Attachment 6 - AR 300-23 Internal-External Offender Wrok Crews.pdf

ADMINISTRATIVE REGULATION

COLORADO DEPARTMENT OF CORRECTIONS

REGULATION NUMBER

300-23

PAGE NUMBER

CHAPTER: Facility Security

SUBJECT: Internal/External Offender Work Crews

RELATED STANDARDS: ACA Standards: 2-CI-2A-1, 2-CI-

1A-1, 2-CI-1A-2, 2-CI-1A-4, 2-

CI-1B-2, 2-CI-3A-1, 2-CI-4A-4, 2-

CI-4A-7, 2-CI-3A-1, 2-CI-4A-6, 5-

ACI-7A-03, 5-ACI-7A-06, 5-ACI-

7A-07, 5-ACI-7A-15, 2-CI-5A-08

EFFECTIVE DATE: July 1, 2023

SUPERSESSION: 11/1/22

Moses (André) Stancil

Executive Director

OPR: DOP REVIEW MONTH: JUNE

I. POLICY

It is the policy of the Colorado Department of Corrections (DOC) to ensure that all facilities, where applicable, will maintain a comprehensive written plan for the assignment of offenders to work programs. Offenders are treated with respect in the workplace. [2-CI-5A-8]

II. PURPOSE

The purpose of this administrative regulation (AR) is to provide guidelines to assist in the assignment of offenders to work programs.

III. DEFINITIONS

A. Client-Agency Work Program: Any and all work performed by offenders sentenced to the DOC for the benefit of any public service agency, whether such work is performed on DOC property or off-grounds, under the supervision of DOC employees or contract workers; or as part of a vocational training program or not. The program may or may not include services in response to public emergencies or disasters (see administrative regulation 450-09, Offender Disaster Relief

Crews) whether operated by Colorado Correctional Industries (CCi) or by the individual correctional facility itself.

B. Crime of Violence-Sentenced Offender (for purposes of classification and gate pass criteria): Any incarcerated individual whose:

1. Unofficial earned time audit OR official time computation report in eOMIS reflects the percentage of time served prior to parole as being calculated at 75%, or higher, OR

2. Mittimus for a conviction of any crime that also includes "proven" or "found guilty" next to a reference to C.R.S. 18-

1.3-406 OR 16-11-309, OR

3. The mittimus reflects a conviction for any one of the following automatic crimes of violence:

a. Attempt to commit a crime of violence

b. Aggravated robbery

c. Assault in the 1st degree

d. Assault in the 2nd degree

e. Conspiracy to commit a Crime of Violence

f. First degree arson

g. Murder in the 2nd degree

CHAPTER SUBJECT AR # Page 2

Facility Security Internal/External Offender Work Crews 300-23

EFFECTIVE

07/01/23

h. Second degree kidnapping

i. Sexual assault on a child

j. Sexual Assault on a child - position of trust

k. Unlawful sexual conduct

l. Unlawful termination of a pregnancy - 1st and 2nd degree

If the mittimus cites a conviction for a statutory reference to a crime of violence that you are uncertain of or if you see other "crime of violence" statutory references, you must contact Time and Release at doc_t_and_r_@state.co.us for clarification.

B. Intensive Labor Work Program: A program made up of offenders who have been assigned to the reclamation of state property and other projects that would benefit governmental entities and/or non-profit organizations.

C. Internal Classification Committee: A multidisciplinary committee within each respective facility chaired by the administrative head or designee, at or above the level of correctional officer IV which is responsible for all facility internal classification and status proceedings, housing/cell assignments, work and program assignments, Code of Penal

Discipline outcome management and other relevant internal offender management systems.

IV. PROCEDURES

A. Facilities will assign work programs in the following priority, while maintaining all procedures in AR 850-03, Offender

Assignment and Pay:

1. General maintenance of the facility, the grounds of the facility, and common grounds shared between facilities.

2. Food Service

3. Correctional Industries operations.

4. Construction for any and all facilities.

5. Outside agency needs.

B. Operational procedures will be developed relevant to the security needs of the work programs at each facility.

Operational procedures should address the following: [2-CI-2A-1]

1. Level of custody supervision.

2. Security classification and selection of offender workers.

3. Tool and equipment control and accountability, in accordance with AR 300-09, Tool Control.

4. Safety.

5. Project requests and assignments.

6. Offender aptitudes, experience, and abilities.

C. The offender workday and number of days worked approximates the workday in the community and the number of workday interruptions to offenders will be minimized. [5-ACI-7A-06] [2-CI-4A-07, 2-CI-4A-6]

CHAPTER SUBJECT AR # Page 3

D. DOC employees assigned to off-grounds work program assignment will wear uniforms, as specified in AR 1450-31, Appearance and Dress Code, to reinforce a security image while working within the community. Any variation to this will be approved, in accordance with AR 100-01, Administrative Regulation Process.

E. Offender identification cards will be collected by appropriate supervisors for all offenders supervised on off-grounds assignment.

F. Internal–On-Grounds Clearance: Internal classification committee review and approval is required for offenders to attend a supervised work assignment outside of the facility’s secure perimeter but still on DOC/facility property.

1. Only offenders classified as minimum-restricted or minimum security will be allowed to work outside of the secure perimeter. The administrative head has the discretion to override criteria on a case-by-case basis.

2. Internal on-grounds crews will have no more than 20 offenders assigned to each work crew supervisor.

G. External Off-Grounds Clearance: Internal classification committee review and approval is required for offenders to attend a supervised work assignment outside of the assigned facility’s secure perimeter, off of DOC/facility property.

1. Administrative heads have the discretion to override criteria on a case-by-case basis.

2. External off-grounds crews will have no more than 20 offenders assigned to each work crew supervisor. CCi offender work crews who are authorized to remain outside a facility overnight and have a staff member dedicated to providing oversight of the offenders while they are not performing their assigned work function may exceed the

20:1 ratio but this ratio will not exceed 40 offenders per CCi work crew supervisor.

H. Offenders transported from one DOC facility to another, for the purpose of work assignment, will not require internal on-grounds clearance.

I. Correctional Industries offender to DOC employee and/or contract worker ratio within the perimeter of a facility will be determined by the appointing authority/designee.

J. Prior to any work program assignment, the internal classification committee is expected to review the totality of an offender’s behavior, working file, detainers, and any other information available. Clearances may be denied based on the failure to meet the following criteria or any other information/behavior the internal classification committee deems relevant. At any time, the offender’s clearance may be temporarily revoked until a review can be made by the internal classification committee.

1. For Level II and above facilities, the following criteria will be met by any offender who is granted internal on-grounds clearance.

a. The offender will have a parole eligibility date (PED) of less than 60 months and have a mandatory release date

(MRD)/statutory discharge date (SDD) of less than ten (10) years.

b. Sex offenders may be CONSIDERED FOR AN INTERNAL ON-GROUNDS CLEARANCE if they are less than 36 months to PED, have no more than six years remaining to MRD/SDD, are classified as M/MR, and are approved by the appointing authority.

1. Offenders with an S code (sexual violence code) of 5L will be eligible for internal on-grounds clearance as long as other criteria are met. Offenders with L qualifiers are not required to attend offense specific treatment while in prison.

c. Offenders who have any Class I, Code of Penal Discipline (COPD) reports for the past 12 months will be

CHAPTER SUBJECT AR # Page 4 reviewed by the Facility ICC.

d. Offenders will not have unresolved felony warrants, detainers, or pending felony charges. Level I offenders with

ICE detainers verified as non-extraditable can be reviewed by facility ICC on a case by case basis.

e. Any offender who is in the process of being regressed for any reason is not eligible.

f. Escapes in the last five (5) years from a Level I or above facility, excluding parole or community will be reviewed by the facility ICC.

g. Consideration of case plan objectives.

2. Offenders assigned to any work crew off-grounds (Colorado Correctional Industries (CCi) offender work crews, Offender Disaster Relief Crews, Intensive Labor Work Program) must be granted external off-grounds clearance and, at a minimum, meet the internal on-grounds clearance criteria, in addition to the following:

a. Applicants must have no Code of Penal Discipline infractions for a period of at least one year leading up to application. Class II convictions are at the discretion of the facility's internal classification committee.

b. Crime of Violence-sentenced offenders (see definition) are not eligible without Deputy Executive Director of

Prison Operations or designee’s approval.

c. MRD of less than ten (10) years and a PED of less than five (5) years.

d. Applicants must be M2 or lower on the physical health scale, and P2 or lower on the mental health scale. (M codes, 1-5, with 5 indicating severe medical issues) and mental health (P codes, 1-5, with 5 indicating severe decompensation).

e. Offenders will not have unresolved felony warrants, detainers, or pending felony charges.

f. No sex offenses are allowed.

g. Applicants must have a GED or high school diploma.

h. CTAP Score: Low to moderate.

i. Consideration of case plan objectives.

j. Victim Services review: notification will be made to the registered victim.

3. Any offender granted external off-grounds clearance and assigned to any work crew outside the facility perimeter

(Colorado Correctional Industries (CCi) offender work crews, Offender Disaster Relief Crews, Intensive Labor

Work Program, etc.) must read and sign AR Form 300-23B, Level I/Internal/External Offender Work Crew

Unauthorized Escape and Extradition Advisement.

K. For external off-grounds clearances, offenders housed in a private prison will be reviewed and approved by the Private

Prisons Monitoring Unit (PPMU) by utilizing AR 300-23A, Off-Grounds Work Clearance.

L. All project requests must be completed within an established perimeter defined, where possible, by geographical boundaries and be approved by the administrative head/designee.

M. Uniforms and special clothing issued to offenders working external off-grounds will be in strict accordance with AR 850-

CHAPTER SUBJECT AR # Page 5

11, Offender Clothing and Bedding Issue, Dress Code, Hygiene, and Grooming.

N. Each offender assigned to the work program will receive and sign AR Form 850-03B, Offender Assignment Description.

Facilities may designate in their Implementation/Adjustments any other required documentation such as an orientation or posted operational rules.

1. All offenders who will be performing any type of facility job will participate in any safety training required by the department that employs them. All offenders will be required to read, understand and sign AR Form 1550-01B, Offender Safety, Personal Protective Equipment, and Hazardous Materials Verification before being allowed to work without direct staff supervision.

O. Work, Health, and Safety Standards:

1. Supervisors will instruct offenders in proper safety practices and procedures. [2-CI-1A-1, 2-CI-1A-2, 2-CI-3A-1]

2. All institutional work, industry, and vocational education programs will meet applicable federal, state, or local work, health, fire and safety standards. [5-ACI-7A-07] [2-CI-1A-4, 2-CI-1B-2]

3. All institutional work, industry, and vocational education programs will be inspected weekly by qualified DOC employees, who have completed the facility inspections annual refresher training, and monthly by the Life Safety coordinator. [5-ACI-7A-07]

4. There is documentation that the programs are inspected by federal, state, or local health and safety officials at least annually. [5-ACI-7A-07]

5. Safety practices will be standardized to include the following: [2-CI-1A-1, 2-CI-1A-2, 2-CI-3A-1]

a. Ongoing safety training as needed or required.

b. Safety rules specific to operations of each work program unit.

c. Safety tests will be given to any offender using equipment.

d. Safety training records will be kept and archived for all offenders.

e. Material safety data sheets (MSDS)/Safety Data Sheets (SDS) will be utilized by each work program and made available to DOC employees, contract workers, volunteers, and offenders.

f. Tools should be managed in accordance with AR 300-09, Tool Control.

g. Safety training specific to operating a motor vehicle, as appropriate, in accordance with AR 850-16, Vehicle

Usage by Offenders.

h. All offenders will be required to read, understand and sign AR 1550-01B, Offender Safety, Personal Protective

Equipment, and Hazardous Materials Verification before being allowed to work without direct staff supervision.

P. Client Agency Work Program:

1. The DOC will provide a variety of work assignments that will afford offenders the opportunity to learn job skills and develop positive work habits and attitudes that they can apply to jobs after they are released. [5-ACI-7A-03]

2. Upon the request of the DOC, the client agency will outline in detail any work to be performed by offenders, the

CHAPTER SUBJECT AR # Page 6 period of time for completing the project, and the respective responsibilities of the requesting agency and the DOC in connection with the project.

3. A requesting agency will provide any necessary equipment/materials and transportation, or will defray operational costs of state vehicles.

4. The appropriate security will be provided at all times in connection with this requirement. [2-CI-2A-1]

5. The requesting agency will ensure that any person who supervises an offender in connection with a work project will be approved by the administrative head and receive an orientation by approved employees to supervise offenders.

6. The number of offenders supervised by one person should not exceed ten (10).

7. The requesting agency will agree to comply with any reporting requirements established by the executive director, or designee, in connection with an off-grounds work project and the offenders participating in such project.

8. Any offender assigned to a client agency supervised work crew will receive a special review to leave a correctional facility by the internal classification officer or committee and approval from the administrative head/designee.

9. Cooperative agreements between facilities and client agencies will be outlined, in writing, and ratified by signature of the client agency representative, DOC administrative head, and the DOC executive director, or designee.

DOC/Agency Cooperative Agreement Contract is located on DOCNET under “Forms”). For questions on this process, please contact the Contract Administrator at 719-269-4134. There are three contracts. Use either the regular contractor, the interagency, or the intergovernmental.

Q. Intensive Labor Work Program (ILWP):

1. If a facility utilizes an ILWP, as governed by C.R.S. 17-29-103, the following criteria will be used to determine assignment, unless the needs of the facility dictate otherwise:

a. Initial placement of offenders at a facility or if the offender is temporarily assigned to a facility.

b. Community corrections regression.

c. Parole violators.

d. Offenders terminated from their work or program assignment due to misconduct and/or unsatisfactory performance.

e. Refusal to participate in recommended programming.

2. All offenders assigned to ILWP must complete a minimum of 30 days with a work evaluation of satisfactory (3 or below), prior to being eligible for re-assignment to another work assignment or educational program. Offender pay for ILWP will be in accordance with AR 850-03, Offender Assignment and Pay.

R. Emergencies: The director may provide assistance during emergencies upon request from any federal, state, county, city, or town official to assist in damage control from natural disaster, fire, flood or any other tragedy.

V. RESPONSIBILITY

A. The director of Prisons will review this AR annually and update as necessary.

CHAPTER SUBJECT AR # Page 7

VI. AUTHORITY

A. C.R.S. 17-20-115. Persons to perform labor.

B. C.R.S. 17-20-117. Labor of inmates.

C. C.R.S. 17-24-106. General powers of the division.

D. C.R.S. 17-24-119. Training and employment by organizations - account for proceeds and wages.

E. C.R.S. 17-24-121. Venture agreements.

F. C.R.S. 17-28-102. Establishment of restitution programs.

G. C.R.S. 17-29-101. Legislative declaration.

H. C.R.S. 17-29-102. Definitions.

I. C.R.S. 17-29-103. Executive director to establish work program.

J. C.R.S. 17-29-105. Minimum security off-grounds work programs - authorized.

VII. HISTORY

November 1, 2022

July 8, 2022

October 1, 2021

May 1, 2019

September 1, 2018

September 15, 2017

March 15, 2015

February 1, 2011

December 15, 2009

September 1, 2009

August 1, 2008

August 1, 2007

August 15, 2006

August 15, 2005

ATTACHMENTS:

A. AR Form 300-23A, Off Grounds Work Clearance for Offenders Housed in Private Prisons

B. AR Form 300-23B, Level I/Internal/External Offender Work Crew Unauthorized Escape and Extradition Advisement

C. AR Form 100-01A, Administrative Regulation Implementation/Adjustments

AR Form 300-23A (07/08/22)

Off-Grounds Work Clearance for Offenders Housed in Private Prisons

DOC#______________ Last Name: ________________________________ First Name: _______________________

Recommended Work Assignment: ____________________________________________________________________

Current Custody Level: _____________ Score: ______ Codes: M: _____ P: _____ S (Sex Off): _____ Substance: _____ Min or Min-R < 2 < 3 < 2 Current PED: __________ Current MRD/ SDD: __________ Arrived Current Fac: _________ Arrived DOC: _______

Class I COPD Convictions Last 24 Months: _____________________________________________________________ None in last 24 mo. for external off grounds / None in last 12 mo. for internal off-grounds

Class II COPD Convictions Last 12 Months: ____________________________________________________________ For reference

Escapes in the last three years: _____________________________________________________________ None: □ Include date(s) and facility security level(s)

Walkaways, Absconds, Revocations last five years: _______________________________________________________ For reference

Detainers, Pending Charges: ______________________________________________________________ None: □ Include details; agency; information regarding concurrent tried detainer(s)

Current Work Assignment: ________________________________ Current Work Rating: ______ Start Date: ________

Recommended Programs NOT Completed: ____________________________________________________________

Case Manager Submitting Clearance (Name): ___________________ Date of Initiated Clearance: _________________

Comments:

Mental Health Review (Name): ___________________________________________________

Comments:

Security Review (Name): _______________________________________________________

Comments:

Investigator Review (Name): _______________________________________________________

Comments:

Classification Review: (Signature/Date) __________________________________ Approve: □ Deny: □ Comments: _______________________________________________________________________________________

Warden Review: (Signature/Date) ______________________________________ Approve: □ Deny: □ Comments: _______________________________________________________________________________________

PPMU Monitor Review: (Signature/Date) ________________________________ Final Approval: □ Deny: □ Comments _______________________________________________________________________________________

Deputy Executive Director/Designee Review (if required): Approval: □ Deny: □

(Signature/Date) ___________________________________________________________________________

Comments ________________________________________________________________________________

Attachment A

Level I/Internal/External Offender Work Crew Unauthorized Escape and Extradition

Advisement

The Colorado Dept of Corrections employee witnessing below, has read to me the following Colorado Revised

Statute:

18-8-208 Escapes from said custody or confinement: (1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement. (2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.

C.R.S. 18-8-208.1 Attempt to escape: Except as otherwise provided in subsection (1.5) of this section, if a person, while in custody or confinement following conviction of a felony, knowingly attempts to escape from said custody or confinement, he or she commits a class 4 felony. The sentence imposed pursuant to this subsection (1) shall run consecutively with any sentences being served by the offender.

I therefore clearly understand that should I violate this statute I may be prosecuted and convicted of felony escape, in accordance with C.R.S. 18-8-208 and C.R.S. 18-8-208.1.

I have read and acknowledge this document and I do hereby WAIVE EXTRADITION to the State of Colorado from any state or territory of the United States or from the District of Columbia. I agree that I will not contest any effort to return me to the State of Colorado.

1. If I am arrested in another state, I can be returned to Colorado through the extradition process.

2. I will not resist or fight any effort by any state to return me to Colorado and I hereby WAIVE all formal extradition proceedings, including my right to the issuance of service of a warrant and to obtain a writ of habeas corpus as provided for in C.R.S. § 16-19-111.

3. I understand that I shall not be admitted to bail in any other state pending extradition to Colorado.

4. I agree to waive any right I may have to contest my extradition and I waive this right freely, voluntarily, and intelligently.

Offender Name (print) DATE

Offender Signature DATE

Case Manager or Community Corrections Case Manager Name (print) DATE

Case Manager or Community Corrections Program Employee Signature DATE

Distribution: Working File, Offender Attachment B

AR Form 300-23B (07/01/23)

ADMINISTRATIVE REGULATION

IMPLEMENTATION/ADJUSTMENTS

AR Form 100-01A (04/15/08)

CHAPTER SUBJECT AR # EFFECTIVE

Facility Security Offender Work Program 300-23 07/01/23

(FACILITY/WORK UNIT NAME) __________________________________________________________________________

WILL ACCEPT AND IMPLEMENT THE PROVISIONS OF THE ABOVE ADMINISTRATIVE REGULATION:

[ ] AS WRITTEN [ ] NOT APPLICABLE [ ] WITH THE FOLLOWING PROCEDURES TO ACCOMPLISH THE INTENT

OF THE AR

(SIGNED) (DATE) __________________________

Administrative Head

Attachment C