2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › CORRECTIONAL FACILITIES AND PROGRAMS (§§ 17-18-101 — 17-34-102) › PROGRAMS (§§ 17-27-101 — 17-34-102) › Article 33 - REENTRY PROGRAM (§§ 17-33-101 — 17-33-103) › Section 17-33-101 - Reentry planning and programs for adult parole - grant program - rules - reports - definition - repeal

(1)
The department shall administer appropriate programs for offenders prior to and after release to assist offenders with reentry into society based upon the assessed need as determined by the executive director and suitability of individual offenders for such services. The department shall administer the reentry programs in collaboration with the division of adult parole in the department and the youthful offender system in the department.
(2)
The department shall design the reentry program to reduce the possibility of each offender returning to prison, to assist each offender in rehabilitation, and to provide each offender with life management skills that allow him or her to function successfully in society.
(3)
On and after July 1, 2014:
(a)
The department shall develop and implement initiatives within the department specifically designed to decrease recidivism, enhance public safety, and increase each incarcerated person's chances of achieving success upon the incarcerated person's release into the community.
(b)
The department shall track the long-term recidivism rates of persons who were formerly incarcerated who participated in reentry services and programs. The department shall provide data on all individuals who participate in reentry services and programs regarding:
(I)
The type and level of offense of the controlling sentence;
(II)
Length of the controlling sentence;
(III)
Risk of reoffense based on a risk assessment instrument validated for individuals on parole;
(IV)
Number of individuals in prison past the individual's parole eligibility date;
(V)
Number of individuals granted discretionary parole at the individual's first parole application hearing;
(VI)
Number of individuals granted discretionary parole at any subsequent parole application hearing;
(VII)
Number of individuals released at mandatory release date;
(VIII)
Recidivism at six months, one year, two years, and three years following release, disaggregated by whether the return to prison was the result of a new conviction, including the type and level of offense, or only for a violation of a condition of release; and
(IX)
For sections (I) through (X), the data must be disaggregated by race and gender.
(c)
Beginning in January 2024, and every year thereafter, the department shall provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a report with the information in subsection (3)(b) of this section, during the department's presentation at hearings held pursuant to the "SMART Act".
(4)
Subject to appropriations, on and after July 1, 2014, the department shall develop and implement initiatives specifically designed to assist offenders in a correctional facility to prepare for release to the community. An initiative developed and implemented pursuant to this subsection (4) may include, but need not be limited to, the following components:
(a)
Enhanced case management capabilities to allow case managers the ability to create individualized institutional case plans that help address the offender's assessed risks and needs;
(b)
Pre-release specialists to develop pre-release plans and programs for offenders;
(c)
The assignment of community parole officers to facilities so that each offender has an understanding of the expectations of community supervision, available services, and parole; and
(d)
Transportation for high-risk and high-needs offenders, as defined by the department, who are being released from a correctional facility to a community parole office, to help provide effective supervision, enhance public safety, and expedite critical services.
(5)
Subject to appropriations, on and after July 1, 2014, the department shall develop and implement initiatives specifically designed to assist each offender's transition from a correctional facility into the community. An initiative developed and implemented pursuant to this subsection (5) may include, but need not be limited to, the following components:
(a)
An evidence-based cognitive behavioral program for offenders;
(b)
Community-based mental health consultants to provide assistance with case planning and to consult with and train community parole officers concerning how to secure appropriate and available mental health services for parolees in the community;
(c)
In collaboration with the state department of labor and employment created in section
24-1-121
, C.R.S., or any other employment or job training program within the community, initiatives to help offenders in the community obtain employment, job placement, or training;
(d)
Reentry specialists to help offenders successfully reenter the community;
(e)
Consolidation and expansion of emergency assistance contract funding to effectively provide assistance to parolees in the community; and
(f)
A program to provide medication-assisted therapies to eligible offenders.
(6)
Subject to appropriations, on and after July 1, 2014, the department shall make necessary operational enhancements and develop and implement initiatives specifically designed to ensure that the department has the proper equipment, training, and programs to properly supervise offenders in the community to enhance public safety. An initiative developed and implemented pursuant to this subsection (6) may include, but need not be limited to, the following components:
(a)
A comprehensive staff training program that:
(I)
Is consistent with research and evidence-based practices;
(II)
Enhances basic training and provides annual in-service training for community parole officers and staff; and
(III)
Creates staff development within the division of adult parole so that the division will effectively supervise offenders through successful reintegration;
(b)
Acquisition of equipment and resources that will effectively monitor and respond to tampering and other alerts released by electronic monitoring units;
(c)
Establishment of an equipment replacement plan for enhanced community parole officer safety; and
(d)
Enhancements to parole information technology and parolee tracking systems.
(7)
(a)
Subject to appropriations, on and after January 1, 2015, the department shall develop and implement a grant program to provide funding to eligible community-based organizations that provide prerelease and parole planning services to people in prison and reentry services to people on parole or inmates transitioning through community corrections. The department shall administer the grant program in accordance with policies developed by the executive director pursuant to subsection (7)(b) of this section.
(b)
On or before January 1, 2015, the executive director shall develop policies for the administration of the grant program, including but not limited to the following:
(I)
A process for determining eligibility criteria for a community-based organization, including but not limited to a community-based organization that serves as an intermediary on behalf of a collaboration of eligible community-based organizations, to receive a grant from the grant program;
(II)
A process and timeline whereby a community-based organization may apply for a grant from the grant program;
(III)
A process for determining the amount of each grant that is awarded to an eligible community-based organization;
(IV)
A process for establishing data-reporting requirements for each eligible community-based organization that receives a grant from the grant program; and
(V)
A process for determining the maximum amount of moneys that an eligible community-based organization may receive from the grant program in a single fiscal year.
(c)
In developing policies for the administration of the grant program pursuant to paragraph (b) of this subsection (7), the executive director may require that staff members of an eligible community-based organization seeking funding from the grant program must submit to a criminal background check before an award decision is made. However, the executive director may not exclude a community-based organization from receiving grant moneys solely because one or more staff members of the community-based organization has a criminal record. If the executive director determines that one or more staff members of an applicant eligible community-based organization has a criminal record, he or she shall consider the factors described in section
24-5-101 (4)
, C.R.S., before deciding whether to award grant moneys to the community-based organization.
(d)
The executive director, or his or her designee, shall make the final decision whether to award or deny a grant from the grant program.
(e)
In awarding grants from the grant program each fiscal year, the department:
(I)
Shall release as much as one quarter of the amount annually appropriated to the grant program to the intermediary described in subsection (7)(b)(I) of this section at the beginning of each fiscal year. The intermediary shall determine how much of this amount is awarded to each community partner as an advance portion of grant money to be awarded to the community partner.
(II)
Shall not award any grant money in excess of the amount in the fund.
(f)
The department shall expand the grant program in the 2018-19 fiscal year to maximize the total number of grantees; add grantees in underserved communities, especially in rural areas; and add one or more grantees that specialize in serving the reentry needs of women offenders.
(f.5)
(I)
The community-based reentry services cash fund, referred to in this subsection (7) as the "fund", is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(II)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(III)
Money in the fund is continuously appropriated to the department for the grant program developed pursuant to this subsection (7).
(IV)
Repealed.
(IV.5)
(A)
The general assembly shall appropriate $1,167,297 to the fund for fiscal year 2021-2022 from the savings from enactment of Senate Bill 21-146. Any money remaining in the fund after July 1, 2022, remains in the fund and may be spent by the department in fiscal year 2022-2023.
(B)
The general assembly shall appropriate $1,481,662 to the fund for fiscal year 2022-2023 from the savings from enactment of Senate Bill 21-146.
(V)
The state treasurer shall transfer all unexpended and unencumbered money in the fund on September 1, 2023, to the general fund.
(g)
This subsection (7) is repealed, effective September 1, 2028. Before its repeal, the department of regulatory agencies shall review the grant program in accordance with section
24-34-104
.
(8)
Repealed.
(9)
For purposes of this section, "recidivism" means a return to prison in Colorado for either new criminal activity or a technical violation of parole, probation, or non-departmental community placement within three years of release.
Amended by 2023 Ch. 213,§ 1, eff. 8/7/2023.
Amended by 2021 Ch. 459,§ 14, eff. 7/6/2021.
Amended by 2021 Ch. 459,§ 5, eff. 7/6/2021.
Amended by 2019 Ch. 179, § 1, eff. 5/14/2019.
Amended by 2018 Ch. 321, § 2, eff. 5/30/2018.
Amended by 2017 Ch. 92, § 8, eff. 8/9/2017.
Amended by 2016 Ch. 83, § 15, eff. 4/14/2016.
Amended by 2014 Ch. 350, § 1, eff. 6/6/2014.
L. 2004: Entire article added, p. 448, § 1, effective April 13. L. 2014: Entire section amended, (HB 14-1355), ch. 1570, p. 1570, § 1, effective June 6. L. 2016: (7)(f) amended, (HB 16 -1192), ch. 234, p. 234, § 15, effective April 14. L. 2017: (8) amended, (SB 17 -031), ch. 282, p. 282, § 8, effective August 9. L. 2018: (7)(a), (7)(e), and (7)(f) amended and (7)(g) added, (HB 18-1176), ch. 1926, p. 1926, § 2, effective May 30. L. 2019: (7)(e)(II) amended and (7)(f.5) added, (SB 19-064), ch. 2036, p. 2036, § 1, effective May 14. L. 2021: (7)(a) amended and (7)(f.5)(IV.5) added, (SB 21-146), ch. 459, pp. 3083, 3089, §§ 5, 14, effective July 6.
(1) Subsection (8)(b) provided for the repeal of subsection (8), effective January 2, 2019. (See L. 2017, p. 282 .)
(2) Subsection (7)(f.5)(IV)(B) provided for the repeal of subsection (7)(f.5)(IV), effective July 1, 2021. (See L. 2019, p. 2036.)
2023 Ch. 213, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 18-1176, see section 1 of chapter 321, Session Laws of Colorado 2018.