Adult probation supervision standards promulgated by the Judicial Department should be modified and expanded by July 1, 2021 to create specific standards associated with probation supervision of young adults (18-24 year olds). These supervision standards should reflect current research and knowledge about age and brain development, especially regarding matters such as impulsivity, risk taking, and appreciating consequences of actions taken. Further, these standards should be guided by evidence-based or emerging best practices regarding the supervision of young adults, including case management approaches, involvement of the family in supervision efforts, responses to violations, the use of appropriate assessment tools, the use of restorative justice principles and practices, and partnerships with providers and the community to meet the needs of this population.

 

The implementation of this policy update should include the following:

-Training regarding brain development,

-Targeted interventions based on brain science,

-The need for development of partnerships with service providers and other community stakeholders to meet the needs of this population,

-Restorative justice,

-Assessment and case planning; case planning that incorporates educational/vocational training and life skills.

-Technical assistance should be provided to probation departments to facilitate the implementation of best practices.

Expand the operational flexibility of the Youthful Offender System (YOS) program in the Department of Corrections; clarify the time credits that are awarded in YOS cases when a revocation occurs; address issues regarding payment of certain fees in YOS cases; and modify training requirements for DOC staff who work with inmates that are placed in YOS facilities.

 

Specifically, modify the following provisions in statute:

1) Delete in 18-1.3-407 (2)(a)(IV)(a.5) the prescriptive programming language;

2) Amend "may" to "shall" in 18-1.3-407 (2)(a)(IV)(b) regarding time credit;

3) Amend 18-1.3-407 (3.3)(c)(I) regarding placement in YOS Phase II;

4) Add "OR DESIGNEE" in 18-1.3-407 (3.5) regarding staff transfers to reflect current practice;

5) Amend 18-1.3-407 (3.5) to allow flexibility regarding staff training requirements;

6) Delete 18-1.3-407 (11) regarding district attorney data collection; and

7) Amend 18-1.3-407 (11.5)(a)(I) and (c) to clarify court cost payments.

 

[See the "Recommendation Text" for the specific Proposed Statutory Revisions.]

Create, implement, and fund a process that will permit the automatic sealing of criminal conviction records for drug offenses. The State Court Administrator's Office (SCAO), the Colorado Bureau of Investigations (CBI), and each district attorney's office will implement procedures to evaluate cases that qualify for automatic sealing and will automatically seal eligible cases without associated fees, a Motion or a Petition to Seal being filed by the defendant.

 

[See the "Recommendation Text" for a description of the recommended automatic sealing process.]

 

[Statute may require revision to accommodate this automatic sealing process; however, no proposed statutory language was prepared for this recommendation.]

Fund public health interventions that strengthen community resources and expand alternatives to filing criminal charges against adults and youth with substance use issues who are at risk of justice involvement. By aspiring to a public health approach — which redirects adults and youth with substance abuse issues engaging in behaviors that can lead to incurring criminal charges from the justice system entirely — this recommendation shifts priorities in funding upstream, supporting the still inadequate system for care coordination and treatment. Recognizing that funding diversion programs that are post-arrest continues to inadvertently reinforce the justice system as the point of intervention for many adults and youth with substance use disorder treatment needs, notwithstanding potential for co-occurring mental health needs, true alternatives are still needed to avoid the justice system operating as a healthcare system of intervention and care.

 

To facilitate this approach, implement the following:

- Priority #1: Provide funding and improve access to coordinated treatment provider and care coordination systems so that adults, youth and families can access services, interventions, supports, and treatment modalities within their community, leading to a decrease in call volume for first responders and reliance on the justice system as a point of intervention and to improved community wellness.

- Priority #2: Continue to improve training and to enhance service provider collaboration with law enforcement including but not limited to expanding co-responder and law enforcement diversion programs and deflection models that also include the critical component of care coordination, treatment when and where necessary and community engagement. Without community supported and appropriately funded alternative case management and treatment options, first responders will continue to be left without options that match the complexity of needed care.  

- Priority #3: Continue to increase post-arrest diversion opportunities to create multiple "off-ramps" from criminal and juvenile justice system entanglement and prioritize programs using a harm-reduction approach to address the underlying needs of individuals, the community, and victims.

Establish a narcotics enforcement entity, the Dangerous Drugs Coordination Council ("the Council"), that facilitates and coordinates the sharing of information among law enforcement agencies across the state. The Council, to be housed in the Colorado Department of Public Safety, will provide a structure for collaboration, information sharing, and efforts to support local law enforcement agencies.

 

The Council:

- will coordinate strategic responses to emerging illicit drug trends, regardless of the drug type involved

 

- will orchestrate the implementation of an emergency medical service tracking and reporting system, the Overdose Detection Mapping Application Program (ODMAP)

 

- requires one full time employee (FTE) to coordinate the meetings and meet the analytical needs of the entity. The position will be housed in the Colorado Department of Public Safety where it can benefit from the work of the Colorado Information Analysis Center (CIAC)

 

- shall include at a minimum, representatives from the following:

 > 1 Police Chief, rural district

 > 1 Police Chief, urban district

 > 1 Sheriff, rural district

 > 1 Sheriff, urban district

 > Colorado District Attorneys' Council

 > Colorado Attorney General's Office

 > Colorado Coroners Association

 > Colorado Drug Investigators Association

 > Colorado Dept. of Health Care Policy & Financing

 > Colorado Dept. of Public Health & Environment

 > Colorado Dept. of Public Safety

 > Colorado Bureau of Investigation

 > Colorado Information Analysis Center

 

- to facilitate coordination and collaboration, shall invite important Federal partners and stakeholders that include, but are not limited to, the following:

> U.S. Attorney's Office

> U.S. Homeland Security Investigations

> U.S. Postal Inspection Service

> U.S. Drug Enforcement Administration

> Rocky Mountain High Intensity Drug Trafficking Area

> Federal Bureau of Investigation

> Bureau of Alcohol, Tobacco, Firearms and Explosives

 

[No Proposed Statutory Language was prepared for this statutory provision.]

Implement and require participation by public safety and public health personnel in the Overdose Detection Mapping Application Program (ODMAP) in Colorado. The Washington/Baltimore High Intensity Drug Trafficking Area's ODMAP is an emergency medical service tracking and reporting system. To facilitate expeditious public health and law enforcement responses to save lives in Colorado, the following entities should be required to implement and participate in this program:

 

- The statewide ODMAP implementation will require coordination and leadership. The Dangerous Drugs Coordination Council (created in Recommendation FY20-OP #01) will be responsible for directing the implementation of ODMAP, including outreach to rural agencies, and facilitating statewide participation.

- Emergency Medical Services (EMS), Coroners, Law Enforcement & Emergency Departments (ERs)

 

[No Proposed Statutory Language was prepared for this statutory provision.]

Local pretrial service programs, State Court Administrators' Office and other data repository entities shall gather and submit specific, case and/or person level data elements to the Division of Criminal Justice (DCJ) annually. These data must include distinct performance and outcome measures (the detailed data elements may be found in the FY20-PR#01: ADDENDUM available at the link to "Recommendation Text"). The Division of Criminal Justice in consultation with a statutorily created statewide pretrial services data advisory group (see CCJJ Recommendation FY20-PR#02) will establish the required data elements [Note: The required 1.0 FTE and the one-time appropriation for information technology requirements related to these functions are found in Recommendatiopn FY20-PR#02.].

In §16-4-106, C.R.S., create a statewide pretrial services data advisory group staffed by the Division of Criminal Justice with a sunset of five years from legislation enactment. The data advisory group must include representation of pretrial stakeholders, including the State Court Administrators Office. The Division of Criminal Justice is the central repository for all pretrial services data (see CCJJ Recommendation FY20-PR#01). One (1.0) FTE is required for staffing the statewide pretrial services data advisory group and for pretrial services data management, analysis, and annual reporting and an additional one-time appropriation will be necessary to meet the information technology requirements.

Amends, appends, or deletes and replaces several sections of statute related to pretrial services and bail/bond. This recommendation combines 14 pretrial and bond-related elements that address:

- pretrial risk assessment (PRA) [ELEMENT 3.1]

- PRA use and data collection [ELEMENT 3.2]

- expansion of pretrial services statewide [ELEMENT 3.3]

- expansion of the use of summons [ELEMENT 3.4]

- bail bond violations [ELEMENT 3.5]

- release conditions [ELEMENT 3.6]

- expedited pretrial release process [ELEMENT 3.7]

- pretrial services funding, standards, assessment and training [ELEMENT 3.8]

- initial bond hearing process and monetary conditions of bond [ELEMENT 3.9]

- public defender and district attorney involvement in bail hearings [ELEMENT 3.10]

- training for pretrial stakeholders [ELEMENT 3.11]

- expedited appeal process [ELEMENT 3.12]

- telejustice program fund [ELEMENT 3.13]

- pretrial community advisory boards [ELEMENT 3.14]

Each "ELEMENT" (3.1 through 3.14) description and Draft Statutory Language can be found in the "Recommendation Text."