CO Code § 17-27-103 (2021)
2021 Colorado Code|Title 17 - Corrections|Article 27 - Community Corrections Programs|§ 17-27-103. Community Corrections Boards - Establishment - Duties

  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.    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.    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.    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:   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);    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.         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.    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.    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.       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.    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.    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.    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.    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.      History. Source: L. 93: Entire article R&RE, p. 710, § 1, effective July 1. L. 95: (4) amended, p. 80, § 1, effective March 23. L. 2018: (5) amended,(HB 18-1251), ch. 272, p. 1669, § 2, effective August 8.    ANNOTATION   Annotator's note. Since § 17-27-103 is similar to § 17-27-104 (3) as it existed prior to the 1993 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.   Corrections board has power to reject an offender initially accepted into one of its programs or facilities. A trial court is powerless to dismiss for lack of evidence the termination of an offender from a community corrections facility and to return the offender to such facility; the court's only option is to resentence the offender by adopting an alternative sentence. People v. Akin, 783 P.2d 267 (Colo. 1989).   A person's sentence to community corrections may be revoked before or after acceptance to a program for any reason or for no reason at all. People v. Holt, 874 P.2d 410 (Colo. App. 1994).   Under subsection (5), a community corrections sentence can be revoked for any reason or for no reason at all. People v. Rodriguez, 55 P.3d 173 (Colo. App. 2002).   The sentencing court, as the referring agency, may conduct the administrative review process if the community corrections board or program has not done so. Benz v. People, 5 P.3d 311 (Colo. 2000).   This section and § 17-27-102 entitle any person who is rejected after acceptance in a community corrections program to an administrative hearing. However, the eight-year prison sentence imposed on a defendant without a previous administrative hearing would not be overturned where he failed to raise the issue before the trial court and records in evidence showed sufficient grounds for defendant's termination from community corrections. People v. Pauley, 42 P.3d 57 (Colo. App. 2001).   Upon termination from community corrections, an offender must be provided with: (1) Written or actual notice of rejection from community corrections and the reasons for rejection, and (2) an informal review of the facts underlying the rejection. People v. Kitsmiller, 74 P.3d 376 (Colo. App. 2002).   Informal review requires the trial court to either: (1) Review on the record the facts underlying the rejection, or (2) demonstrate a familiarity with those facts through documentation in the record regarding the rejection. People v. Kitsmiller, 74 P.3d 376 (Colo. App. 2002).