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Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II

The following standard taken from a the Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders – It is helpful to understand what probation officers and the courts use to discharge individuals from court ordered domestic violence treatment programs.

Standard 5.09  – Offender Discharge (from Domestic Violence Programs )

There are three types of discharge:

Treatment Completion

Unsuccessful Discharge from Treatment

Administrative Discharge from Treatment

For each type of discharge, responsibilities of the offender, MTT, and Approved Provider are identified.

Treatment Completion

A. Offender Responsibilities, Progress in Treatment

The offender has demonstrated adherence to all of the following:

1. All required competencies

2. Conditions of the Treatment Plan

3. Conditions of the Offender Contract

B. MTT Responsibilities

The MTT has verified all of the following:

1. The offender has demonstrated all required competencies, Offender Contract requirements, and other conditions of his/her Treatment Plan;

2. The offender has completed all required Treatment Plan Reviews (not to include the intake evaluation);

3. The required consultation has occurred at each stage of treatment;

4. No additional risk factors have been identified or been reported through other sources outside of offender contact as relevant (e.g. social services, psychiatrist, new partner, parents, or clergy);

The MTT may determine who is appropriate or relevant to contact on a case by case basis throughout treatment as well as prior to discharge.

5. Reduction of risk as reported by Approved Provider, using information from other MTT members, and

6. MTT consensus regarding discharge. The definition of consensus is that members are in agreement.

C. Approved Provider Responsibilities

The Approved Provider shall create a discharge summary to be provided to probation and/or the court. This summary shall document findings from Standard 5.09 I A & B and include at a minimum the following:

1. Type of discharge

2. Information regarding the level(s) of treatment

a. Initial level of treatment

b. Any changes to level of treatment

c. Level of treatment upon completion

3. Information regarding risk factors

a. Initial risk factors

b. Any changes to risk factors during treatment, increase or decrease

c. Identification of current risk factors

4. Verification that the offender Treatment Plan components, offender competencies, and criteria for treatment completion have been demonstrated

5. Duration of offender treatment

6. Summary of verification of MTT responsibilities for discharge (Refer to Standard 5.09 I B)

7. Any current or ongoing concerns identified by the MTT

Unsuccessful Discharge from Treatment

A. Offender Responsibilities, Progress in Treatment

Offender has not met responsibilities and requirements related to one or more of the following:

1. All required competencies

2. Conditions of the Treatment Plan

3. Conditions of the Offender Contract

B. MTT Responsibilities

The MTT has verified all of the following:

1. The offender’s lack of progress related to offender demonstrating required competencies, compliance with Offender Contract requirements, and other conditions of the Treatment Plan.

2. Completion of any required offender Treatment Plan Reviews (not to include the intake evaluation).

3. Required consultation has occurred at each stage of treatment.

4. Any additional risk factors that have been identified or been reported through other sources outside of offender contact as relevant (e.g. social services, psychiatrist, new partner, parents, or clergy).

5. Any increase in level of risk as reported by Approved Provider, using information from other MTT members.

6. MTT consensus regarding unsuccessful discharge. The definition of consensus is defined as the agreement among the MTT members.

C. Approved Provider Responsibilities

The Approved Provider shall create a Discharge Summary to be provided to probation and/or the court. This summary shall document findings from Standard 5.09 II. A and B and include at a minimum the following:

1. Type of discharge  Identify offender deficiencies and resistance related to:

a. Required offender competencies

b. Treatment Plan

c. Offender Contract

Approved Provider has clinically documented the offender’s noncompletion of Treatment Plan requirements, including, but not limited to, unwillingness to master all required core and additional competencies as identified in the offender’s Treatment Plan and Offender Contract requirements.

2. Information regarding the level(s) of treatment

a. Initial level of treatment

b. Any changes to level of treatment

c. Level of treatment at discharge

3. Information regarding risk factors

a. Initial risk factors

b. Any changes to risk factors during treatment

c. Identification of current risk factors

4. Approved Provider has documented the offender is inappropriate for continued treatment due to the presence of Significant Risk Factors, offender denial, and/or offender lack of progress in treatment.

5. Duration of offender treatment

6. Summary of verifications of MTT responsibilities for discharge (Refer to Standard 5.09 II. B)

7. Any current or ongoing concerns identified by the MTT

8. MTT consensus for this discharge status and reasoning is documented.

9. Identification of whether the court supervision period has ended and offenderhas refused to continue in treatment.

Administrative Discharge from Treatment

A. Offender Responsibilities

Offender shall provide verification of the need for an administrative discharge as requested by the MTT.

B. MTT Responsibilities

MTT shall verify the reason for administrative discharge.

1. Reasons may include, but are not limited to, circumstances such as the offender is on medical leave, the offender’s employment has transferred the offender to a new location, military deployment, or there is a clinical reason for a transfer.

2. MTT consensus for this discharge status and reasoning is documented.

C. Approved Provider Responsibilities

The Approved Provider shall create a Discharge Summary to be provided to probation and/or the court. This summary shall document findings from Standard 5.09 III A and B and include at a minimum the following:

1. Type of discharge

2. Information regarding the level(s) of treatment

a. Initial level of treatment

b. Any changes to level of treatment

c. Level of treatment at discharge

3. Information regarding risk factors

a. Initial risk factors

b. Any changes to risk factors during treatment. Identification of current risk factors

4. Degree to which the offender Treatment Plan components, offender competencies, and criteria for treatment completion have been demonstrated

5. Duration of offender treatment

6. Summary of verifications of MTT responsibilities for discharge (Refer to Standard 5.09 III B)

7. Any current or ongoing concerns identified by the MTT

8. MTT consensus for this discharge status and reasoning is documented.

Transferring Programs

Approved Providers shall not accept an offender transferring into their program without the responsible referring criminal justice agency’s written approval. The receiving Approved Provider, the previous Approved Provider, and the MTT shall perform case coordination, including discussion of any additional treatment that may be required. The final recommendation for treatment shall be determined by the new MTT.

The receiving Approved Provider shall require the offender to sign a release of information, allowing the previous Approved Provider to submit a copy of the discharge summary. The previous Approved Provider is required to provide a copy of the discharge summary immediately upon receipt of the release to the receiving Provider.

The Approved Provider shall create a Discharge Summary to be provided to probation and/or the court. This summary shall document findings from Standard 5.09 III. A and B and include at a minimum the following:

A. Type of discharge

B. Information regarding the level(s) of treatment

1. Initial level of treatment

2. Any changes to level of treatment

3. Level of treatment at discharge

C. Information regarding risk factors

1. Initial risk factors

2. Any changes to risk factors during treatment

3. Identification of current risk factors

D. Degree to which the offender Treatment Plan components, offender competencies, and criteria for treatment completion have been demonstrated

E. Duration of offender treatment

F. Summary of verifications of the MTT responsibilities for discharge (Refer to Standard 5.09 III B)

G. Any current or ongoing concerns identified by the MTT

H. Consensus for this discharge status and reasoning is documented.

Re-admission into treatment with the same Approved Provider: Prerequisites for offenders re-entering treatment with an Approved Provider:

A. Consensus of the MTT to re-admit the offender into treatment.

B. Consensus of MTT regarding placement in treatment, including updated evaluation and DVRNA if appropriate.

C. The Approved Provider shall review and update the Offender Contract and Treatment Plan with the offender.

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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