Agencies in the state should develop policies to standardize and increase access to telehealth services for behavioral health treatment for those individuals on community supervision within the criminal justice system. This recommendation includes several propositions directed to multiple agencies to revise practice standards. These standards should address such topics as Competency of the Provider, Ethical Considerations in Standards of Care, Informed Consent, Diversity and Inclusivity Considerations, Confidentiality of Data & Information, Security & Transmission of Data & Information, Participant Guidelines and Criteria, and Telehealth Treatment Decision Making.

Codify the mission and purpose of Community Corrections in language similar to that of Parole as enacted by SB 16-1215.

The referral process will include revisions to these five elements of the process to refer inmates to community corrections: 1) COV and Non-COV offender referrals, 2) Community referral packets, 3) COV and Non-COV offender program acceptance/approval process, 4) Community corrections boards utilize structured, research-based decision-making, and 5) Repeal the statutory definition of Intensive Supervision Program-Inmate. (See "Referral Process" in the "Recommendation Text" or "Status" documents.)

This recommendation addresses three elements of reentry process procedures: 1) the timing of and criteria for the reentry process, 2) the definition of "successful community corrections completion," and 3) the eligibility for achievement earned time. (See "Community Reentry Procedures" in the "Recommendation Text" or "Status" documents.)

The Division of Criminal Justice shall work with local community corrections boards to develop judicial education curricula for judges, probation staff, and other interested parties on the topic of local community corrections programs. Community corrections boards shall work with stakeholders including probation staff and judges to develop local curricula and determine the frequency of training. Each training program should include tours of local programs and should be tailored to local needs. The curricula should include at a minimum the following content:

• The purpose of community corrections

    o Kinds of programs available and the target populations of each

    o Role of probation and community corrections as a condition of probation.

• Board criteria for accepting/rejecting applications; clarify eligibility criteria.

• Profile of clients in community corrections

• Use of assessments in local programs and case management

• Description of Progression Matrix

• Length of placement/earned time

• Use of non-residential placements

• Sanctions and incentives used by programs

• Revocation process

• Management of special populations (behavioral health, individuals with disabilities)

• Monitoring practices

• Address local control issues and different board practices around the state for various topics

(e.g., victim issues)

The Office of Community Corrections should provide model conditions of community corrections placement for implementation by programs statewide.

The Colorado Department of Public Safety shall work with local community corrections boards and key stakeholders to develop and implement a mandatory introductory orientation and an annual continuing education curriculum to ensure appropriate and consistent community placement decisions by board members.

Colorado community corrections boards from every judicial district must have a mandatory minimum membership that includes representatives from the offices of the district attorney, public defender, law enforcement, probation, the Department of Corrections, a victim or survivor representative, and a citizen member. Board membership should strive to reflect the composition and values of the local community.

Each judicial district and appointing authority  (see C.R.S., 17-27-103) shall review how often each community corrections board member should apply for reappointment to the board.

The General Assembly should provide funding for a specialized program in the community corrections budget for very high risk offenders. This program requires a differential per diem, appropriate standards of practice, and services to address what criminologists term the "top four criminogenic needs." (Footnote: 1)

Community corrections boards shall develop and implement a structured, research-based decision making process that combines professional judgment and actuarial risk assessment tools.  This structured decision making process should sort offenders by risk, need and appropriateness for community placement. The Division of Criminal Justice shall receive resources to assist local boards in developing these processes.

The Colorado Community Corrections Standards developed by the Division of Criminal Justice (DCJ) shall be changed to allow flexibility within a program to provide appropriate and effective supervision and treatment of sex offenders in accordance with the Sex Offender Management Board (SOMB) Standards and Guidelines, and to provide effective and appropriate supervision and treatment of low, medium, high and very high risk offenders.  

The Division of Criminal Justice (DCJ) shall develop a program evaluation tool that will assess each programs' adherence to evidence-based principles and practices and identify each program's capacity for providing appropriate programming to very high risk offenders. The DCJ should receive funding from the General Assembly to obtain expert consultation on the development of the instrument and to complete a statewide assessment of community corrections programs using the new tool.  The current Risk Factor Analysis requirement of DCJ shall be removed from statute (see C.R.S, 17-27-108).  

The General Assembly should increase the community corrections appropriation to include a specialized Three-Quarter House or Shared Living Arrangement program for lower risk offenders that includes a specialized per diem, appropriate program standards, and access to services to address stabilization and the minimum supervision needs of lower risk offenders.  

Community corrections boards and programs, in conjunction with the Department of Corrections (DOC) shall develop a communication mechanism to provide appropriate feedback to the inmate regarding the decision to reject placement for a transition referral.  

Transition referrals from the Department of Corrections (DOC) to community corrections shall be to a primary and alternate release destination only.  A primary referral shall be a viable and verified county of parole destination or county of conviction.  County of conviction shall not be used for crimes occurring within a Department of Corrections facility or a community corrections facility.

The Department of Corrections (DOC) shall collaborate with community corrections stakeholders to develop an Intensive Residential Treatment (IRT) (Footnote 1) and Residential Dual Diagnosis Treatment (RDDT)  (Footnote 2) referral process that is focused on where the individual will eventually parole.

Support funding an enhanced per diem differential ($33.02) for community corrections programs that house sex offenders and that applies to specialized programming for Diversion, Transition, Condition of Probation and Condition of Parole clients.

Charge the refinement working group of the sex offense/offender task force or a succeeding group as designated by the CCJJ to work in collaboration with, but not limited to, the Division of Criminal Justice, the Department of Corrections, and Probation, to study the potential, long-term cost savings related to the placement of sex offenders in community corrections (with enhanced per diem) relative to the costs of the retention of sex offenders in or revocation of sex offenders to doc. This work must be completed by January 1, 2012.

 

*Colorado Association of Community Corrections Boards

**Governor's Community Corrections Advisory Council

Support funding for the Division of Parole in the Department of Corrections to negotiate an increase in the number of beds in Community Corrections agencies and programs to house condition of parole sex offenders for residential sex offender treatment.

For individuals entering community corrections facilities, provide the opportunity to defer the first two to four weeks of subsistence payments for those who are indigent.

The Commission supports the work of the Governor's Community Corrections Advisory Council in the following initiatives:

The Commission supports an initiative by the Governor's Community Corrections Advisory Council to pilot a carefully controlled study to address the value of providing a two to four week "grace period" in which fees and subsistence payments are delayed until the offender is stabilized in the community. After appropriate data is collected and analyzed, the Advisory Council should determine whether further recommendations to the executive and legislative branches are appropriate.

The Commission supports the initiative proposed by the Governor's Community Corrections Advisory Council to pilot and study the outcome of two groups of offenders: (1) a control group sentenced to standard diversion residential community corrections, and (2) a study group sentenced to nonresidential status with enhanced services. After appropriate data is collected, the Advisory Council should determine whether further recommendations to the executive and legislative branches are appropriate.