Section 17-27-108 - Division of criminal justice in the department of public safety - duties - community corrections contracts - audit(1) The division of criminal justice of the department of public safety is authorized to administer and execute all contracts with units of local government, community corrections boards, or nongovernmental agencies for the provision of community corrections programs and services.(2)(a) The division of criminal justice is authorized to establish standards for community corrections programs operated by units of local government or nongovernmental agencies. Such standards shall prescribe minimum levels of offender supervision and services, health and safety conditions of facilities, and other measures to ensure quality services. The standards shall be promulgated or revised after consultation with representatives of referring agencies, community corrections boards, and administrators of community corrections programs.(b)(I) The division of criminal justice shall audit community corrections programs to determine levels of compliance with standards promulgated pursuant to paragraph (a) of this subsection (2). Such audits shall include an evaluation of compliance with the reporting requirements pursuant to section 17-27-104 (11).(II)(A) Before July 1, 2003, such audits shall occur at least once in each three-year period, unless waived by the executive director of the department of public safety.(B) On and after July 1, 2003, the division of criminal justice shall implement a schedule for auditing community corrections programs that is based on risk factors such that community corrections programs with low risk factors shall be audited less frequently than community corrections programs with higher risk factors. In no event shall such audits occur less frequently than at least once in each five-year period. Prior to July 1, 2003, the division of criminal justice shall create classifications of community corrections programs that are based on risk factors as those factors are established by standards of the division of criminal justice.(III) Written reports of such audits shall be provided to the administrator of the program which is audited, the local community corrections board, and referring agencies. Such written reports shall include findings of noncompliance with contractual obligations, including the standards promulgated pursuant to paragraph (a) of this subsection (2), and shall identify those material findings that, if not corrected within a reasonable time, will result in a recommendation to terminate the contract to operate the program. As used in this subparagraph (III), "material findings" includes those findings related to:(A) Public safety, including but not limited to offender monitoring and rehabilitation;(B) Health and life safety pertaining to but not limited to staff and offenders;(C) Efficiency and effectiveness of programs' internal control systems;(D) Statutory compliance; and(E) Fiduciary duties and responsibilities.(c)(I) No later than January 1, 2024, and every five years thereafter, the division of criminal justice shall, subject to available appropriations, contract with an independent third-party contractor to analyze all financial records of each community corrections program. The community corrections programs shall comply with all requests associated with this audit and share financial records with the contractor. The independent third-party contractor shall work directly with each community corrections program to gather financial information. The audit must analyze, but is not limited to, the following: (B) All sources of revenue, including, but not limited to, general fund dollars, state or federal grant funds, medicaid reimbursements, local government funds, and private and public loans;(D) Amount of expenditures by expenditure type, including, but not limited to, wages and salaries, benefits, operating expenses, and capital improvements; and(E) Cost per day per community corrections offender for services that qualify for reimbursement from appropriations from the general fund to the division of criminal justice.(II) The independent third-party contractor completing the audit shall report its findings to the joint budget committee of the house of representatives and senate and the division of criminal justice, no later than July 1, 2025, and no later than July 1 every five years thereafter. Notwithstanding section 24-1-136 (11)(a)(I), the report required by this subsection (2)(c)(II) continues indefinitely.(3) The division of criminal justice shall allocate appropriations for community corrections to local community corrections boards and community corrections programs in a manner which considers the distribution of offender populations and supports program availability proportionate to such distribution and projected need.(4) Prior to April 1, 2003, and on and after July 1, 2006, the division of criminal justice may authorize up to five percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. On and after April 1, 2003, through June 30, 2006, the division of criminal justice may authorize up to four percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. Such moneys for administrative costs may be applied to support functions authorized in section 17-27-103, to supplement administrative expenses of community corrections programs which have contracted with or are under the jurisdiction of a unit of local government, or to support other direct or indirect costs of involvement in community corrections.(5) The division of criminal justice is authorized to transfer up to ten percent of annual appropriations among or between line items for community corrections program services. Advance notice of such transfers shall be provided to the general assembly, the governor, the executive director of the department of corrections, and the chief justice of the supreme court.(6) The division of criminal justice shall provide technical assistance to community corrections boards, community corrections programs, and referring agencies.Amended by 2023 Ch. 83,§ 1, eff. 8/7/2023.Amended by 2020 Ch. 60, § 1, eff. 3/20/2020.Amended by 2018 Ch. 334, § 1, eff. 5/30/2018.Amended by 2017 Ch. 305, § 3, eff. 6/2/2017.L. 93: Entire article R&RE, p. 717, § 1, effective July 1. L. 95: (2) amended, p. 81, § 4, effective March 23. L. 2002: (2)(b)(II) amended, p. 103, § 1, effective March 26. L. 2003: (4) amended, p. 429, § 1, effective April 1. L. 2017: (7) added, (SB 17-021), ch. 1660, p. 1660, § 3, effective June 2. L. 2018: (7) amended, (SB 18-016), ch. 2008, p. 2008, § 1, effective May 30. L. 2020: (7)(a) repealed, (HB 20 -1262), ch. 202, p. 202, § 1, effective March 20.This section is similar to former §§ 17-27-106 and 17-27-115 as they existed prior to 1993.
2023 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 17-021, see section 1 of chapter 305, Session Laws of Colorado 2017.