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Colorado's new pretrial bail law, H.B. 13-1236, "represents an important step forward in Colorado pretrial justice as well as significant movement toward creating a model bail statute; the process used to create it, and even the compromises contained therein, may also serve as a template for other states struggling to address global issues in bail reform. This article summarizes the new law, factors and events leading to its creation, and the research behind the CCJJ’s recommendations underlying the statutory changes. By doing so, the author of this paper hopes to help guide those involved in the administration of bail through the process of moving from a primarily cash-based system toward more rational, transparent, and fair pretrial practices … In 2014, the General Assembly passed Senate Bill 14-212 (“Concerning Clarifying Changes to the Provisions Related to Best Practices in Bond Setting,” effective July 1, 2014), which made several modifications to the Colorado bail statute as redrafted pursuant to H.B. 13-1236" (p. 1-2). Sections of this report include: introduction; a brief history of Colorado pretrial bail laws; Colorado constitution; Colorado statutes; the Colorado Commission on Criminal and Juvenile Justice (CCJJ); motivation for reform; CCJJ Bail Subcommittee and its three recommendations; legislative debate; Colorado's new pretrial bail provisions; Definition of Bail - Paragraph 16-1-104 C.R.S. (2013); Eligibility/Bailable Offenses – Paragraph 16-4-101 C.R.S. (2013); Right to Bail – Paragraph 16-4-102 C.R.S. (2013); Setting and Selection Type of Bond/Criteria - Paragraph 16-4-103 C.R.S. (2013) and 2014 legislative changes; Types of Bond - Paragraph 16-4-104 C.R.S. (2013) and 2014 legislative changes; Conditions of Release - Paragraph 16-4-105 C.R.S. (2013) and 2014 legislative changes; Pretrial Services Programs - Paragraph 16-4-106 C.R.S. (2013) and 2014 legislative changes; Hearing After Setting of Monetary Conditions - Paragraph 16-4-107 C.R.S. (2013) and 2014 legislative changes; additional provisions and 2014 legislative changes; and conclusion.

Best Practices in Bond Setting: Colorado’s New Pretrial Bail Law: Revised Edition Cover

Access is provided to an alphabetized collection of sample forms related to juvenile corrections. These forms range from "Allegation of Abuse Worksheet" to "Critical Incident Report", "MAYSI- and SIRS-R Decision Tree and Quick Reference Sheet", "Parole Supervision Grid", "Religious Diet", "Transgender & Intersex Search Procedure Training", "What You Should Know about Sexual Abuse Brochure".

Colorado of Department of Human Services Youth Services Forms cover

This article looks at the Colorado’s EBP Project for Implementation Capacity (EPIC). “EPIC is a pilot demonstration project to test the efficacy of implementation strategies, especially ones for improving corrections’ capacity for implementing EBPs. This project emphasizes building capacity to implement by focusing on developing a certain set of skills within a select set of staff in 17 different corrections organizations. The skills emphasized are offender assessment, cognitive behavioral treatment (CBT) coaching and MI. MI was selected as the primary innovation and EBP to roll out in the local pilot agencies because its applications are ubiquitous and criteria for MI fidelity are clearly established and can be monitored with adequate planning and resources” (p. 50). Sections of this publication include: project background—skills, roles, motivation, socio-technical environment, and traits; three strategies of the EPIC Staff Development System—collaborative engagement, scaffolding skills and mastery, and new norms and organizational practices that empower staff and promote transparency; MITI-3 (Motivational Interviewing Treatment Integrity) thresholds for MI (motivational interviewing) competency; organizational transparency; and conclusion.

EBP: The Implications of Supervision: Strategies for Improving Corrections' Capacity for Implementing EBPs: The Colorado EBP Project for Implementation Capacity (EPIC) Staff Development System Cover

This Amnesty International report discusses "concerns about conditions of severe isolation at the United States Penitentiary, Administrative Maximum facility in Colorado. It also examines conditions in Special Management Units and Security Housing Units operated at other federal prison facilities." Sections include: introduction--restrictions on access to ADX, lack of transparency regarding BOP use of isolation and long-term isolation in other parts of the federal system, and prisoners held in solitary confinement in pre-trial federal detention; further observations on conditions in ADX--conditions in General Population UNITS, exercise, in cell activities and programming, contact with staff, the Step-Down Program (SDP), prisoners in ADX more isolated than before, length of time in isolation/access to the SDP, lack of clear criteria or safeguards for progressions to the SDP, Special Security Unit (SSU) H-Unit, Control Unit, SHU, and Range 13, and mentally Ill Prisoners at ADX; overview of US obligations under international law and standards and U.S. Law and Standards; and recommendations.

Entombed: Isolation in the US Federal Prison System Cover

This is an article regarding the statewide implementation of evidence-based correctional practice. The Evidence-Based Practices Implementation for Capacity (EPIC) is a collaborative effort of five agencies in Colorado that “seeks to change the way correctional agencies conduct daily business by changing the ways that correctional staff interact with offenders” (p. 2). Mental Health First Aid training is one EPIC intervention aimed at detecting and helping people with mental health problems. Motivational Interviewing (MI) is another EPIC intervention and is described quite well. This article covers MI and corrections in the 21st century, the MI training and coaching process, stages of change, and the identification and addressing of criminogenic needs. Sections of this resource include: implementation science; selected interventions; EPIC accomplishments so far—1900 professionals trained for Mental Health First Aid and nearly 300 for MI, and and increase in offender “change talk” with declines in the use of multiple sequential questions (questions which lead to offender defensiveness).

Evidence-Based Practices Implementation for Capacity (EPIC) Cover

Anyone looking to reduce the amount of beds they need for pretrial detention should read this publication. It explains why evidence-based assessment of offenders can help reduce the need for current levels of or increased need for pretrial detention capacity. “Evidence-based assessment of the risk a defendant will fail to appear or will endanger others if released can increase successful pretrial release without financial conditions that may defendants are unable to meet. Imposing conditions on a defendant that are appropriate for that individual following a valid pretrial assessment substantially reduces pretrial detention without impairing the judicial process of threatening public safety” (p. 2). This document is divided into five sections: introduction; the law; the consequences of pretrial release versus incarceration; evidence-based risk assessment—the lesson of “Moneyball” and the challenge of adopting new practices; and the way forward.

Policy Paper Cover

The Colorado Improving Supervised Pretrial Release (CISPR) Project, an innovative pretrial initiative, is described. This article contains these sections; introduction; aims of the CISPR Project; and CISPR phases -- develop statistically validated pretrial release risk assessment instrument, match risks and interventions, educate system stakeholders, prepare documentation, assist with local implementation, and solidify progress. Phase I should last through 2008 with following phases continuing through 2009.

Improving Pretrial Assessment Cover

Thomson, Chelsea, Leah Sakala, Ryan King, and Samantha Harvell

Urban Institute (Washington, DC)

“In this report, we highlight Colorado's Work and Gain Education and Employment Skills (WAGEES) program, which represents one of the first partnerships between a state department of corrections and local community organizations to support community-driven public safety investment. The report describes the WAGEES program and shares lessons learned for other states interested in exploring a community-based public safety investment strategy … With more than half of states already taking steps in the last decade to reduce the number of people under correctional control, WAGEES is a strong example for how funds saved can be reinvested beyond the traditional criminal justice system.”

“This report examines past and continued use of solitary confinement by the Colorado Department of Corrections (CDOC) to manage mentally ill prisoners; considers the moral, fiscal, safety and legal implications of CDOC’s continued warehousing of mentally ill prisoners in solitary confinement; and makes recommendations to bring Colorado’s prisons in line with modern psychiatric, correctional and legal standards” (p. 1). Sections following an executive summary include: key facts and findings; policy recommendations; introduction; background; seriously mentally ill prisoners living in isolation-- “Case Study: Descent into Madness”; discipline of mentally ill prisoners in solitary confinement—“Case Study: The Tower of Power”; out-of-cell time for mentally ill prisoners; mental health staffing levels; conclusion and final recommendations; and photos of administrative segregation at CSP (Colorado State Penitentiary). “While the Residential Treatment Program was initiated in early 2013 as a means of providing intensive mental health care to prisoners with the most significant mental health needs, CDOC continues to resort to solitary confinement to manage many mentally ill prisoners” (p. 1).

Out of Sight, Out of Mind: Colorado’s Continued Warehousing of Mentally Ill Prisoners in Solitary Confinement Cover

"Over the last few years, Colorado has been working on statewide pretrial justice reform and seen incredible advancements in legislation, policy, and practice. This video chronicles their journey so far in working to establish safe, fair, and effective pretrial justice in the state."

Pretrial Justice: The Colorado Story Cover


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