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Community Corrections: The Growth and Evolution of a System Colorado Commission on Criminal and Juvenile Justice Glenn A. Tapia, Director Office of Community Corrections Division of Criminal Justice Colorado Department of Public Safety 303.239.4448 [email protected] 1 May 10, 2013

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Page 1: Community Corrections -

Community Corrections:

The Growth and Evolution of a System Colorado Commission on Criminal and Juvenile Justice

Glenn A. Tapia, Director

Office of Community Corrections

Division of Criminal Justice

Colorado Department of Public Safety

303.239.4448

[email protected]

1

May 10, 2013

Page 2: Community Corrections -

Presentation Outline • History of Community Corrections • Structural Basics of Community Corrections • Local Control – Historically and Today • Funded History and Capacity of Community

Corrections • Growth and Evolution of Community Corrections

into 2013 • Vision Statement for Community Corrections • Community Corrections Data and Outcomes • Infusion of Evidence Based Practices (EBP) in

Community Corrections • Challenges and Opportunities in Community

Corrections • Macroscopic Summary of Community Corrections

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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How old is Community Corrections compared to

other forms of community-based supervision

Probation Parole Community Corrections

Age in Years 110 61 39

0

20

40

60

80

100

120

Ye

ar

s

Age in Years

1903

1952

1974

4

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Origin of Colorado

“Community Corrections” • Mid 1970s

▫ Local communities (not just the state) should “correct” their own offenders ▫ Local communities have the RIGHT to crime controlled living as well as the

RESPONSIBILITY to control crime ▫ Communities given local control to supervise LOW RISK offenders

• Early 1980s ▫ Community Corrections provides a substantial cost savings as compared

to prison ▫ Expansion and growth of community corrections statewide

• Late 1980s/Early 1990s ▫ First set of Standards developed for community corrections ▫ First auditing performed on programs

• Late 1990s/Early 2000s ▫ Standards Revised, Audits Enhanced ▫ Specialized Treatment programs in community corrections expanded

5

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Original Appeal of Community

Corrections • Community corrections supervision is less costly

than placement in a penal facility.

• In many cases, community corrections clients are employed, and defray the costs of their housing and treatment by making payments.

• Many offenders earn money to pay child support or restitution to their victims, which would be impossible if they were held in prison.

6

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Modern “Halfway Houses”

(Colorado Model) • Serve several types of offenders under current

legal jurisdiction ▫ Diversion – “halfway in” prison ▫ Transition – “halfway out” of prison ▫ Condition of Parole ▫ Condition of Probation

• Regulated and funded by the State of Colorado – Division of Criminal Justice

• Co-regulated and funded by local community corrections boards

7

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Specialized Treatment in Community

Corrections • Intensive Residential Treatment (Substance

Abuse)

• Therapeutic Community (Mental Illness, Substance Abuse)

• Residential Dual Diagnosis Treatment (Mental Illness/Substance Abuse)

• Sex Offender Supervision and Treatment

11

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Division of Criminal Justice (DCJ)

Statutory Responsibilities • Administer Funding to Boards/Program

($56,000,000 in FY13)

• Establish State Standards for Program Performance

• Audit for Compliance with Standards

• Measure and Report Program Performance

• Training and Technical Assistance to Boards and Programs

13

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Division of Criminal Justice

(DCJ) (Office of

Community Corrections)

Colorado Department of Public Safety (CDPS)

Community Corrections Board (Judicial District)

Community Corrections Board (Judicial District)

Community Corrections Board (Judicial District)

Community Corrections Board (Judicial District)

Community Corrections Board (Judicial District)

Community Corrections Board (Judicial District)

Program Program Program Program Program Program

Colorado Department of Corrections

Colorado Probation Departments

Colorado Division of Behavioral Health

14 Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Colorado Providers/Programs

• 34 residential facilities throughout the state

▫ Urban

▫ Rural

• Various forms of organizational structure

▫ For Profit

▫ Non Profit

▫ Local Government

15

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• Administration ▫ Legal Entity ▫ Fiscal Operations/Audits

• Personnel ▫ Staff Qualifications ▫ Staff Training ▫ Ethics and Staff Management

• Management Controls ▫ Internal Auditing ▫ Supervising Sex and Domestic Violence

Offenders ▫ Victim Notification ▫ DNA Testing ▫ Critical Incident Notification

• Security ▫ Intakes ▫ Alcohol/Drug Testing ▫ Off Site Supervision/Monitoring ▫ On Site Surveillance ▫ Contraband Management ▫ Escape Procedures

• Facilities ▫ Physical Facility Requirements ▫ Safety Management ▫ Health/Sanitation Controls

• Case Management ▫ Offender Assessment and Treatment ▫ Confidentiality Procedures ▫ Reporting Requirements ▫ Discharge Processes ▫ Offender Fiscal Management (Fines, Fees, etc)

16

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Program Compliance With State

Standards • 125 State Standards

• Standards Prioritized by Subject Matter Experts

▫ Public Safety Effect

▫ Offender Treatment Effect

▫ Offender Management Effect

• DCJ Audits of Program Compliance

• Corrective Action Required

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Benefits of Residential Community

Corrections • 24 hour supervision and surveillance • High structure in programming and supervision • Allow for employment and wide range of services for

criminogenic needs • Offenders pay into restitution, child support, supervision

costs, and state/federal tax base • Cost Savings

▫ Half the cost (per day) of prison Prison = $89 per day (average) Halfway House - $38 per day

▫ Even lower cost than prison due to shorter length of stay Avg LOS in halfway house is 6 months Avg prison placement is roughly 2 years

19

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The Colorado Model is Grounded on Local Control

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Original Role of Local Control

• Zoning to facilitate upstart and implementation of community corrections

• Garnering local-level political support for the program

• Screening of cases for admission into community corrections

• Sustainable support for community corrections

21

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The Contemporary Role:

Local Control eventually becomes Local Support

• Administer state funds for community corrections • Assure that providers are compliant with state

standards, local standards, and all levels of law • Serve as initial regulatory agency in cases of complaints

from citizens, offenders, families, or crime victims • Work with local governments to advance community

corrections programs (i.e. specialized programs) • Educate, train, and collaborate with communities, local

officials, other criminal justice agencies • Work with local governments to expand zoning and

support for community corrections • Enforce components of the Victims Rights Amendment

(VRA) • Screen referrals for placement into halfway houses to

promote public safety

22

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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Local-Level Innovations

• Jefferson County - JERP Program

• Mesa County - CARR Program

• Larimer County - Women’s Program

• Arapahoe County - ARCHES program

• Denver - Structured Board Decision Making Process Matrix

23

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Funding Basics

• State Paid Per Diem - $37.74 Daily Rate

▫ All programs for basic residential services

• Differential Per Diem– (various rates)

▫ Applied only to specialized programs

• Offender-Paid Subsistence - $17.00 Daily Rate

▫ Actual subsistence collections - $11-12 daily

25

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Funding History

27

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FY07 FY08 FY09 FY10 FY11 FY12

General Fund Reversion $1,095,614 $555,918 $1,217,651 $2,415,360 $1,884,331 $2,568,331

Overall Expenditures $44,551,499 $47,465,676 $52,072,245 $50,733,495 $52,567,847 $53,873,465

Overall Budget Line $45,647,113 $48,021,595 $53,289,896 $53,148,855 $54,452,178 $56,441,796

Expenditure Line $44,551,499 $47,465,676 $52,072,245 $50,733,495 $52,567,847 $53,873,465

$-

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

Do

lla

rs

6-Year Expenditure and Reversion History

Colorado Community Corrections

28 Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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FY01 FY02 FY03

(1) FY03

(2) FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13

Per Diem $36.8 $37.7 $37.7 $34.7 $34.7 $34.7 $35.3 $36.6 $37.1 $37.7 $37.7 $37.7 $37.7 $37.7

$30.00

$31.00

$32.00

$33.00

$34.00

$35.00

$36.00

$37.00

$38.00

$39.00

Pe

r D

iem

Community Corrections Per Diem History

FY01 to FY13

Boards: 20% Reduction to Admin

Budget

29 Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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FY14 Expectations

(JBC Figure Setting)

Bed Type Average Daily Population

Change from FY13

Standard Residential 2706 -175

Non-Residential Slots 780 -190

TC 223 +35

RDDT 134 +10

JERP 26 +11

Sex Offender 42 +16

IRT 131 +10

Day Treatment 8 0

Outpatient TC 99 -5

TOTAL 4149 -287

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Rates of Mental Illness is Growing

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The competing goals of corrections in general

• Punishment (Retribution)

• Incapacitation (Removal)

• Deterrence (Prevention)

• Cost Savings/Control

• Restoration (Reparation)

• Rehabilitation (Behavior Change)

39

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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The competing goals of corrections in general

• Punishment (Retribution)

• Incapacitation (Removal)

• Deterrence (Prevention)

• Cost Savings/Control

• Restoration (Reparation)

• Rehabilitation (Behavior Change)

40

Colorado Commission on Criminal and Juvenile Justice 5/10/2013

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The competing goals of corrections in general

• Punishment (Retribution)

• Incapacitation (Removal)

• Deterrence (Prevention)

• Cost Savings/Control

• Restoration (Reparation)

• Rehabilitation (Behavior Change)

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DOC Offenders Released to Community

37%

63%

Through Community Corrections

Without Community Corrections

44

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Success and Technical Violation Trends

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General Reasons for Technical Violations

Substance Use Related

36%Other

Program Violations

64%

FY12 - Categorical Reasons for Technical Violations

47

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FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08

12 Month 14.4% 13.4% 14.6% 15.2% 15.4% 16.4% 18.3% 16.7% 14.6%

24 Month 23.9% 26.5% 25.7% 23.9% 23.9% 27.8% 29.3% 28.1% 26.8%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Re

cid

ivis

m R

ate

Recidivism Data in Community Corrections

Terminations from FY00 Through FY08

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EBP Interventions Used in Colorado

Community Corrections • Risk Needs Assessment

• Treatment Matching

• Cognitive-Behavioral Therapy

• Therapeutic Communities

• Support with Families and Natural Communities

• Motivational Interviewing (in progress)

• Contingency Management (under development)

• Risk-Based Sanctioning (under development)

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New Evidence-Based Interventions in Community

Corrections • Behavioral Shaping Model and Reinforcement Tool (B.SMART)

▫ The Behavioral Shaping Model is a structured sanctions grid that assists providers in responding to program violations in a manner that is consistent with evidence-based principles..

▫ The Reinforcement Tool is a structured process in order to implement Contingency Management which is a well-researched evidence-based approach to effecting long-term behavior change. This process provides structured incentives to offenders who exhibit pro-social behavior in order to reinforce their habitualization of conventional and desired behaviors.

• Evidence Based Progression Matrix ▫ The goal of this project is to develop evidence-based criteria for offenders to progress

through the community corrections residential level system before being released to Non-Residential or ISP-I status.

• Motivational Interviewing (EPIC) ▫ A grant-funded initiative through the Department of Public Safety. The Evidence

Based Practices Implementation for Capacity (EPIC) staff in CDPS are working to implement MI in some community corrections programs

• Structured Progress Feedback ▫ This process is one of the current CCCS supported by evidence-based principles and is

required of all providers. In 2012, OCC staff developed a technical assistance and coaching manual to implement this standard which facilitates implementation of the Risk/Needs/Responsivity principle for offenders

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Implementation Strategy

for EBP in Community Corrections

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

Local Regulatory Standards

ACA Standards

State Community Corrections Standards

Managed Service Organization

Behavioral Health

Organization

Mental Health Best Practice

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

Local Regulatory Standards

ACA Standards

State Community Corrections Standards

Sex Offender Management Standards

Managed Service Organization

Behavioral Health Organization

Mental Health Best Practice Standards

Substance Use Disorder Standards

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Challenges Toward Implementation (Integrating Regulatory Standards and EBP)

Behavioral Health

Standards

Corrections Standards

Local Regulatory Standards

ACA Standards

State Community Corrections Standards

Sex Offender Management Standards

Managed Service Organization

Behavioral Health Organization

Mental Health Best Practice Standards

Substance Use Disorder Standards

Prison Rape

Elimination Act

(PREA)

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Integrating 3 Parts Into a Whole

• While Mental Health and Substance Abuse systems are learning from each other (integrated Dual Dx agency), this same integrating system must also learn from the correctional/criminal justice system.

Residential Dual Diagnosis Supervision and Treatment

Corrections

Mental Health

Substance Abuse

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Other General Challenges

• High staff turnover

• Static Per Diem and only partial collections on subsistence

• Recruiting and retaining clinical staff – especially in rural areas

• Challenges with progress reporting from community-based treatment providers

• 37% of DOC releases go through Community Corrections

64

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Challenges with Sex Offender Management

• High staff turnover results in high demand for SOMB training for staff (Longevity of sex offender specialists is a benefit for long-term compliance)

• Low offender income – high treatment costs • Computer access – limits job search options (some

employers require online applications) • Access to mental health services is even more

limited for sex offenders • Beginning treatment immediately – due to inability

to pay • Poor treatment progress reporting from treatment

providers

65

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Current Factoids:

Sex Offenders in Community Corrections

(February 2013)

Factoid Info

# of Boards with Residential Facilities 15

# of Boards that accept Sex Offenders 13 (87%)

# of Boards that accept SVP 5

# of Residential Facilities 34

# of Residential Facilities that accept Sex Offenders 16 (47%)

# of Diversion Sex Offenders in Community Corrections 80

# of Transition/Parole Sex Offenders in Community Corrections 131

Total Number of Sex Offenders in Community Corrections 211

# of Budgeted Specialized beds for Sex Offenders in Community Corrections

30

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Colorado Commission on Criminal and

Juvenile Justice (CCJJ)

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A Macroscopic View of Community Corrections

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Pace of Growth

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Implementation

FY03 FY13 10 Year Growth

$36 Million Budget $56 Million 56%

33 Regular Programs 36 Regular Programs 9%

5 Specialized Programs 21 Specialized Programs 320%

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Residential Supervision of Diversion and Transition

Felons

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Residential Supervision of Diversion and Transition

Felons

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Intensive Residential Treatment

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Dual Diagnosis Intensive Residential

Treatment

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Dual Diagnosis

Higher Risk Offenders

Intensive Residential Treatment

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Dual Diagnosis

Sex Offenders Higher Risk Offenders

Intensive Residential Treatment

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Dual Diagnosis

Sex Offenders

Higher Risk Offenders

Intensive Residential Treatment

Condition of Parole

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Outpatient TC

Dual Diagnosis

Sex Offenders Higher Risk Offenders

Intensive Residential Treatment

Condition of Parole

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually

Diagnosed

Outpatient TC

Dual Diagnosis

Sex Offenders

Higher Risk Offenders

Condition of Probation

Intensive Residential Treatment

Condition of Parole

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually

Diagnosed

Outpatient TC

Dual Diagnosis

Sex Offenders

Higher Risk Offenders

Housing for Homeless

Parole

Condition of Probation

Intensive Residential Treatment

Condition of Parole

Non-Residential

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Residential Supervision of Diversion and Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Outpatient TC

Dual Diagnosis

Sex Offenders

Higher Risk Offenders

Housing for Homeless

Parole

Emergency Housing for

Dually Diagnosed

Condition of Probation

Intensive Residential Treatment

Condition of Parole

Non-Residential

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Residential Supervision of Diversion and

Transition

Felons

Therapeutic Community

Modified TC for Dually Diagnosed

Outpatient TC

Dual Diagnosis

Sex Offenders

Higher Risk Offenders

Housing for Homeless

Parole

Emergency Housing for

Dually Diagnosed

Misdemeanor Drug

Offenders

Condition of Probation

Intensive Residential Treatment

Condition of Parole

Non-Residential

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General Societal Demands of a Product

or Service

Good

(Effective)

Fast

(Efficient)

Cheap

(Affordable)

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Page 87: Community Corrections -

General Societal Demands of a Product

or Service

Good

(Effective)

Fast

(Efficient)

Cheap

(Affordable)

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Page 88: Community Corrections -

General Societal Demands of a Product

or Service

Good

(Effective)

Fast

(Efficient)

Cheap

(Affordable)

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Page 89: Community Corrections -

General Societal Demands of a Product

or Service

Good

(Effective)

Fast

(Efficient)

Cheap

(Affordable)

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Page 90: Community Corrections -

Summary/Themes • The 2013 definition of local support is broader

and deeper than local control in 1974

• Colorado Community Corrections is relatively young and has grown rapidly

• Offenders in Community Corrections are higher risk and higher need than in the past

• Community Corrections is becoming increasingly specialized

• Community Corrections is highly regulated and many state standards are not evidence-based

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Page 91: Community Corrections -

Opportunities for Growth • Increase the “37%” statistic • Carefully, methodically, and scientifically infuse

EBP into community corrections • Define the goals/expectations/demands • Address the need for enhanced sex offender

supervision • Address other areas such as high turnover/staff

retention • Increase success rates/control technical violation

rates • Resource the state and local level to meet the

desired goals • Resolve the good/fast/cheap dilemma

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Page 92: Community Corrections -

Director, Office of Community Corrections Division of Criminal Justice Colorado Department of Public Safety 303.239.4448 [email protected]

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