Community Corrections Programs

C.R.S. tit. 17, art. 27

in effect

C.R.S. § 17-27-101 Legislative declaration

17-27-101. Legislative declaration. The general assembly hereby declares that it is the purpose of this article to establish and maintain community corrections programs which provide the courts, the department of corrections, and the state board of parole with more flexibility and a broader range of correctional options for offenders under the jurisdiction of such entities. It is the further purpose of this article to increase public safety and promote community-based correctional programming through collaboration between the state of Colorado and local units of government. It is also the purpose of this article to give local units of government the authority to designate the programs, boards, and networks established under this article to address local criminal justice needs with resources other than those appropriated pursuant to this article.

C.R.S. § 17-27-101.5 Purposes of community corrections

17-27-101.5. Purposes of community corrections. (1) The purpose of this article 27, with respect to community corrections, is to: (a) Further all purposes of sentencing and improve public safety by reducing the incidence of future crime through design and implementation of research-based policies, practices, programs, and standards; (b) Prepare, select, and assist people who, after serving a statutorily defined period of incarceration, will be transitioned and returned to the community through supported partnerships with local community corrections boards; (c) Set individualized conditions of community corrections supervision and provide services and support to assist people in community corrections in addressing identified risks and needs; and (d) Achieve a successful discharge from community corrections supervision through reduction of risks and needs and satisfactory compliance with conditions of placement.

C.R.S. § 17-27-102 Definitions

17-27-102. Definitions. As used in this article 27: (1) "Administrative review process" means a sequence of actions that includes written notification to an offender of the decision to reject and terminate program placement, a brief explanation of the reason for the termination, instructions for the offender to request review of the action of the community corrections board or community corrections program, and a method for the community corrections board or community corrections program to informally review the rejection and termination. (2) "Community corrections board" means the governing body of any unit of local government, any combinations of such governing bodies for the purpose of this article, or any separate board created by any governing body or bodies pursuant to this article. (2.5) "Community corrections facility" means a facility used by a community corrections program. (3) "Community corrections program" means a community-based or community-oriented program that provides supervision of offenders pursuant to this article. Such program shall be operated by a unit of local government, the department, or any private individual, partnership, corporation, or association. Such program may provide residential or nonresidential services for offenders, monitoring of the activities of offenders, oversight of victim restitution and community service by offenders, programs and services to aid offenders in obtaining and holding regular employment, programs and services to aid offenders in enrolling in and maintaining academic courses, programs and services to aid offenders in participating in vocational training programs, programs and services to aid offenders in utilizing the resources of the community, meeting the personal and family needs of such offenders, programs and services to aid offenders in obtaining appropriate treatment for such offenders, programs and services to aid offenders in participating in whatever specialized programs exist within the community, day reporting programs, and such other services and programs as may be appropriate to aid in offender rehabilitation and public safety. (3.5) "Community parole officer" means an officer who is an employee of the department and is a peace officer, as described in sections 16-2.5-101 and 16-2.5-136, C.R.S., with the powers and duties described in section 17-27-105.5. (4) "Governing body" means the board or council of elected or appointed officials which is responsible for governing any unit of local government, such as a city council or a board of county commissioners. (5) "Nongovernmental agency" means any private individual, partnership, corporation, or association. (6) "Offender" means any person accused of or convicted of a felony or misdemeanor as defined by the laws of the state of Colorado. (7) "Referring agency" means the agency which maintains legal jurisdiction over any offender referred to or placed in a community corrections program such as the sentencing court, the department of corrections, or the state board of parole. (8) "Unit of local government" means any county, city and county, city, town, or service authority which may be established pursuant to section 17 of article XIV of the state constitution.

C.R.S. § 17-27-103 Community corrections boards - establishment - duties

17-27-103. Community corrections boards - establishment - duties. (1) A community corrections board may be established by resolution or ordinance of a governing body, or a combination of governing bodies. Any community corrections board which is established may be advisory to the governing body or bodies which created such board or it may be functionally independent from the governing body or bodies. Pursuant to subsection (8) of this section, the governing body or bodies may delegate to the community corrections board the authority which such governing body or bodies have to approve or disapprove the establishment and operation of community corrections programs within the jurisdiction of such governing body or bodies. In addition, the governing body or bodies may delegate such other powers which the governing body or bodies possess to the community corrections board to accomplish the purposes of this article. (2) A community corrections board shall have the authority to enter into contracts with the state of Colorado, receive grants from governmental and private sources, and receive court-authorized expense reimbursement related to community corrections programs. A community corrections board may designate a community corrections program or programs within the jurisdiction of such board to contract with the state of Colorado to provide services and supervision for offenders. (3) A community corrections board may establish programs to be operated by a unit or units of local government, or an agency of state government, to accomplish the purposes of this article, or such board may contract with other units of local government, other community corrections boards, any agency of state government, or any community corrections program to provide supervision of and services for offenders. (4) A community corrections board may establish and enforce standards for the operation of any community corrections program located within the physical boundaries of the jurisdiction of the governing body or bodies which created such board. The standards established by a community corrections board may exceed, but shall not conflict with, standards established for community corrections programs by the division of criminal justice of the department of public safety pursuant to section 17-27-108. The community corrections board shall, in coordination with state and local agencies, monitor community corrections programs within the jurisdiction of such board and oversee compliance with state and local standards. The community corrections board's oversight of the community corrections programs within the board's jurisdiction shall include the following: (a) Making an assessment of the number of offenders who have escaped from custody as such term is described in section 17-27-106, which assessment shall be based on the reports prepared by the administrators of community corrections programs in accordance with section 17-27-104 (11); (b) Determining compliance by community corrections programs with the recommendations made in audit reports prepared by the division of criminal justice in accordance with section 17-27-108. (5) (a) A community corrections board has the authority to accept or reject any offender referred for placement in a community corrections program under the jurisdiction of such board. The community corrections board shall provide, in writing, acceptance criteria and screening procedures to each referring agency. (b) To determine whether to accept or reject any offender, a community corrections board shall develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. diction of such board. The community corrections board shall provide, in writing, acceptance criteria and screening procedures to each referring agency. (b) To determine whether to accept or reject any offender, a community corrections board shall develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. (c) If a community corrections board or program denies an offender a community corrections transition placement, the board or program shall submit electronically to the department of corrections the reason for the denial and a suggested timeline for a subsequent referral within the period specified in section 18-1.3-301 (2)(e)(II). The department of corrections shall develop the method by which community corrections boards and programs can submit this information electronically and shall also provide this information to the inmate. (d) A community corrections board shall expedite a decision to accept an offender who is a pregnant or postpartum defendant, as defined in section 18-1.3-103.7, if the pregnant or postpartum defendant did not raise the issue of the pregnancy or postpartum period prior to a request for community corrections placement. (6) A community corrections board may establish conditions or guidelines for the conduct of offenders placed in any community corrections program operated within the physical boundaries of the jurisdiction of the governing body or bodies which created such board. Written copies of such conditions or guidelines shall be made available to offenders placed in community corrections programs under the jurisdiction of the community corrections board. (7) A community corrections board has the authority to reject after acceptance the placement of any offender in a community corrections program within the jurisdiction of such board. If the referring agency does not provide an administrative review process relating to such rejection after acceptance, the community corrections board shall provide an administrative review process for any offender who is rejected after acceptance by such board. The community corrections board shall provide written notification of the rejection after acceptance of any offender to the referring agency and the administrator of the community corrections program in which the offender is placed. (8) A governing body shall approve or disapprove the establishment and operation of all community corrections programs within the jurisdiction of such governing body, but such authority may be delegated to the community corrections board created by such governing body. (9) A community corrections board may serve in a planning and coordinating capacity by advising the governing body which created such board and consulting with officials of state criminal justice agencies to improve local community corrections services. (10) A community corrections board, and each individual member of such board, shall be immune from any civil liability for the performance of the duties of such board or such individual member as specified in this article, if such person was acting in good faith within the scope of such person's respective capacity, makes a reasonable effort to obtain the facts of the matter as to which action was taken, and acts in the reasonable belief that the action taken by such person was warranted by the facts.

C.R.S. § 17-27-103.5 Statements relating to a transitional referral to community corrections

17-27-103.5. Statements relating to a transitional referral to community corrections. (1) Pursuant to the provisions of section 24-4.1-302.5 (1)(j.5), C.R.S., a victim shall have the right to provide a written victim impact statement and a separate oral statement to a community corrections board considering an offender's transitional referral to community corrections. (2) (a) (I) A community corrections board shall allow, within the parameters set by the board, an offender who is under consideration for transitional placement in a community corrections program under the board's jurisdiction to provide a written statement to the community corrections board concerning the offender's transition plan and community support and the appropriateness of placing the offender in a community corrections program. (II) If an offender elects to submit a written statement to a community corrections board pursuant to subparagraph (I) of this paragraph (a), and the offender provides a written statement to the department pursuant to the procedures and time frame established by the department, the department shall include the statement with any referral to a community corrections board considering the offender's transitional referral to a community corrections program. (b) A community corrections board may allow, within the parameters set by the board, an offender to designate a person other than the offender to submit a written statement or give an oral statement on the offender's behalf to a community corrections board considering the offender's transitional referral to a community corrections program. (3) A community corrections board shall develop written policies and procedures consistent with the provisions of this section and section 24-4.1-302.5 (1)(j.5), C.R.S., that are available to the public concerning the parameters for written and oral statements by victims and the permissibility of and the parameters for a written or oral statement by a person designated by an offender. (4) Nothing in this section shall be construed to require the department or a community corrections board to provide transportation or make arrangements for the appearance at a community corrections hearing of an offender or, if permitted by a community corrections board, the person designated by the offender pursuant to paragraph (b) of subsection (2) of this section to give an oral statement or to submit a written statement on the offender's behalf. (5) The department shall not be required to provide notice to any person, other than a registered victim, of a community corrections board hearing relating to the offender.

C.R.S. § 17-27-104 Community corrections programs operated by units of local government, state agencies, or nongovernmental agencies

17-27-104. Community corrections programs operated by units of local government, state agencies, or nongovernmental agencies. (1) Any unit of local government, or any state agency authorized by this article, may establish, maintain, and operate such community corrections programs as such unit or agency deems necessary to serve the needs of such unit of local government or state agency and offenders who are assigned to such programs by the department of corrections, placed in such programs by the state board of parole, or sentenced to such programs by the court. (2) Pursuant to provisions of section 17-27-103, any nongovernmental agency may establish, maintain, and operate a community corrections program under a contract with the state of Colorado, a contract with a unit or units of local government, or a contract with other nongovernmental agencies for the purpose of providing services to offenders who are assigned to such programs by the department of corrections, placed in such programs by the state board of parole, or sentenced to such programs by the court. (3) The administrators of any community corrections program established pursuant to this section shall have the authority to accept or reject any offender referred for placement in such program. Screening procedures shall be developed in cooperation with the community corrections board of the jurisdiction in which such community corrections program is located. Acceptance criteria and screening procedures shall be provided in writing by each community corrections program to each referring agency. (4) (a) The administrators of each community corrections program established pursuant to this section shall establish conditions or guidelines for the conduct of offenders accepted and placed in such program. Such conditions or guidelines shall not conflict with any conditions or guidelines established pursuant to section 17-27-103 (6) by the community corrections board of the jurisdiction in which such community corrections program is located. Offenders accepted and placed in any community corrections program shall have access to written copies of such conditions or guidelines for the conduct of offenders upon placement in such program. (b) One such condition shall be that an offender, upon being placed in a community corrections program, shall execute a limited power of attorney to the director, or the director's designee, of the community corrections program with which the offender is being placed. The limited power of attorney shall grant to the director or the director's designee the authority to dispose of moneys the offender has earned since being placed in the program and that have been left in accounts or on deposit with the community corrections program in the event that, after the offender is accepted by the community corrections program, the offender is rejected from such program due to escape. The moneys shall be disposed of for the following purposes and in the following order of priority: (I) Payment of court-ordered restitution to the victim of the crime committed by the offender; (II) Payment for the court-ordered support of the offender's dependents; (III) Payment of fines, offender fees and surcharges, and other court-ordered financial obligations imposed as part of the offender's sentence; and (IV) Any remaining funds shall be paid into the victims and witnesses assistance and law enforcement fund, established pursuant to section 24-4.2-103, C.R.S., in the judicial district in which the community corrections program is located. (c) The director of the community corrections program, or the director's designee, shall maintain records of any disbursements of offenders' funds pursuant to this subsection (4). funds shall be paid into the victims and witnesses assistance and law enforcement fund, established pursuant to section 24-4.2-103, C.R.S., in the judicial district in which the community corrections program is located. (c) The director of the community corrections program, or the director's designee, shall maintain records of any disbursements of offenders' funds pursuant to this subsection (4). (d) The limited power of attorney shall be valid until the offender's sentence to community corrections is discharged from community placement by the court. (5) The administrators of each community corrections program established pursuant to this section shall have the authority to reject after acceptance and terminate the placement of any offender who violates conditions or guidelines established pursuant to subsection (4) of this section, or if any conditions of such offender's placement in the program are not satisfied. If the referring agency does not provide an administrative review process, the community corrections program shall provide an administrative review process for any offender who is rejected after acceptance. If the termination of placement of an offender is initiated by the community corrections program, the referring agency shall be notified immediately to arrange a transfer of custody for such offender. The community corrections program may be required by the referring agency to maintain temporary custody of the offender whose placement is being terminated for a reasonable period of time pending receipt of appropriate transfer orders from the referring agency unless the provisions of subsection (6) of this section apply. (6) When the administrator of a community corrections program established pursuant to this section, or any other appropriate referring agency, has cause to believe that an offender placed in a community corrections program has violated any rule or condition of such offender's placement in such program, or cannot be safely housed in such program, the administrator or other appropriate authority shall notify the appropriate judicial or executive authority of the facts which are the basis of such administrator's belief. Such administrator may then execute a transfer order to any sheriff, undersheriff, deputy sheriff, police officer, or state patrol officer which authorizes such peace officer to transport the offender to the county jail in the county in which the community corrections program is located and the offender shall be confined in such jail pending a determination by the appropriate judicial or executive authority as to whether the offender should remain in community corrections or be removed therefrom. Such offender shall be confined without bond. (7) The administrator of any community corrections program established pursuant to this section shall notify a referring agency immediately that an offender has been transferred to a county jail pursuant to subsection (6) of this section. Such notification shall contain the name of the offender and identify the rule or condition of placement violated, and describe such violation, or state the reason the offender cannot be safely housed in the community corrections program. (8) Upon placement of an offender in a community corrections program, the administrator of the program shall notify local law enforcement agencies of the identity of each such offender. ontain the name of the offender and identify the rule or condition of placement violated, and describe such violation, or state the reason the offender cannot be safely housed in the community corrections program. (8) Upon placement of an offender in a community corrections program, the administrator of the program shall notify local law enforcement agencies of the identity of each such offender. (9) The administrator of any community corrections program shall document the number of days of residential and nonresidential time completed by each offender sentenced directly to the community corrections program by the court and the time credits granted to such offender pursuant to section 18-1.3-301 (1)(i), C.R.S. If any such offender is rejected after acceptance by the community corrections board or the community corrections program, the program administrator shall provide a written summary of the residential days completed by such offender to the referring agency. If the offender is thereafter committed to the department of corrections, such summary shall be reported to the department of corrections to facilitate the calculation of any time credits pursuant to part 3 or part 4 of article 22.5 of this title. (10) The administrator of any community corrections program shall enforce any order relating to the payment of restitution, court costs, fees, or community service which is ordered by the sentencing court. Such administrator shall establish a payment contract and schedule for each offender placed in the community corrections program. (11) The administrator of each community corrections program shall report to the division of criminal justice and the community corrections board of the jurisdiction in which such program is located on the offenders who have escaped from custody as such term is described in section 17-27-106 (1). The division of criminal justice is authorized to prepare forms for these reports. (12) (a) The administrators of a community corrections program established pursuant to this section may implement a behavioral or mental health disorder screening program to screen the persons accepted and placed in the community corrections program. If the administrators choose to implement a behavioral or mental health disorder screening program, the administrators shall use the standardized screening instrument developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to said section. (b) (I) Starting on or before July 1, 2023, a community corrections program established pursuant to this section shall develop protocols to identify withdrawal symptoms, determine whether a medical referral is needed, and ensure individuals have access to appropriate medical professionals as necessary. In instances when a medically supervised detoxification appears necessary, community corrections program staff shall assist the individual with accessing a local emergency provider or managed service organization for necessary treatment. (II) Starting on or before July 1, 2023, a community corrections program established pursuant to this section shall provide medication-assisted treatment. If a community corrections program does not provide medication-assisted treatment, community corrections program staff shall assist the individual with accessing a community-based medication-assisted treatment provider. A community corrections program that does not provide a medication-assisted treatment pursuant to this subsection (12) shall submit a report by July 1, 2023, to the division of criminal justice in the department of public safety describing the barriers to offering the services and what resources are necessary to provide medication-assisted treatment. y-based medication-assisted treatment provider. A community corrections program that does not provide a medication-assisted treatment pursuant to this subsection (12) shall submit a report by July 1, 2023, to the division of criminal justice in the department of public safety describing the barriers to offering the services and what resources are necessary to provide medication-assisted treatment. (13) The administrator of any community corrections program established pursuant to this section shall not reject any offender referred for placement based on the offender's participation in medication-assisted treatment, as defined in section 23-21-803, or establish any rule or condition or guideline for the conduct of an offender that prohibits or significantly impairs an offender's ability to participate in prescribed medication-assisted treatment. (14) The administrator of a community corrections program established pursuant to this section shall partner with a county department of human or social services to facilitate enrolling offenders in the program into medicaid, which must include determining whether each offender is enrolled in medicaid upon entry into the community corrections program and, if an offender is not enrolled, determining whether the offender is eligible for medical assistance under medicaid and enrolling each eligible offender in medicaid.

C.R.S. § 17-27-105 Authority to place offenders in community corrections programs

17-27-105. Authority to place offenders in community corrections programs. (Repealed)

C.R.S. § 17-27-105.5 Community parole officers - duties - arrest powers - definitions

17-27-105.5. Community parole officers - duties - arrest powers - definitions. (1) For purposes of this section: (a) "Director" means the director of the department's community corrections program whose powers and duties include those of a community parole officer. (b) "Offender" means an inmate assigned to residential and nonresidential community corrections programs as those programs are set forth in articles 27, 27.5, and 27.7 of this title and an offender who is in phase III of the youthful offender system as set forth in section 18-1.3-407, C.R.S. (2) The executive director of the department of corrections shall designate staff of the department to maintain jurisdiction over all offenders placed in any community corrections program by order of the executive director or as a condition of parole. Such staff may include community parole officers and the director. (3) Community parole officers are authorized to: (a) Supervise and habilitate offenders; (b) Investigate, detect, and prevent crime involving offenders; (c) Issue warrants for the arrest of offenders; (d) Arrest offenders; (e) Process reports or other official documents regarding offenders; (f) Coordinate with community corrections boards and community corrections programs; (g) Review offender supervision and treatment; (h) Authorize offender transfers between residential and nonresidential phases of placement; and (i) Carry out such other duties as the executive director directs. (4) The director of community corrections or any community parole officer may arrest any offender when any offense under the laws of this state has been or is being committed by the offender in the presence of the director or the community parole officer, the director or the community parole officer has a warrant commanding that such offender be arrested, or the director or the community parole officer has probable cause to believe: (a) That a warrant for the offender's arrest has been issued in this state or another state for any criminal offense or for a violation of the department's administrative code of penal discipline, a supervision order, or other administrative order; (b) That a crime has been committed and that the offender has committed such crime; (c) That the offender has violated a condition of the administrative code of penal discipline; (d) That the offender is leaving or is about to leave the state; (e) That the offender will fail or refuse to appear at a hearing to answer charges for a violation of the department's code of penal discipline; or (f) That the arrest of the offender is necessary to prevent physical harm to the offender or another person or to prevent the commission of a crime. (5) If a community parole officer makes an arrest of an offender with or without a warrant, or the offender is otherwise arrested, the offender shall be held in a county jail or program pending action by the community parole officer or the director of the community corrections program. (6) A community parole officer shall seek out and arrest any fugitive from a correctional facility when called upon and assist other agencies in the apprehension of fugitives from jurisdictions throughout the state. (7) Notwithstanding any other provision of this section, each community parole officer, or the director acting as a community parole officer, shall notify the local law enforcement agency when the community parole officer is operating or intends to operate anywhere within the local law enforcement agency's jurisdiction and shall cooperate with such agency during the conduct of the investigation. (8) Notwithstanding any other provision of this title, if a community parole officer has probable cause to believe that a parolee who is under the supervision of the community parole officer has removed or tampered with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole, the parole officer shall either: during the conduct of the investigation. (8) Notwithstanding any other provision of this title, if a community parole officer has probable cause to believe that a parolee who is under the supervision of the community parole officer has removed or tampered with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole, the parole officer shall either: (a) Immediately make a warrantless arrest of the parolee; except that, before making such an arrest, the community parole officer shall first determine that the notification of removal or tampering was not merely the result of an equipment malfunction. (b) Not later than twelve hours after acquiring such probable cause, notify a law enforcement agency with jurisdiction over the parolee's last-known address that the parolee is subject to an immediate warrantless arrest.

C.R.S. § 17-27-105.7 Offenders held in community corrections programs - medical benefits application assistance - county of residence - repeal

17-27-105.7. Offenders held in community corrections programs - medical benefits application assistance - county of residence - repeal. (Repealed)

C.R.S. § 17-27-106 Escape from custody from a community corrections program

17-27-106. Escape from custody from a community corrections program. (1) (a) If an offender fails to remain within the extended limits of such offender's confinement or placement or fails to return within the time prescribed to any community corrections program to which such offender was assigned or transferred or if any offender who participates in a program established under the provisions of this article leaves such offender's place of employment or, having been ordered by the executive director of the department of corrections or the chief probation officer of the judicial district to return to the community corrections program, neglects or fails to do so, such offender shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S., and all reductions in sentence authorized by part 2 of article 22.5 of this title shall be forfeited. (b) (I) In addition to the forfeiture of all reductions in sentence authorized by part 2 of article 22.5 of this title, any person convicted of escape from custody from a community correction program in violation of paragraph (a) of this subsection (1) shall also forfeit all reductions in sentence authorized by section 18-1.3-301 (1)(i), C.R.S. (II) Repealed. (2) The division of criminal justice is hereby authorized to provide notice to appropriate law enforcement agencies and the sentencing court, if applicable, that there is probable cause to believe that an offender has escaped from custody.

C.R.S. § 17-27-107 Administrative procedure act not to apply

17-27-107. Administrative procedure act not to apply. The provisions of this article shall not be subject to the "State Administrative Procedure Act", article 4 of title 24, C.R.S.

C.R.S. § 17-27-108 Division of criminal justice in the department of public safety - duties - community corrections contracts - audit

17-27-108. Division of criminal justice in the department of public safety - duties - community corrections contracts - audit. (1) The division of criminal justice of the department of public safety is authorized to administer and execute all contracts with units of local government, community corrections boards, or nongovernmental agencies for the provision of community corrections programs and services. (2) (a) The division of criminal justice is authorized to establish standards for community corrections programs operated by units of local government or nongovernmental agencies. Such standards shall prescribe minimum levels of offender supervision and services, health and safety conditions of facilities, and other measures to ensure quality services. The standards shall be promulgated or revised after consultation with representatives of referring agencies, community corrections boards, and administrators of community corrections programs. (b) (I) The division of criminal justice shall audit community corrections programs to determine levels of compliance with standards promulgated pursuant to paragraph (a) of this subsection (2). Such audits shall include an evaluation of compliance with the reporting requirements pursuant to section 17-27-104 (11). (II) (A) Before July 1, 2003, such audits shall occur at least once in each three-year period, unless waived by the executive director of the department of public safety. (B) On and after July 1, 2003, the division of criminal justice shall implement a schedule for auditing community corrections programs that is based on risk factors such that community corrections programs with low risk factors shall be audited less frequently than community corrections programs with higher risk factors. In no event shall such audits occur less frequently than at least once in each five-year period. Prior to July 1, 2003, the division of criminal justice shall create classifications of community corrections programs that are based on risk factors as those factors are established by standards of the division of criminal justice. (III) Written reports of such audits shall be provided to the administrator of the program which is audited, the local community corrections board, and referring agencies. Such written reports shall include findings of noncompliance with contractual obligations, including the standards promulgated pursuant to paragraph (a) of this subsection (2), and shall identify those material findings that, if not corrected within a reasonable time, will result in a recommendation to terminate the contract to operate the program. As used in this subparagraph (III), "material findings" includes those findings related to: (A) Public safety, including but not limited to offender monitoring and rehabilitation; (B) Health and life safety pertaining to but not limited to staff and offenders; (C) Efficiency and effectiveness of programs' internal control systems; (D) Statutory compliance; and (E) Fiduciary duties and responsibilities. this subparagraph (III), "material findings" includes those findings related to: (A) Public safety, including but not limited to offender monitoring and rehabilitation; (B) Health and life safety pertaining to but not limited to staff and offenders; (C) Efficiency and effectiveness of programs' internal control systems; (D) Statutory compliance; and (E) Fiduciary duties and responsibilities. (c) (I) No later than January 1, 2024, and every five years thereafter, the division of criminal justice shall, subject to available appropriations, contract with an independent third-party contractor to analyze all financial records of each community corrections program. The community corrections programs shall comply with all requests associated with this audit and share financial records with the contractor. The independent third-party contractor shall work directly with each community corrections program to gather financial information. The audit must analyze, but is not limited to, the following: (A) Total revenue; (B) All sources of revenue, including, but not limited to, general fund dollars, state or federal grant funds, medicaid reimbursements, local government funds, and private and public loans; (C) Total expenditures; (D) Amount of expenditures by expenditure type, including, but not limited to, wages and salaries, benefits, operating expenses, and capital improvements; and (E) Cost per day per community corrections offender for services that qualify for reimbursement from appropriations from the general fund to the division of criminal justice. (II) The independent third-party contractor completing the audit shall report its findings to the joint budget committee of the house of representatives and senate and the division of criminal justice, no later than July 1, 2025, and no later than July 1 every five years thereafter. Notwithstanding section 24-1-136 (11)(a)(I), the report required by this subsection (2)(c)(II) continues indefinitely. (3) The division of criminal justice shall allocate appropriations for community corrections to local community corrections boards and community corrections programs in a manner which considers the distribution of offender populations and supports program availability proportionate to such distribution and projected need. (4) Prior to April 1, 2003, and on and after July 1, 2006, the division of criminal justice may authorize up to five percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. On and after April 1, 2003, through June 30, 2006, the division of criminal justice may authorize up to four percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. Such moneys for administrative costs may be applied to support functions authorized in section 17-27-103, to supplement administrative expenses of community corrections programs which have contracted with or are under the jurisdiction of a unit of local government, or to support other direct or indirect costs of involvement in community corrections. (5) The division of criminal justice is authorized to transfer up to ten percent of annual appropriations among or between line items for community corrections program services. Advance notice of such transfers shall be provided to the general assembly, the governor, the executive director of the department of corrections, and the chief justice of the supreme court. (6) The division of criminal justice shall provide technical assistance to community corrections boards, community corrections programs, and referring agencies. (7) Repealed.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-17.docxFetched: 10/6/2026