Court Business

• Publication year: 2011
• Pages: 123
• Citation: Vol. 40 No. 6 Pg. 123

40 Colo.Law. 123 Colorado Bar Journal 2011.

2011, June, Pg. 123. Court Business

The Colorado Lawyer
June 2011
Vol. 40, No. 6 [Page 123]

From the Courts

Court Business

Visit the related court's website for complete text of rule changes or proposed rule changes issuedby the court. Each court's website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submittedby the court and has not been editedby the staff of The Colorado Lawyer.

Colorado Judicial Department Chief Justice of the Supreme Court Directives

Notice of Availability

Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. The website lists CJDsby date and allows users to searchby topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtainedby contacting the Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203.

Publication in The Colorado Lawyer

CJDs will be published on a space-available basis in this "Court Business" section of The Colorado Lawyer. Attachments may be omitted for space reasons. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203; or visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.

CJD 04-03 Establishment of Statewide Probation Priorities Amended

Directive establishing statewide probation priorities and their relationship to judicial district management practices; defining the authority of the Supreme Court to issue standards and guidelines for the administration of probation services; establishing authority and scope of contract probation services; and defining the role and responsibilities of the probation program review process, and the creation of the Probation Advisory Committee.

Probation services in Colorado promote public safety through the delivery of four basic functions:

* Pre-sentence investigation services to the courts;

* Supervision and services to offenders based upon "risk of re-offending";

* Victim notification and assistance; and

* Development of community programs in response to specific offender, community and victim needs.

Public safety concerns require that offender supervision resources be directed toward the highest risk offenders in the community. The State Court Administrator shall submit to the Supreme Court for approval standards and procedural guidelines for the administration of probation services, including any specialized programs mandatedby the general assembly. Each district shall develop policies and procedures that assure the maximum efficiency and effectiveness of available probation resources. Such procedures shall emphasize compliance with established standards approvedby the Supreme Court.

PART I. Investigation Services

Investigation services shall be governedby the four levels of priority established in Table 1.

Allocation of appropriated investigation staff resources shall be based upon the priority order of services. Resource limitation may prevent a district from providing all priority one services, as well as lesser priority investigations. Districts may develop a plan, subject to policies established in this directive, to 1) modify the priorities when such modifications are determined necessaryby the Chief Judge and/or 2) utilize contract probation services to provide supplemental support to probation officers in conducting priority two and three investigations. Such plans shall be submitted to the State Court Administrator's Office for review. The procedures for the use of contract probation services shall be as set forth in the Standards for Probation in Colorado, Standard.

All evaluations or pre-sentence investigations, ordered under this Part I, shall include the application of screening and assessment instruments developedby the State Court Administrator's Office.

A. District Court Investigations

District court investigation shall be provided in accordance with applicable law and the Standards for Probation in Colorado. Such standards provide for uniform assessment of offender risk, initial supervision planning and the evaluation of available sentencing options.

B. County Court Misdemeanor Investigations

Probation investigation resources are finite, limiting the availability of pre-sentence investigations in the county courts. In conjunction with the local probation department and other criminal justice agencies, the county courts may implement a screening and assessment procedure for priority 2 investigations, as set forth in the Standards for Probation in Colorado. Such a process shall assist the court in determining referrals to the district probation department or to a contract probation provider. The initial screening and assessment procedure shall be administeredby the sentencing court.

C.Domestic Violence Screening and Assessment

Domestic violence cases shall be initially screened, utilizing the Standards for Probation in Colorado. Domestic violence cases determinedby the court to be a high risk for re-offending may be referred to the probation department for further evaluation or pre-sentence investigation.

D. Victim Impact Statements

Victim Impact Statements shall be included in pre-sentence reports pursuant to C.R.S. 16-11-102. Probation departments shall consider the victim impact statement when developing an initial supervision plan recommended to the court. Initial supervision recommendation should incorporate measures to assure victim safety, as set forth in the Standards for Probation in Colorado.

PART II. Supervision Services

Supervision of probationers shall be governedby the principle of "risk of re-offending." The level of supervision shall be established based upon the initial assessment and subsequent reassessmentsby the probation department. Probationers considered "high risk", irrespective of offense classification or court of sentence shall receive priority services, and be supervised in accordance with the Standards for Probation in Colorado. Given limited resources, non high-risk offenders, either felony or misdemeanor, and certain alcohol related offenders may be supervisedby use of contract probation services, or other alternative means such as volunteer programs and administrative "banked" case load approaches, kiosks and other technical approaches.

PART III. Supplemental Contract Probation Services

As provided in C.R.S. 19-2-204(4) (a) and 18-1.3-202(2) districts may enter into agreements with public or private entities for the provision of probation services. Such agreements may be utilized for investigation services and the supervision of lower risk probationers except that, with approval of the sentencing court, cases involving an offender convicted of Driving Under the Influence, Driving While Ability Impaired, an offender meeting the statutory definition of "Persistent Drunk Driver" or any other case deemed appropriateby the sentencing court, may also be supervised by private probation instead of the district's Alcohol and Drug Driving Safety Program (ADDS). In the event an offender with an alcohol related driving offense is supervisedby private probation, the court shall sentence the offender to probation pursuant to C.R.S. 18-1.3-202 and 204. Adult offenders and offenders with alcohol related driving offenses shall be ordered to pay supervision fees directly to the contract provider. For delinquency petitions under Title 19, juvenile offender services under this Part III shall be paidby the local probation department based upon available allocation. Procedures and contracting provision are set forth in the Standards for Probation in Colorado.

PART IV. Victim Notification and Victim Services

Probation departments shall inform victims at critical stages of supervision as directedby CRS 24-4.1-303. Additionally, departments may expand their victim programs as appropriate and consistent with Probation Standards.

PART V. Community Initiatives: Restorative Justice

Probation is urged to provide the public with opportunities for input regarding the criminal justice system, and to provide assistance, education and support for communities harmedby criminal actions.

A. Public Education:

Probation departments are urged to provide ongoing education in restorative and community justice to probation staff and the community at large.

B. Community Services:

Probation should establish services and sentencing options available to the court that specifically address restoring the community harmedby a criminal action. These services may require establishing working associations and cooperative lines of communication between agencies, non-profit organizations, criminal justice officials, and the public at large.

PART VI. Probation Performance Review

Performance reviews, developedby the Division of Probation Services, will address the performance of essential probation functions and practices (e.g. pre-sentence investigation/intake process; case planning; case management; specialized programs and issues). The Division of Probation Services will develop and submit periodic Performance Reviews. The purposes of the review are: (1) to aid each probation department in assessing performance and program operation in accordance with the prescribed priorities, standards, guidelines, the case classification and assessment system, and research and criminal justice literature; (2) to provide assistance to each probation department in meeting the objectives of probation within the available resources; (3) to aid each probation department in assessing their own performance and...