HomeMy WebLinkAbout20252433.tiffResolution
Approve Adoption of Amended Bylaws for Pre -Trial Services Advisory Board and
Authorize Chair to Sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 14th day of July, 2010, the Board adopted the Bylaws for the Pre -Trial
Services Advisory Board, and
Whereas, the Board has been presented with revisions to said Bylaws, and
Whereas, after review, the Board deems it advisable to approve and adopt said amended
Bylaws, a copy of which are attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the amended Bylaws for the Pre -Trial Services Advisory Board, be, and
hereby are, approved and adopted.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said Bylaws.
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 27th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
05'SS(DE) CA(BEA.)
o9/og/ZS
2025-2433
JS0003
Justice Services Department
901 10th Avenue
P.O. Box 758
Greeley, CO 80632
Phone: (970) 336-7227
AGENDA ITEM
To: Board of County Commissioners
From: Doug Erler, Director`,
Re: Consider New Pretrial Services Advisory Board Bylaws and Authorize Chair to
Sign
Date: August 27, 2025
Following a Pass Around on August 19th, the Board unanimously agreed to allow placement of
this item on a future hearing agenda. Enclosed for your final approval consideration are the
newly drafted Bylaws for the Pretrial Services Advisory Board.
This advisory board, established in accordance with statute, plays an important role in
supporting and guiding our department's Pretrial Services program. Among its core
responsibilities, our Pretrial Services program helps assure that defendants released from
custody pretrial appear for scheduled court hearings and are law-abiding.
The advisory board is composed of key stakeholders from across our local criminal justice
system and operates under the joint authority of the Chief Judge and you all. Please note that
Commissioner James currently serves as your representative on this board.
The original bylaws were adopted in 2010 when the board was first established. Since then,
there has been quite a bit turnover in its membership. As such, we assisted this board to
develop a new set of bylaws to better reflect their composition and structure.
The current Chair, along with -the Chief Judge, have reviewed and support these bylaws. The
County Attorney's Office has also completed its review and supports moving forward.
Thank you!
2025-2433
Z/Z1 JS 0003
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Consider New Pretrial Services Advisory Board Bylaws
DEPARTMENT: Justice Services DATE: August 19, 2025
PERSON REQUESTING: Doug Erler
Brief description of the problem/issue: The Pretrial Services Advisory Board operates in accordance with
C.R.S. 16-4-106, which, in part, outlines provisions to support effective and ongoing delivery of Pretrial Services
to assure the appearance to scheduled hearings and compliance of the law by defendants if released from
custody pretrial. The board is composed of key stakeholders representing our local criminal justice system and
functions under the joint authority of both the Chief Judge and the BOCC. When this board was developed in
2010, bylaws were written to help guide their proceedings. Since then, there has been significant turnover in
board composition. In response, and in collaboration with our department, we have drafted a new set of bylaws
for your initial review and consideration.
What options exist for the Board?
Option 1. Approve the bylaws for placement on a future hearing agenda and authorize the Chair to sign.
Option 2. Work Session.
Consequences & Impacts: Approval of the updated bylaws will enable the board to proceed in a more
organized manner, reflecting its current structure and responsibilities. If not approved, the board would continue
to function under the original bylaws, which were drafted over 15 years ago and no longer fully align with its
present-day roles and composition.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Minimal. The board meets quarterly,
and a light lunch is served to the attendees. These expenses are already included in the department's budget.
Recommendation: Option 1. Over the past 7 -months, the full Pretrial Services Advisory Board has reviewed
and made certain edits to these proposed bylaws. Please note, Commissioner James currently serves as a
member of this board. As reflected by their signatures, both the current Chair of the Pretrial Services Advisory
Board and Chief Judge for the 19th JD, have indicated their approval of the final version of the bylaws.
Additionally, Assistant County Attorney, Adria Schiel has already reviewed and approved the bylaws, as to form.
I respectfully request your approval to move forward as well. Thank you.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Support Recommendation Schedule
Place on BOCC Agenda Work Session
Other/Comments:
Weld County Pretrial Services Advisory Board
Bylaws
Article I: Name and Purpose
Section 1: Name
The name of this body shall be the Pretrial Services Advisory Board (PSAB).
Section 2: Purpose
The purpose of the Pretrial Services Advisory Board (PSAB) is to provide advice, guidance, and
recommendations to relevant authorities and agencies regarding matters of public concern. The
PSAB shall operate in accordance with Colorado Revised Statute 16-4-106(3), which mandates
the creation of the Board. In particular, subsection (3) provides, in part and as relevant to these
Bylaws, [that] to reduce barriers to the pretrial release of persons in custody whose release on
bond with appropriate conditions reasonably assures court appearance and public safety, all
counties and cities and counties are encouraged to develop a Pretrial Services program in
consultation with the Chief Judge of the judicial district in an effort to establish a Pretrial
Services program that may be utilized by the district court of such county or city and county. Any
Pretrial Services program must be established pursuant to a plan formulated by a [Pretrial
Services] community advisory board created for such purpose and appointed by the Chief Judge
of the judicial district.
The plan formulated by such [Pretrial Services] community advisory board must be approved by
the Chief Judge of the judicial district prior to the establishment and utilization of the Pretrial
Services program.
Article II: Membership
Section 1: Composition
The PSAB shall consist of up to eleven (11) members. Members shall be representative of the
diverse community, reflecting various demographics, experiences, and viewpoints. The PSAB
will include individuals from different sectors, to include a Weld County Commissioner, the
Weld County Sheriff, the Weld County District Attorney, the Chief Judge for the 19th Judicial
District, a District Court Judge and County Court Judge for the 19th Judicial District, the Weld
County Chief Public Defender, the Court Executive and Court Clerk for the 19th Judicial District,
the Chief Probation Officer for the 19th Judicial District and a representative of the citizens at
large.
Section 2: Appointment
Members of the PSAB shall be appointed by the Chief Judge for the 19th Judicial District, with
advisory input from the Weld County Board of Commissioners. The Chief Judge shall designate
the District Court and County Court Judges. The Board of County Commissioners, Weld County
Sheriff, Weld County District Attorney, Chief Probation Officer for the 19th Judicial District and
Weld County Chief Public Defender may designate a member to serve in their capacity, with
notice given to PSAB support staff and/or the Chief Judge. The Weld County Board of
Page 1 of 6
Commissioners and Chief Judge shall jointly appoint a representative of the citizens at large. If
designated to the PSAB, the member(s) shall not designate another representative from their
respective area to serve in their capacity on the PSAB.
All members are expected to serve without compensation.
Section 3: Term
The term of each member shall serve at the pleasure of the Chief Judge and in accordance with
these Bylaws. Members may be reappointed for subsequent terms. If a member vacates their
position without sufficient notice, a new member shall be considered for appointment to fill the
vacancy.
Section 4: Removal
A member may be removed by the appointing body for failure to attend meetings, failure to
perform duties, or other violations of these Bylaws, provided the member is given notice and an
opportunity to be heard.
Article III: Officers & PSAB Support Staff
Section 1: Officers
The officers of the PSAB shall include a Chair, Vice -Chair, and Secretary. The officers shall be
elected by the members of the PSAB during the last meeting of each odd -calendar year.
Section 2: Chair
The Chair shall:
• Preside over all meetings of the PSAB.
• Ensure that meetings are conducted in an orderly and efficient manner.
• Act as the primary spokesperson for the PSAB.
• Perform such other duties as the PSAB may assign.
Section 3: Vice -Chair
The Vice -Chair shall:
• Assume the duties of the Chair in their absence or incapacity.
• Assist the Chair in carrying out their duties as necessary.
• Perform such other duties as the PSAB may assign.
Section 4: Secretary
The Secretary shall:
Review the minutes of all meetings of the PSAB, as prepared by PSAB staff.
Ensure that records of meetings, reports, and other official documents are maintained by
the PSAB staff.
Assume the duties of the Chair or Vice Chair in their absence or incapacity.
Perform such other duties as the PSAB may assign.
Page 2 of 6
Section 5: Administrative Support Staff - Weld County Justice Services Department
At the discretion of the Board of County Commissioners, staff of its Department of Justice
Services (i.e., "PSAB staff') shall be assigned to the PSAB to administer and implement PSAB
activities and functions. Decisions regarding employment, evaluation, dismissal, wage
assignment, salary, and other significant actions of PSAB staff shall remain the prerogative of
the Director of the Department of Justice Services and Board of County Commissioners. The
PSAB shall assist PSAB staff as they carry out and perform PSAB work. PSAB staff shall aid
and/or be delegated primary duties as follows:
• Organize PSAB meetings.
• Prepare and maintain the agenda and minutes of all meetings.
• Distribute agenda and minutes of all meetings.
• Assist in the overall administration of the PSAB.
• Additionally assist the PSAB Officers as needed.
Article IV: Meetings
Section 1: Regular Meetings
The PSAB shall meet at least quarterly in every calendar year and on dates set forth by the
PSAB. The date, time, and location of the meetings shall be posted in accordance with Weld
County Government regulations.
Section 2: Special Meetings
Special meetings may be called by the Chair or by a majority of the members, and with sufficient
notice to all members and the public.
Section 3: Quorum
A quorum for the transaction of business shall consist of a majority (6) of the total (11) members
of the PSAB.
Section 4: Voting
Decisions shall be made by a majority vote of those present at the meeting, provided a quorum is
established.
Section 5: Open Meetings
All meetings of the PSAB shall be open to the public, in compliance with the Colorado Open
Meetings Law (C.R.S. 24-6-401,402).
Article V: Duties and Responsibilities
Section 1: Advisory Role
The primary function of the PSAB is to advise and make recommendations to the delivery of
Pretrial Services by the Weld County Department of Justice Services.
Page 3 of 6
Under CRS 16-4-104, 16-4-105 and 16-4-106 and the relevant sections outlined below, which
establish specific provisions for the delivery of Pretrial Services, the PSAB shall advise and
make recommendations to the Pretrial Services program to ensure the integrity and effectiveness
of these services.
(4) Any pretrial services program approved pursuant to this section must meet the following
criteria:
(a) The program must establish a procedure for the screening of persons who are detained due to
an arrest for the alleged commission of a crime so that such information may be provided to the
judge who is setting the bond and conditions of release. The program must provide information
that provides the court with the ability to make an appropriate initial bond decision that is based
upon facts relating to the person's risk of failure to appear for court and risk of danger to the
community.
(b) The program must make all reasonable attempts to provide the court with such information
delineated in this section as is appropriate to each individual person seeking release from
custody.
(c) The program, in conjunction with the community advisory board, must make all reasonable
efforts to implement an empirically developed pretrial risk assessment tool, to be used by the
program, the court, and the parties to the case solely for the purpose of assessing pretrial risk,
and a structured decision -making design based upon the person's charge and the risk assessment
score; and
(d) The program must work with all appropriate agencies and assist with all efforts to comply
with sections 24-4.1-302.5 and 24-4.1-303, C.R.S.
(5) Any pretrial services program may also include different methods and levels of community -
based supervision as a condition of release, and the program must use established methods for
persons who are released prior to trial in order to decrease unnecessary pretrial detention. The
program may include, but is not limited to, any of the criteria as outlined in section 16-4-
105(8) as conditions for pretrial release.
(6) Commencing July 1, 2012, each pretrial services program established pursuant to this section
shallprovide an annual report to the judicial department no later than November 1 of each year,
regardless of whether the program existed prior to May 31, 1991.
Section 2: Attendance
Members are expected to attend all meetings. If a member is unable to attend a meeting, they
must inform PSAB staff in advance.
Section 3: Code of Conduct
All members shall:
• Conduct themselves in a professional and respectful manner.
Page 4 of 6
• Disclose any potential conflicts of interest.
• Act in the best interest of the community, the 19th Judicial District and Weld County as a
whole.
Section 4: Committees
The PSAB may form subcommittees or working groups as needed to address specific issues.
Each subcommittee will report its findings or recommendations to the full PSAB.
Article VI: Financials
Section 1: Funding
The PSAB activities and functions relevant to these Bylaws, shall be funded through the
approval of the Weld County Board of Commissioners through its Department of Justice
Services, and such funds shall be used for the purposes of the PSAB, including but not limited to
general meeting costs, food services, or other operational expenses.
Article VII: Amendments
Section 1: Amendments to the Bylaws
These Bylaws may be amended at any regular or special meetings by a two-thirds vote of the
members, provided that the proposed amendments have been presented in writing to the
members at least one (1) week prior to the meeting. These Bylaws and any amendments shall be
reviewed for approval by the Chief Judge for the 19th Judicial District and the Weld County
Board of County Commissioners.
Article VIII: Miscellaneous Provisions
Section 1: Conflict of Interest
PSAB members shall adhere to real and/or perceived conflicts -of -interest regarding the purpose
and work of the PSAB. Members shall recuse themselves from discussions or votes where a
conflict of interest exists.
Section 2: Indemnification
To the fullest extent permitted by law, the members of the PSAB shall be indemnified against
claims, losses, and liabilities arising from their service on the PSAB, except in cases of willful
misconduct or gross negligence.
Page 5 of 6
MN
These Bylaws are hereby approved as of this date, 27 of kraoLf51" , 2025 and all prior
Bylaws are hereby revoked and rendered void.
Attest: ajavt) adzi;t1 � � '� � Board of County Commissioners
Weld County Clerk to the Board
By:
Deputy Clerk to the I oard
Approved as to Funding:
Chief Financial Officer or Controller
Approved as to Form:
County Attorney
Weld County, Colorado
Perry / C uck, Chair AUG 2 7 2025
Approved as to Substance:
1/4/-1"1
Chief Judge for the 19th Judicial
District
Chair, Pretrial Services Advisory
Board
Director, I-partm-nt of Justice
Services
Page 6of6
zoz5 24 33
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Approved from finance. Thanks
Cheryl Pattelli
Monday, August 25, 2025 1:09 PM
Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell; Adria
Schiel; Will Grumet
Doug Erler; Rusty Williams; Karla Ford
RE: SIGNATURE REVIEW: Adoption of Updated Bylaws for Pre -Trial Services Advisory
Board
From: Houstan Aragon <haragon@weld.gov>
Sent: Monday, August 25, 2025 12:49 PM
To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy
<mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov>; Will Grumet
<wgrumet@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>
Cc: Doug Erler <derler@weld.gov>; Rusty Williams <rwilliams@weld.gov>; Karla Ford <kford@weld.gov>
Subject: SIGNATURE REVIEW: Adoption of Updated Bylaws for Pre -Trial Services Advisory Board
Good afternoon,
Please review and advise as to placement on the Wednesday, August 27, 2025, Agenda. Please
also remember to reply -all to this email.
Please Note: I have requested the mark-up version.
Thank you,
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
012000
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