In order to reduce potential for over-supervision in probation, there should be a standardized process within Colorado Probation among all judicial districts to ensure a transparent, consistent and timely review of each adult case for early termination. Following these recommendations (Appendix A) is a list of technical considerations and areas that will need to be addressed by a working group for this process to be successful. Recommended aspects of the standardized process include: Process Development, Policy and Standards, Structured Tools, Specialized Intensive Programs, Stakeholder Education, Victim Notification, Training, Quality Assurance and Implementation.

[See the "Recommendation Text" for Appendix A: Technical Process Areas to be Addressed.]

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.

Amend §17-2-201, C.R.S., to update and clarify the Standard Conditions of supervision for individuals on parole. The Standard Conditions of Parole apply to all individuals released under parole supervision. The existing Additional Conditions of Parole also have been revised for the Colorado State Board of Parole ["the Board"]. Both sets of conditions have been updated to clarify expectations, simplify language, increase comprehension, and remove duplication.  Because Additional Conditions are not specified in statute, no statutory language regarding Additional Conditions is required in the recommendation.

 

In this recommendation, the following substantive changes are made to the Standard Conditions:

- The mandatory urinalysis-testing requirement is moved to the Additional (Individual) Conditions.

- The expectation that an individual on parole not associate with people with a criminal record is eliminated.

- A requirement is added that mandates that the individual comply with all terms of any civil protection orders.

 

[The recommended Standard and the Additional Conditions may be found in Appendix A and the Proposed Statutory Language may be found in Appendix B in the "Recommendation Text."]

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.

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."  

Develop a data-driven, cross-disciplinary, comprehensive juvenile services plan addressing the full juvenile justice continuum in each judicial district by undertaking the following:

- In §19-2-211, C.R.S., expand the local Juvenile Services Planning Committee (JSPC) responsibilities to include the development of a data-driven three-year plan, with annual updates, targeting the full juvenile justice continuum in each judicial district;

- In §19-2-212, C.R.S., require the state Working Group  defined therein to identify the specific components of the data-driven plan; and

- In §39-28.8-501, C.R.S., authorize the use of existing marijuana tax revenue distributed to Senate Bill 1991-94 to support data-driven plan development and implementation by judicial districts.

Amend §19-3-304, C.R.S. to include §19-3-304.1 (Persons Required to Report Institutional Abuse). The statute (§19-3-304, C.R.S.) that obligates certain professionals to report child abuse/neglect to child protective services or law enforcement applies only to youth up to the age of 18. Given the age range in the new definition of institutional abuse (under 21 years of age, pursuant to H.B. 2018-1346), an important gap exists in the protection of youth in facilities who are not covered by the current mandatory reporting statute. The new section would introduce provisions to require mandatory reporting of institutional abuse for youth under 21 years of age.

This recommendation creates pilot options to provide quality care for individuals held in jail who have acute behavioral health needs that are beyond the ability of the jail to manage and who do not meet criteria for diversion with the goals to develop information and experience necessary to advance a state-wide solution. This recommendation proposes the following:

- A care transitions partnership between local and regional acute care hospitals and county jails that provides quality care for jailed individuals who have acute behavioral health needs that are beyond the ability of the jail to manage.

- The target patient population includes those who are not eligible for diversion programs due to the serious nature of the criminal charge and whose behavioral health needs surpass the capacity of the jail to manage with existing in-house medical and/or mental health service providers.

- This partnership allows for the transfer of jailed individuals to acute care facilities for provision of appropriate services and is modeled after, and expands upon, the existing partnerships and transfer protocols for individuals experiencing a medical crisis while being held in jail.

- To support the development of initial pilot sites and to allow for one-time building modifications or other required changes, it is anticipated that additional state funds will need to be allocated to pilot this solution in one rural region and one urban region.

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 Colorado Department of Human Services, Division of Child Welfare, should promulgate rules that provide guidance on permanency planning  to county departments of social/human services under Social Service Rules Volume 7. These rules should provide guidance to counties in circumstances involving a legally free youth (where parental rights have been terminated and there is no legal guardianship) who is either returning to county custody after a period of DYS commitment or is projected to emancipate from the Division of Youth Services (DYS).

Officials from the Colorado Peace Officer Standards and Training (POST) will work with staff from the Colorado Behavioral Healthcare Council (CBHC) to review and include Mental Health First Aid® training through POST for the purpose of training up to 200 officers per month on this topic with training beginning in the spring of 2017.

Officials from the Colorado Peace Officer Standards and Training (POST) will work with staff from the Colorado Behavioral Healthcare Council (CBHC) to review the Mental Health First Aid® curriculum, and modify when possible, for inclusion in the POST basic academy standard curriculum.

Promote community safety and economic growth by preventing adverse employment action on the basis of arrests that did not result in a conviction, or criminal justice records that have been sealed or expunged.

Promote community safety and economic growth by:

- Preventing public housing authorities from taking adverse action against individuals on the basis of arrests that did not result in a conviction, or convictions that have been pardoned, sealed or expunged.

- Requiring public housing authorities to consider other convictions using the same criteria the state currently applies for licensure and employment decisions.

Continue or expand financial support of Colorado's adult pretrial diversion programs.  

Create a strategic planning committee composed of municipal, county, and state representatives with expertise in criminal justice and behavioral health data systems, governance structures, privacy laws, and related issues, and that it is supported by sufficient resources to develop a cross-agency data collection and information sharing system.

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

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 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.

Amend C.R.S. 18-1.3-1008 to provide that offenders sentenced to the Lifetime Supervision Act, who suffer from a severe disability to the extent they are deemed incapacitated and do not present an unacceptable level of risk to public safety, may petition the court for early discharge from probation supervision.  Also, if necessary, make conforming amendments to the Colorado Victims' Rights Act regarding a "critical stage" for victim notification.

The Commission on Criminal and Juvenile Justice supports agencies within the Executive and Judicial branches of government, and agencies involved in critical decisions of case processing and treatment of juvenile offenders, committing to and participating in the creation of statewide juvenile professional development practices as directed by the state's Juvenile Justice and Delinquency Prevention Council.  We recommend the following timeline:

- Phase 1 (September 1, 2014 – September 30, 2015):  Commit to and participate in the creation of statewide juvenile professional development practices.

Require cultural competency training for all justice agencies and for all treatment and service organizations used by justice system agencies. (A preliminary version of this recommendation appeared as FY11-MOR#1)

All justice agencies should track the racial and ethnic diversity of their staff. Every organization should actively recruit minority candidates for both job opportunities and as members of boards and commissions. (A preliminary version of this recommendation appeared as FY11-MOR#2)

Encourage the General Assembly to provide funding to the DOC to develop or expand an intensive residential treatment program for inmates who have relatively short sentences who are assessed to need that level of treatment.

Allow for expansion of civil remedies (e.g. consumer protection and/or use of public health regulatory authority) as part of building more comprehensive drug policy. Areas related to this proposal include strategies to prevent and effectively intervene in prescription drug abuse/misuse and adopting medical models for detoxification programs.

If there are projected cost-savings from legislation reforming the Colorado Controlled Substances Act, the Drug Policy Task Force recommends that the General Assembly prioritize expanding access to trauma-informed treatment services for people with a substance abuse disorder to the extent that is appropriate and available.

A committee shall be created including, but not limited to, representatives from the Department of Corrections, the Colorado Bureau of Investigation, the Division of Criminal justice, and the Judicial Branch, to evaluate and improve the consistency of data collected across agencies to facilitate the study of the impact of the Lifetime Supervision Act. The collaborating agencies should identify and resolve the gaps and inconsistencies in electronic databases. The agencies shall review and provide recommendations to improve the annual Lifetime Supervision Report by July 1, 2012.

The commission supports the efforts of the Department of Health Care Policy and Financing (HCPF) to prioritize early health care interventions and the alignment of resources to increase the efficiency of service delivery and patient access to services.

The criminal justice committee of the Behavioral Health Transformation Council should discuss and identify potential strategies to expand access to Medicaid for community corrections clients.

The State Public Defender's Office should create informational documents for offenders on registration/re-registration and de-registration.

Repeal the current mandatory prison sentence provisions for commission of unlawful sexual contact by force, threat, or intimidation, 18-3-404(3), CRS.

The Colorado Bureau of Investigation (CBI), in cooperation with the Division of Motor Vehicle (DMV), should work toward sharing all alcohol- and drug- related driving convictions that are documented in each agency's data bases, and ensure that information on drivers with multiple DUI convictions is available to peace officers via the Colorado Crime Information Center (CCIC).

Eliminate non-alcohol related Driving Under Revocation (DUR), Driving Under Suspension (DUS) and Driving Under Denial (DUD) as a major offense for consideration by the Division of Motor Vehicle (DMV) for a habitual traffic offense (see C.R.S. 42-2-203).

Eliminate non-alcohol related Driving Under Revocation (DUR), Driving Under Suspension (DUS) and Driving Under Denial (DUD) as a major offense for consideration by the DMV as a predicate offense to classification as a Habitual Traffic Offender (HTO). Eliminate mandatory jail sentences for non-alcohol related DUR, DUS and DUD while still retaining them as discretionary (see C.R.S. 42-2-202).

Judicial districts should develop a collaborative decision-making process for cases involving drug-addicted offenders.

Those prosecuting drug-involved defendants must proactively address minority over-representation.

Modify court sanctions for first-time offenders to help individuals maintain or obtain employment.

Assess all drug-involved defendants for risk and treatment needs as early as possible in the criminal court process.

Remove barriers to conducting risk and treatment needs assessments while protecting a defendant's Constitutional rights.

Study in designated pilot sites the viability of responding to offenders who abscond from a community corrections halfway house or Intensive Supervision Parole (inmate status) by imposing on those offenders intermediate sanctions instead of escape filings. Data from the pilot sites would be combined with community corrections escape data to determine whether intermediate sanctions appear to be safe and effective in the management of offenders who walk away from halfway houses.

As a way to provide incentives while enhancing public safety, a working group shall be formed of representatives from the Division of Probation Services, district court probation departments, prosecutors, defense attorneys, victim representatives, and judges to develop an earned time schedule that links specific behaviors, such as completing drug treatment and maintaining "clean" urinalysis tests, to specific reductions in the term of the probation sentence.

Encourage the use of "cash only" bonds rather than arrest and incarceration for offenders on revocation status for nonpayment when the total amount of fees and costs owed is minimal. The judge can convert the cash bond into costs owed should the offender fail to comply with conditions of supervision.

Form a collaborative of public and private agencies to identify and develop additional housing resources for special populations who have a criminal record (for example, the aging, those with mental illness, people with developmental disabilities, sex offenders,  and those medical problems).

Because the research is conclusive that stable and meaningful employment is critical to recidivism reduction, the Department of Corrections should work with the Department of Labor and the Division of Vocational Rehabilitation, private businesses, trade unions, along with city, county, state and private employers to expand the number and scope of vocational programs offered in prison, and to ensure that the job skills offered by these programs are relevant and transferable to the current job market. Job placement and job readiness programs should be added in the Department of Corrections, and should be a priority for offenders approaching their release date. A focus on creating jobs for individuals coming from the Department of Corrections should be a priority for the collaborating entities.

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.

To reduce the number of offenders with probation violations resulting in a prison sentence, the Division of Probation Services should implement a technical violations program that focuses on these offenders and encourages them to become compliant with probation supervision.