(1) The department shall have the power to establish and enforce standards and criteria for administration of intensive supervision programs.
The standards and criteria shall require that offenders in the program receive at leastthe minimum services consistent with public safety, including highly restricted activities, weekly face-to-face contact between the offender and the program staff, daily telephone contact between the offender and the program staff, a monitored curfew at the offender's place of residence at least once a month, employment visitation and monitoring at least twice each month, home visitation, drug and alcohol screening, treatment referrals and monitoring, assuring the payment of restitution, and community service in a manner that shall minimize any risk to the public.
An offender as defined in section 17-27-102 (6) is eligible for an intensive supervision program only upon the recommendation of the department if such offender has not more than one hundred eighty days remaining until such offender's parole eligibility date or upon a transfer from a community corrections residential program under article 27 of this title if such offender has not more than one hundred eighty days remaining until such offender's parole eligibility date and if the local community corrections board finds that the correctional needs of such offender will be better served by such supervision. The local community corrections board has the authority to accept, reject, or reject after acceptance the participation of any offender in each and every intensive supervision program under this article. In selecting offenders for transfer to an intensive supervision program, the department and the local community corrections board shall consider, but shall not be limited to, the following factors:
The frequency, severity, and recency of disciplinary actions against the offender;
The offender's escape history, if any;
Whether the offender has functioned at a high level of responsibility in a communitycorrections program, if applicable;
Whether the offender will have adequate means of support and suitable housing inthe community; and
The nature of the offense for which the offender has been incarcerated.
(4) At least two weeks prior to placement of a nonparoled offender in an intensive supervision program, the executive director shall notify or cause to be notified the respective prosecuting attorney and the law enforcement agency of the affected unit of local government; and he shall have previously notified the affected corrections board.
Source: L. 89: Entire section added, p. 884, § 2, effective July 1. L. 91: IP(3) amended, p. 342, § 3, effective June 1. L. 93: IP(3) amended, p. 44, § 2, effective July 1; (3) amended, p. 719, § 5, effective July 1. L. 96: (1) amended, p. 843, § 2, effective May 23.
Editor's note: Amendments to subsection (3) in House Bill 93-1073 and House Bill 931233 were harmonized.