(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 comm
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(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.
(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.