JUSTICE ADVISORY COUNCIL OF THE PIKES PEAK REGION JAIL UTILIZATION PLAN June 2004 FURTHER INFORMATION Henry Sontheimer, Criminal Justice Planner El Paso County (719) 520-7498 henrysontheimer@elpasoco.com
OVERVIEW The Justice Advisory Council of the Pikes Peak Region asserts and affirms that the County s jail facilities are an important and integral part of the local criminal justice process. The jail represents the most visible element of the sanctions imposed by the courts and certainly the most restrictive of such sanctions. The jail is used for both pre-trial inmates and sentenced local offenders. To enhance public safety and to operate safely for both staff and inmates, the jail should operate at or below operational capacity limits as determined by the Sheriff s Office. The Council recognizes the leadership and vision of the Board of County Commissioners in moving forward with new jail facilities. If these facilities are to be a long term solution to past overcrowded conditions and are to remain within operational capacities, the leaders of the criminal justice community recognize that jail space must be used prudently. In developing this Plan the Council acknowledges the diverse interests of policy makers and practitioners in the Criminal Justice Community and that the Council, through this Plan, cannot dictate what each person or element of the criminal justice system must do to ensure its success. However, by asserting a Statement of Principles, Benchmarks, Assets and Remediation the Council seeks to gain consensus through this Plan, to continually evaluate it, and to provide a legacy for future leaders of the community.
THE PLAN The Jail Utilization Plan consists of four elements: Statement of Principles, Assets, Benchmarks and Remediation. The Statement of Principles is a set of declarative statements addressing the use of the jail and the many alternatives to jail confinement which are available and in use in the El Paso Criminal Justice Community. Assets are resources available to the County to assist in meeting the goals of the Plan. Examples include the existing jail facilities, the work release contract to house jail prisoners off-site, the County s Personal Recognizance Bond Program, and other alternatives to jail incarceration such as probation and electronic monitoring. Benchmarks are quantitative criteria used to measure conformity with the Plan. An example might be annual jail population targets which, if adhered to, will allow the jail to meet the County s needs for the life of the jail bonds. Benchmarks should take into account factors which are likely to impact demand for jail space, such as County population growth, local crime rates, and any major legislation or policy changes related to the criminal justice system. All benchmarks will be continually monitored and assessed and periodically reported. Remediation is a process to bring principals in the criminal justice system together to discuss and remedy, where possible, aberrations in benchmarks which lead to an increase in the jail population above expected norms.
I. Statement of Principles This Statement of Principles is a set of declarative statements addressing the use of the jail and the many alternatives to jail confinement which are available and in use in the El Paso Criminal Justice Community. 1. The purpose of the jail is to promote public safety and serve the criminal justice system by enabling the County and the Sheriff to meet their statutory obligations regarding the detention, safekeeping, and confinement of lawfully committed persons and prisoners. 2. The purpose of the Jail Utilization Plan is to: establish the principles underlying the functioning of the jail; promote cooperative efforts by all key criminal justice agencies to manage the jail population; establish benchmarks for and monitor jail population growth; and, define how such benchmarks will be maintained. 3. The expanded jail ought to meet the County s needs at least until the construction bond is paid off (target date = 2027). The new jail space should be opened incrementally according to a schedule consistent with the Jail Utilization Plan. 4. Any net revenue from new outside contracts to house prisoners should be used to pay off the jail bonds early, rather than going into the County General Fund. Contracts with outside agencies for jail space should be entered into only after local jail space needs are met. 5. The operational capacity of the jail at each stage of the Jail Utilization Plan must be defined, recognized, and maintained to promote the safe operation of the jail facilities. 6. A full continuum of available sanctions is required to allow for appropriate dispositions which address sentencing goals such as offender accountability and public safety. 7. Proactive approaches such as prevention programs and substance treatment help reduce future demand for jail space. 8. The criminal justice system should identify and divert special populations from the jail by working with public and private agencies to offer appropriate services in a non-jail setting. 9. Work release inmates should be housed in a setting which is consistent with their minimum security status and minimizes possible disruptions to jail operations. 10. Empirical methods should be used to monitor the ongoing effectiveness of the jail usage plan and to provide regular feedback to system users and the public.
II. Assets This Plan recognizes that the El Paso County Criminal Justice community is one which has labored over the years to establish communication and cooperation among its various elements and actors. This Plan would not be possible without the spirit of cooperation and mutual problem solving exhibited through the many years the Council has existed and worked to improve the delivery of criminal justice services to the community. Indeed, such cooperation and mutual problem solving is the principal Asset to this Plan. The following Assets are additional examples of resources available to the County to assist in meeting the goals of the Plan. County jail facilities: Metro, CJC, MSU Contracted (off-site) work release and transitional work release capacity County PR Bond program Commercial bail bond programs Justice Advisory Council Technical assistance available from NIC Jail diversion programs (e.g., Drug Court, Fast Track, Juvenile Diversion) Electronic monitoring sanction alternatives Prevention programs (e.g., Joint Initiatives) Rehabilitation programs (e.g., Gateway Through the Rockies, Mental Health Aftercare grant program) Treatment providers (e.g., PPMH, EPC Health Dept., AA, NA) Criminal Justice Planning Attached to this Plan is a chart identifying a list of jail alternative programs currently available in El Paso County. This list will be updated as required.
III. Benchmarks The Benchmarks are quantitative criteria used to measure conformity with the Plan. An example might be annual jail population targets which, if adhered to, will allow the jail to meet the County s needs for the life of the jail bonds. Benchmarks will take into account factors which are likely to impact demand for jail space, such as County population growth, local crime rates, and any major legislation or policy changes related to the criminal justice system. All benchmarks will be regularly monitored and assessed, with periodic reports provided to the Council. Benchmarks should capture current practices to the extent that they can be measured. Benchmarks also will be monitored in order to document any discretionary changes in policies and practices which increase the demand for jail space. Benchmarks include but are not limited to: Annual jail population targets based on maintaining current incarceration rates for the aggregate jail population and for each jail subpopulation (pretrial, sentenced, DOC backlog, etc.); Maintaining the current level of PR bond releases (6% to 7% of jail admissions); Maintaining the current proportion of work release sentences (about 45% of all jail sentences); Maintaining current law enforcement policies and practices which impact demand for jail space; Maintaining current prosecutorial policies and practices which impact demand for jail space; and, Maintaining current sentencing policies and practices which impact demand for jail space.
Remediation is not enforcement. IV. Remediation A. THE REMEDIATION PROCESS Remediation is a process to remedy an increase in the jail population above expected Benchmarks and to address discretionary changes in agency policies which increase the demand for jail space. It assumes that policy makers have an interest in maintaining a safe and secure jail whose population remains at or below operational capacity limits as determined by the Sheriff s Office. Principals in this process are the JAC Executive Committee, policy makers, and the County Criminal Justice Planner. The Remediation process recognizes and affirms the autonomy of the various agencies and courts and their policy makers. It also recognizes that the basis to remedy jail overpopulation is the willingness of the principals to address this issue cooperatively. Finally it recognizes that the JAC Executive Committee acts as a facilitator to address overpopulation and is not an agency of higher authority. The process is based upon continuous monitoring of the jail population by the County Criminal Justice Planner. Such information will be provided to all policy makers at least twice a year. The process is designed as an early warning system which will signal a rising trend in the jail population rather than waiting for a crisis to develop. It recognizes that there is a set of short term responses which the Sheriff can use to provide immediate relief of overcrowding while the JAC Executive Committee works to facilitate a more lasting response. When there are deviations from the Benchmarks of at least three months duration, the Criminal Justice Planner will inform the involved policy makers. Those policy makers should take steps under their control to address the situation and inform the JAC Executive Committee of same. If the situation is not rectified within one month of notification by the Criminal Justice Planner, the JAC Executive Committee will convene to discuss the situation, facilitate the interests of the policy makers involved, and attempt to rectify the situation. B. SHORT-TERM REMEDIES This Plan recognizes the need for short term remedies to respond to spikes in the jail population by taking certain steps which are either under the sole control of the Sheriff or which may require the approval of the Judiciary or the District Attorney. These short term measures are listed below: Priority 1. Remedies which are under the Sheriff s control: Cancel existing contracts with other agencies to house their inmates. Transfer DOC backlog inmates to other counties. Purchase additional work release beds from ComCor. Grant trustee status to additional inmates to increase potential earned time.
Priority 2. Remedies which include a change in place of confinement and require Judicial and/or DA approval: Contract with existing Community Corrections providers to house certain inmates (e.g., females). Release some sentenced inmates on EHM/GPS (Electronic Home Monitoring) program to finish sentence on home detention. Priority 3. Remedies which include release from custody and require Judicial and/or DA approval: Reinstate automatic PR Bond release program. Inmates charged with certain lesser offenses who have low bond amounts and no other pending charges, warrants, or holds are granted a PR Bond and released without further judicial review. Grant PR Bond to pre-trial inmates who received favorable recommendations from Court Services staff but were not approved by the courts. Grant PR Bond to some pre-trial inmates based on relaxed screening criteria established by Court Services (DV or violent offenders not eligible). Some releases may require inmate to be on EHM/GPS. Release some sentenced inmates who have served the nearly all their sentence (98%, 96%, etc.). Offenders serving mandatory sentences or sentences for certain crimes (e.g., DV, violent) not eligible. C. FUNDS TO FACILITATE THE REMEDIES The Sheriff may need funds to facilitate certain of the remedies such as housing inmates in other counties or paying for home monitoring of certain inmates. The County Commissioners, in concert with the Sheriff, should determine how much annual funding is required and should provide for that funding in the County budget.
Acknowledgments The jail utilization plan was developed by the Jail Alternatives Committee of the Justice Advisory Council. In formulating the plan, the Committee drew on the collective expertise of its members and on input from many local criminal justice practitioners. Our thanks are extended to all who participated in the process. Members of the Jail Alternatives Committee Thomas A. Rosazza Willie Alexander Terri Burke Jerry Gasko Dale Goodell Karla Hansen Jane Headley Judy Horose Dan May Kathy Moore Carol Patterson Rex Ramsey Henry Sontheimer Heidi Stringham Carl Tracer Committee Chair ComCor, Inc. Fountain City Council Community Alternatives of El Paso County El Paso County Sheriff s Office El Paso County Court El Paso County Court Services El Paso County Justice Services District Attorney s Office Colorado Springs City Attorney BI, Inc. ComCor, Inc. El Paso County Criminal Justice Planner Colorado Springs City Probation Citizen Representative
JAIL POPULATION BENCHMARKS REQUIRED TO MAINTAIN INCARCERATION RATE OF 22 INMATES PER 10,000 COUNTY POPULATION 2,000 2,000 1,750 JAIL BED CAPACITY 1,750 1,500 1,500 PROJECTED JAIL POPULATION 1,250 1,250 1,000 750 DATA POINTS IN GREEN SHOW ACTUAL JAIL POPULATIONS FROM 2000 TO 2003 1,000 750 500 2000 2005 2010 2015 2020 2025 YEAR 500 The red line shows the projected jail population based on current usage and anticipated growth in the County population. The black line shows the combined number of beds in the County's jail facilities, based on a hypothetical schedule for incrementally opening the new jail space. The jail bed capacity is currently 1,141 (including Minimum Security Unit) and will reach 1,905 when the expansion is completed.
PRE-TRIAL COURT PROCESSING SENTENCING GUIDE TO EL PASO COUNTY JAIL ALTERNATIVE PLACEMENT AND SUPPORT PROGRAMS Program Title Personal Recognizance (PR) Bonds-El Paso County Diversion of special needs defendants via PR Bonds-El Paso County Program Description A pre-trial release alternative for defendants with only 4th Judicial District offenses. Court Services staff interview eligible inmates and prepare a recommendation for the court. Staff have limited authority to grant a PR Bond without judicial review in cases involving relatively minor offenses with low bond amounts. All other cases require judicial approval to grant a PR bond. Through a contract with the Special Offenders Coalition, a PR bond may be granted to eligible defendants in residential treatment if their facility manager co-signs the PR bond and provides supervision and transportation. Court Services staff conduct a criminal history check and confirm the residential status arrangements. Personal Colorado Springs City probation officer assesses offenders on the Recognizance morning Court jail docket and makes recommendations for a prisoner s (PR) Bond- release on personal recognizance by rescheduling of court dates. In Municipal Court addition, at initial arrest an offender is not taken into custody unless the offense is a weapon charge. Commercial Bail Bonds Cash bond/ self bond Cite and Release Fast Track Prosecution Drug Court Prosecution As an alternative to posting the full bail bond amount, a defendant may use a commercial bail service. Commercial bondsmen may charge a premium of up to 15% of the bond amount. Defendant posts bond directly with court. Issuance of a summons to appear in court as an alternative to arrest and booking. A specialized prosecution track designed to provide immediate consequences for persons arrested for domestic violence and protection to victims. Provides for advisement of defendant and issuance of a mandatory restraining order on behalf of victim within 24 hours of arrest. A specialized prosecution track for certain drug offenders. Offers a suspended sentence for offenders who agree to complete recommended treatment. State Probation A community-based sentence imposed by the court. Offenders on probation are required to comply with conditions such as treatment or classes. Sentence may include up to 90 days jail time for a felony and 30 days in jail for a misdemeanor. Community Corrections Program Jail-based Work Release Provides residential and non-residential treatment programs for State offenders as an alternative to prison. Case management services include monitoring, oversight of restitution and community service, employment and educational programs, day reporting, and any other programs and services as may be appropriate within the 4th Judicial District. A sentence imposed in which offenders are allowed to maintain their employment while serving a jail commitment. They are released daily and required to report back nightly to the CJC. Target Population Defendants charged in County or District Court. Defendants charged in County Court. Offenders booked into the Criminal Justice Center who are 18+ years old, charged with violations of city ordinance and/or city warrants or bench warrants with a bond of $200 or less. Offenders booked into the Criminal Justice Center (CJC) who are eligible for bail. Offenders booked into the CJC who are eligible for bail. Persons charged with misdemeanors and lesser felonies. Domestic violence offenders and their victims. Non-violent, first-time offenders charged with felony drug possession. Sentenced offenders (adult and juvenile). Avg. Daily Population; Agency Number of Clients About 120 releases per month. EPC Justice Services Average daily population (ADP) Dept., Court Services is about 450 clients. Division About one release per month. An average of 24 offenders are released from jail on PR Bond per month. About 800-900 releases per month. Estimated ADP is about 2,800. About 350-400 releases per month. Est'd ADP is 1,100. unknown About 3,500 cases per year. About 110 defendants at any one time. Estimated ADP: 3,400 felons; 1,400 misdmeanants; 2,100 DUI; 900 juveniles. EPC Justice Services Dept., Court Services Div. & Special Offender Coalition Budget & Source El Paso County (EPC) General Fund El Paso County General Fund Colorado Springs Colorado Springs Municipal Court Municipal Court Probation Department and CSPD Commercial bond services EPC Sheriff's Office, 4th JD Court Local law enforcement District Attorney and 4th JD Court District Attorney and 4th JD Court 4th JD Court, 4th JD Probation Defendant pays fee to bond agency Defendant paid N/A District Attorney and 4th JD Court District Attorney and grant funds 4th JD Court budget Adult felony offenders within the ADP of about 300 including EPC Justice State of Colorado 4th Judicial District. Also includes residential placement and nonresidential Services, ComCor, DOC inmates at or near parole release date. (living on their own with agency supervision). Inc., Comm'y Alternatives (CAE), Gateway Through the Rockies Sentenced adult offenders. Average daily population in 2003 of 20. El Paso County Sheriff's Office Produced by Justice Advisory Council of the Pikes Peak Region (Aug. 2004). For more information: 719-520-7498. Sheriff's Office and offender fees
SENTENCING OTHER GUIDE TO EL PASO COUNTY JAIL ALTERNATIVE PLACEMENT AND SUPPORT PROGRAMS Program Title Off-site Work Release (contracted) Transitional Work Release (contracted) Direct Sentence to electronic monitoring (EM) supervision Program Description A sentence imposed in which offenders are allowed to maintain their employment while serving a jail commitment. They are released daily and report back nightly to the contracted work release facility. If an offender has been sentenced to 40 days or more and has served half of their Work Release sentence, he/she may be allowed to serve the remainder of their jail sentence on electronic monitoring/home detention. Requires approval of sentencing judge. A sentence imposed in which offenders are ordered to remain in their homes or approved residence under electronic monitoring. Offenders are employed and receive full case management services. They are allowed to leave for employment, therapy, and medical treatment. Electronic bracelets are used to ensure scheduled compliance and detect unauthorized activity. Sentence A sentence modification which allows jailed offenders to serve the modification to second half of their sentence in their homes or approved residence EM supervision under electronic monitoring. Day Reporting Useful Public Service Earned time Inter-county transfer of prisoners Non-incarceration sentencing option which requires daily weekday attendance at community-based program site. A sentenced imposed by the court which includes a requirement that offenders complete community service hours at non-profit agencies. Assignment of UPS hours is required by law upon conviction for certain offenses, and is at judges' discretion for other convictions. Allows sentenced prisoners in the County Jail to earn time off their sentence according to State statutes and local practices. All sentenced prisoners are eligible to earn up to 3 days per month. Inmate trustees and work release inmates are eligible for up to an additional 8 days per month. When over capacity, EPC Sheriff's Office contracts with other counties to hold DOC backlog inmates. Daily stipend from DOC is collected by the contracted county rather than by EPC. Jail mental An inter-agency program designed to provide alternative court health aftercare processing tracks and/or sanctions for individuals with mental heath grant needs and to improve the delivery of mental health services to jail inmates. Alternatives may be offered at the pre-trial, sentencing, incarceration, or post-incarceration stages. Local service providers provide assessment and treatment services as necessary. Return to custody beds for parolees Remediation beds for Community Corrections A State contract under which community corrections providers house technical parole violators for up to 180 days in lieu of return to DOC. The availability of these beds may reduce the number of parole violators held in the County Jail awaiting Parole Board action. A State contract under which community corrections providers house offenders who were not performing adequately in their previous community corrections placement. These offenders have limited community contact. Target Population Sentenced adult offenders. Sentenced adult offenders assigned to contracted work release facility. Sentenced offenders, primarily misdemeanants. Avg. Daily Population; Number of Clients Avg. daily popul. in 2003 was 204. 2004 contract is for 182 beds. Average daily population of about 25-40. ADP of about 60. Sentenced offenders in County 2 offenders were approved for Jail who have served half their sentence modification in 2003. sentence and meet other eligibility criteria. Sentenced offenders in Municipal, County, and District Courts (adult and juvenile). Sentenced offenders. Inmates serving County Jail sentences, work release inmates, and inmate trustees. Sentenced adult felons awaiting placement in DOC. Jail inmates and defendants or offenders with mental health needs. Approximately 55 offenders. The 4th JD Courts and Municipal Court sentence an estimated 8,000 to 15,000 offenders to UPS annually. Agency El Paso County Sheriff's Office and ComCor, Inc. El Paso County Sheriff's Office and ComCor, Inc. EPC Sheriff's Office, BI, Inc., ComCor, Inc., 4th JD Court, Municipal Court EPC Sheriff's Office, BI, Inc., and 4th JD Court Budget & Source El Paso County and offender fees Offender fees Offender fees Offender fees Courts, ComCor, Inc. Offender fees Referrals from District, County & Municipal Court Estimated ADP of trustees and EPC Sheriff's Office sentenced prisoners (incl. work and 4th JD Court release inmates at CJC and ComCor, Inc.) is about 500-600. ADP for 2003 was about 33 inmates. No inmates held out of county since 12/3/03. Program began in 2003. EPC Sheriff s Office EPC Sheriff s Office, ComCor, Inc., Pikes Peak Mental Health Non-violent parolees convicted of Program began in December Colorado Dept. of a Class 5 or 6 Felony who are in 2003. State has contracted for Corrections (DOC), danger of return to state prison for 50 beds in EPC. a technical parole violation. State Parole Board, CAE, ComCor, Inc. Convicted felons sentenced to community corrections who are being regressed to a more restrictive setting. State has contracted for 10-13 beds in EPC. CO Div. of Criminal Justice, EPC Justice Services, ComCor, Inc. Offender fees N/A N/A. No cost to County State grant and local match from EPC Sheriff and ComCor, Inc. State funded State funded Produced by Justice Advisory Council of the Pikes Peak Region (Aug. 2004). For more information: 719-520-7498.