HomeMy WebLinkAbout20154034.tiff RESOLUTION
RE: TRANSFER OF OPERATION AND SUPERVISION OF ALTERNATIVE PROGRAMS
(WORK RELEASE AND ELECTRONIC MONITORING) FROM THE WELD COUNTY
SHERIFF TO THE WELD COUNTY JUSTICE SERVICES DEPARTMENT
WHEREAS, the Board of County Commissioners of Weld County, 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, C.R.S §18-1.3-106 (1) (a) declares that any county may provide a program
whereby any person sentenced to the county jail upon conviction for a crime, nonpayment of any
fine or forfeiture, or contempt of court may be granted by the court the privilege of leaving the jail
during necessary and reasonable hours for any of the following purposes:
1. Seeking employment;
2. Working at his or her employment;
3. Conducting his or her own business or other self-employed occupation including
housekeeping and attending to the needs of the family;
4. Attendance at an educational institution;
5. Medical treatment;
6. Home detention; or
7. Day reporting, and
WHEREAS, these programs are called alternative programs, and include work release
and electronic monitoring, and
WHEREAS, these programs are currently supervised and operated by the Weld County
Sheriff at a facility owned by Weld County Government, located at 1390 N. 17th Avenue, Greeley,
CO 80631, and
WHEREAS, all persons sentenced to these programs are authorized and granted the
privilege by either a District or County Court in Colorado of leaving the jail for necessary and
reasonable hours as noted above, except for Day Reporting and residing at this facility or
otherwise approved residence, and
WHEREAS, the Board has been presented with a proposal, which is retained on file,
between the Weld County Sheriff and the Director of the Weld County Justice Services
Department to transfer the supervision and operation of these programs from the Weld County
Sheriff's Office to the Weld County Justice Services Department, and
WHEREAS, the Chief Judge for the 19th Judicial District, serving Weld County, Colorado
concurs with such proposal, and
WHEREAS, the Weld County Sheriff and Weld County Justice Services Department will
ensure that all persons sentenced to the Weld County Jail and authorized the privilege of leaving
the jail for necessary purposes and reasonable hours, are accurately accounted for, with prompt
notification to the court regarding the status of these persons, and
Ce : rS 6)
/ - 020- /(- 2015-4034
JS0005
TRANSFER OF OPERATION AND SUPERVISION OF ALTERNATIVE PROGRAMS (WORK
RELEASE AND ELECTRONIC MONITORING) FROM THE WELD COUNTY SHERIFF TO THE
WELD COUNTY JUSTICE SERVICES DEPARTMENT
PAGE 2
WHEREAS, the Sheriff shall retain the authority to regress any person who is authorized
to participate in the Alternative Programs to the jail for any breach of discipline or other violation
of jail regulations, and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to
undertake this endeavor, and
WHEREAS, the Weld County Sheriff and the Weld County Justice Services Department
have the ability, qualifications, skill, expertise, and experience necessary to provide these
programs.
NOW,THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld
County, that the transfer of supervision and operation of the Alternative Programs (Work Release
and Electronic Monitoring) from the Weld County Sheriff to the Weld County Justice Services
Department, be hereby approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
�,,��,,// WE D COUNTY,/ COL RADO
ATTEST: nJ •JC.�lito;14 .`L A1Q
arbara Kirkmeyer, hair
Weld County Clerk to the Board
'tea—
ik reeman, Pro-Tem
BY:
D •uty Clerk to the Board
:101' . Conway
APP M: 3
Julie . Cozad
oun y Attorney
Steve Moreno
Date of signature: !pLo
2015-4034
JS0005
Justice Services Department
*4)2§_§.20. 915 10th Street,#334- P.O. Box 758
Greeley, CO 80632
��r Phone: (970) 336-7227
Fax: (970) 392-4677
GO0NTY
December 23, 2015
To: Board of County Commissioners
From: Doug Erler, Directorti
Re: Consider Transfer of Operation and Supervision of Alternative Programs(Work
Release and Electronic Monitoring)from the Weld County Sheriff to the Weld
County Services Department and Authorize Chair to Sign
This item has been discussed with the Board several times this year, and most recently at a
Work Session on 12/8/15, where various officials from our local justice system also attended to
help answer questions by the Board. Frank Haug with the County Attorney's Office and Chief
Judge,James Hartmann have also been an integral part of this process to ensure adherence to
the Weld County Home Rule Charter and Colorado statute.
Enclosed in your materials is a Letter of Support from Weld County Sheriff, Steve Reams to
transfer these programs and a Memorandum of Understanding between he and I articulating
roles and responsibilities to uphold the reporting and management of offenders sentenced to
these programs is done safely and with ongoing accountability.
I respectfully recommend the Board approve this transfer, effective January 1, 2016.
Thank you.
2015-4034
W EEO COUN'T�["' 0\...17f f
''{ mow, wow
lf:' .-;r;,,,'•I''''\ ter`
SIEVE REAMS
Dear Board of County Commissioners:
Please accept this letter as a request for the Board of County Commissioners to transfer the
supervision and operation of the Alternative Sentencing Programs to the Justice Services
Department. The Alternative Sentencing Programs include Work Release and Electronic Home
Monitoring.
Pursuant to C.R.S. 30-10-511, the Sheriff is the custodian of the jail and in charge of the
inmates of the jail. However, under C.R.S. 18-1.3-106, a court can sentence some offenders to
alternative programs. The programs are provided by the County and allow offenders to
continue employment, education, or medical treatment outside the jail under some
circumstances. It is my desire, as the Weld County Sheriff, to transfer the day to day operation
and supervision of the programs provided for under C.R.S. 18-1.3-106 to the Justice Services
Department of Weld County.
Inappropriate behavior or activity of an offender participating in the Alternative Sentencing
Programs may be reported to the Sheriff's Office, and the Sheriff's Office will retain the authority
to remove that offender from any alternative program as provided for by the sentencing District
or County Court. The Sheriff's Office will regress any participant in the Alternative Sentencing
Programs to the Jail as necessary when the Justice Services Department of Weld County
identifies the need.
This transfer will apply only to those offenders who are authorized pursuant to a valid Colorado
District or County Court order to participate in an Alternative Sentencing Program.
Sincerely,
Sheriff Steve Reams
Cc: Doug Erler, Director of Justice Services
Page I 1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is by and between the Weld County
Department of Justice Services and the Weld County Sheriff("Sheriff') hereinafter referred to
collectively as"the Parties."
I. RECITALS:
A. Pursuant to the provisions of C.R.S. §30-10-511 the Sheriff is the custodian of the jail and its
prisoners. Pursuant to C.R.S. §18-1.3-106 prisoners may be allowed to leave the jail and
participate in certain Alternative Sentencing Programs under some circumstances.
B. Weld County provides Alternative Sentencing Programs pursuant to C.R.S. §18-1.3-106, the
Sheriff, and the County have transferred the supervision and operation of those programs to the
Department of Justice Services.
C. The Sheriff has the authority, pursuant to C.R.S. §18-1.3-106(10), to refuse to allow prisoners
to participate in Alternative Sentencing Programs and to leave the jail for disciplinary reasons.
II. REPORTING AND MANAGEMENT OF ACTIVITIES OF PRISONERS ("CLIENTS")
IN ALTERNATIVE SENTENCING PROGRAMS:
A. The Parties agree that the Department of Justice Services shall provide reports and ongoing
communication to the Sheriffs Office and the Court regarding the activity of the clients
participating in the Alternative Sentencing Programs.
B. These reports and communication shall provide indication of any clients who present a danger
or risk to the community, self or others and that these clients should be returned to the custody
at the main jail or otherwise higher level of supervision methods OR reports and
communication providing indication that clients are progressing satisfactorily and should be
considered for lower levels of supervision methods. On behalf of the Sheriff, the Department
of Justice Services or approved designee, will certify and report to the Court the successful
completion of clients in Alternative Sentencing Programs.
C. The Parties will maintain ongoing communication to ensure the management of clients,
integrity of record-keeping, supervision and operation of Alternative Sentencing Programs is
performed at the satisfaction of both Parties. Unless otherwise identified by the Parties, this
shall include the provision of ongoing contracts, agreements and other services, which support
the Work Release Facility.
III.MOVEMENT OF PRISONERS ("CLIENTS") TO AND FROM THE JAIL AND
ALTERNATIVE SENTENCING PROGRAMS:
A. The Sheriff shall retain the authority to regress any client in the Alternative Sentencing
Programs to the main jail.
1 0Zd/N.)= <3/
B. The Director of Justice Services shall provide reports and communication on a regular and
specific basis to the Sheriff and the Court, and shall provide the Sheriff and the Court with
information regarding any clients who present a danger or risk to self, others or to the
community.
C. In the event a client should be regressed to the jail for violation of program regulations,the
Department of Justice Services will confer with the Sheriff's Office who shall facilitate the
regression by providing secure transport for the client to the jail or to the Work Release
Facility, as agreed upon by the Parties. The Department of Justice Services shall report
regressions to the Court. For clients progressing satisfactorily and under certain circumstances,
the Department of Justice Services will provide information to the Court and the Sheriff to
consider lower levels of supervision methods of these clients.
D. Unless otherwise agreed upon, or if the client is ordered by the Court to report on their own to
Alternative Sentencing Programs,the Department of Justice Services shall be responsible to
pick up clients at the jail who are ordered and authorized to serve their jail sentence at the
Work Release Facility.
IV. SCOPE OF AGREEMENT
A. Except as otherwise provided herein,this MOU incorporates the full understanding of the
Parties.Neither Party shall demand any change herein,provided nothing herein prohibit the
Parties from changing the terms of this MOU by mutual agreement. This MOU shall become
effective upon signature of the Parties and shall remain in full effect until such time as mutually
agreed upon by the Parties and the Board of County Commissioners for Weld County.
SIGNED this 2-?/ day of Vpcev ✓ ,2015.
Steve Reams, Weld County Sheriff
Doug Erler, D ecto Weld County Justice
Services De► en
rbara Kirkme er, Chai
Board of Weld ounty Commissioners
RE: TRANSFER OF OPERATION AND SUPERVISION OF ALTERNATIVE WORK
PROGRAMS
ATTEST: diriteiti W JC.16')'i1 BOARD OF COUNTY COMMISSIONERS
Weld n Clerk to the oard WE D COUNTY, COLO DO
BY:
Deputy CI k to:he Bo rbara Kirkmeyer, C air
DEC 2 S 2015
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:'2L24214y6112aZeController V Elected Official or Department Head
APPR ED AS FOR : / N IR
Director of General Services
County Attorney
,a6, sue r1
0.
oin/ 1032/
Hello