and
subcontractors, if any, during the course of this MOU.
2
7. Insurance: The Parties are "public entities" within the meaning of the
Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., as
amended. The Parties will maintain at all times during the term of this
MOU such liability insurance, by commercial policy or self-insurance, as
is necessary to meet each Party's liabilities under the Act.
8. Termination: Any Party may terminate this MOU upon giving ten-day
written notice to the other Parties.
9. Amendment: This MOU may be amended at any time when agreed to
and executed by all Parties in writing.
10.Governmental Immunity: No portion of this MOU shall be deemed a
waiver, express or implied, of any immunities, rights, benefits, protections,
or other provisions which a Party, or its officers, employees, or agents,
may possess pursuant to the Colorado Governmental Immunity Act §
24-10-101, et seq., C.R.S., as applicable now or hereafter amended.
11 .Confidentiality: The Parties agree to comply with all applicable federal
and state laws and/or regulations regarding the security and
confidentiality of information, including, but not limited to 42 C.F.R. Part
2.
12.Severability: If any section, subsection, paragraph, sentence, clause or
phrase of this MOU is for any reason held or decided to be invalid or
unconstitutional, such a decision shall not affect the validity of the
remaining portions. The Parties hereto declare that they would have
entered into this MOU and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof, irrespective of the
fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
13.No Third-Party Beneficiaries: It is expressly understood and agreed that
nothing contained herein shall give or allow any claim or right of action
by any other or third person not a party to this MOU. It is the express intent
of the parties that any person other than the parties shall be deemed to
be an incidental beneficiary only.
14.No Binding Effect: This MOU sets forth the general intent and goals of the
Parties. The MOU serves as a guiding document for the cooperative
purposes and efforts described in this MOU; however, the MOU is not
intended and shall not be construed to be a legally binding document
or to confer remedies on any Party in the event of a violation under the
MOU or failure of any Party to perform as specified in the MOU.
3
In Witness Whereof, the parties above named have executed this agreement on
the Mk day of December, A.D., 2025.
Attest: Board Of County Commissioners
Weld County Clerk to the Board Weld County, Colorado
BY:
Deputy Clerk to the Board Perry L. Buck, Chair
DEC 1 7 2025
State Of Colorado Judicial Department
19th Judicial District Courts
By: a
By
Honorable Vincente Vigil Marci Hoffman
Presiding Adult Treatment Court Court Executive
and DUI Court Judge 19th Judicial District
19th Judicial District
By— _-.-
Cory Flummerfelt
Chief Probation Officer
19th Judicial District
With appc?val r :
L
By - By: " ,
Steven Vasconcellos Julie Hoskins
Colorado Judicial Department Chief Judge
State Court Administrator 19th Judicial District
4
Z 025—3Sc-l-
Exhibit A
Summary of Weld County Adult Treatment Court and DUI Court
Eligibility Criteria, Participant Handbook and Participant Contract:
https://www.courts.state.co.us/Courts/County/Custom.cfm?County ID=618,Paae
ID=185
Overview of Phase Requirements
DREAM
DRUG SUPPORT Sober PROBATION TREATMENT
PHASE DURATION TESTING GROUPS Group MEETINGS CONTACTS
f �
1 Min 4 weeks Min 8x month Daily Weekly Min lx week Min 4x week
2 Min 12 weeks Min 8x month Daily ; Weekly Min 4x month Min 3x week
i 3
3 Min 6 months Min 8x month Daily Weekly Min 2x month Min lx week
4 Min 12 weeks ( Min 8x month Daily Weekly Min 2x month Min 1 x week
5 Min 12 weeks Min 8x month Daily Weekly Min l x month Min l x week
5
Exhibit B
Treatment and Treatment Providers: Principles and Guidelines as identified by
Colorado Problem Solving Courts
https://www.courts.state.co.us/userfiles/file/Administration/PlanningandAnalysi
s/Problem%20Solving%20Courts/Colorado%2OPSC%20Best%20Practices%20Manu
al%20(Rev%20Feb%202314).pdf
3.0 Treatment and Treatment Providers
3.1 Treatment paid for by state funds will be provided by treatment programs
licensed and qualified by the Colorado Office of Behavioral Health to
provide the specific services being contracted.
3.2 Treatment should be provided to address identified, individualized
criminogenic needs.
3.3 Treatment should include the following:
1. A cognitive-behavioral model, including interventions designed to
address criminal thinking patterns.
2. Techniques to accommodate and address participant stages of change.
Members of the treatment court team should work together to engage
participants and motivate participants. The consistent use of techniques
such as motivational participation. The consistent use of techniques such
as motivational interviewing and motivations enhancement therapy
should be employed to reduce client defensiveness, foster engagement,
and improve retention.
3. Screening, assessment, and referral to appropriate and specific
treatment for trauma.
4. Family treatment to address patterns of family interaction that increase
the risk of re-offending, to develop family understanding of substance use
disorders and recovery, and to create an improved family support.
5. Referral of family members to appropriate community resources to
address other identified service needs.
6. Incorporation of parenting and child custody issues and the needs of
children in the participant's family into the treatment plan. Those issues
and needs should be addressed through the effective use of community
resources.
6
7. Monitoring of abstinence through random, observed urinalysis or other
approved drug testing methodology that occurs with sufficient frequency
to meet current research-based recommendations.
8. Regular clinical/ treatment staff meetings to review treatment goals,
progress, and other clinical issues.
9. Prompt and systematic reporting to the treatment court team of the
participant's behavior; compliance with, and progress in, treatment; the
participant's achievements; the participant's compliance with the
treatment court program requirements; and any other relevant
information.
10. Each treatment court shall establish phases that organizer the
participants progress in treatment and establish measurable goals
whereby the participant and the court can objectively measure progress.
Progressive phases in therapy and recovery, as well as the number and
length of those phases, shall be determined by the local treatment court,
but shall include at minimum:
(a)An Orientation and Engagement Phase to demonstrate initial
willingness of the participant to engage in treatment activities;
become compliant with the conditions of participation in treatment
court; establish an initial therapeutic relationship; and commit to a
plan for active treatment.
(b)Treatment Phase(s) to have the participant: demonstrate continued
efforts towards achieving abstinence; develop an understanding of
substance abuse and offender recovery tools, including relapse
prevention; develop an understanding and ability to employ the tools
of cognitive restructuring of criminal/ risk thinking; develop the use of
a recovery support system; and assume or resume socially accepted
life roles, including education or work and responsible family relations.
(c)Transition/Community Engagement Phase(s) to have the participant:
demonstrate continued abstinence; demonstrate competence in
using recovery and cognitive restructuring skills in progressively more
challenging situations; develop further cognitive skills such as anger
management, negotiation, problem solving and decision making,
financial and time management; connect with other community
treatment or rehabilitative services matched to identified
criminogenic needs; demonstrate continued use of a community
support system; and demonstrate continued effective performance
of socially-accepted life roles.
7
11. The Orientation and Engagement Phase of the Treatment Phases
together should not be completed in less than 90 days and should
provide at least three episodes of planned therapeutic activity per
week. The Orientation and Engagement, Treatment and Transition/
Community Engagement Phases together shall be completed in no less
than 1 2months. Aftercare should be made available to participants for
a minimum of 6 months.
12. Treatment services should be responsive to ethnicity, gender, age,
trauma, and other characteristics of the participant. Individuals that are
not responding to treatment interventions should be reassessed and the
treatment plan adjusted as needed.
13. Medicated Assisted Treatment (methadone, suboxone, Vivitrol,
Naltrexone) should be made available to participants when deemed
appropriate and prescribed by a qualified licensed physician. Such
treatment should be utilized in conjunction with, never in place of, formal
manualized treatment with a licensed provider. Participants who are
engaged with Medication Assisted Treatment should be encouraged to
participate regularly in follow-up care with their medical provider. No
problem-solving court should either require or prohibit participants to
engage in Medication Assisted Treatment as all such decisions, including
the cessation of treatment once begun, are clinical medical decisions
to be made by the participant and his/ her prescribing physician.
14. The treatment provider shall have written guidelines describing how it will
provide any of the treatment activities that are its responsibility, and the
treatment court shall have written guidelines describing how the
remaining treatment activities will be implemented.
8
Hello