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- Trial Issues In Colorado Domestic Violence Cases
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- Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
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- Colorado Domestic Violence: An Industry
- FAQ: Colorado Domestic Violence Cases Part II
- FAQ: Colorado Criminal Law: Understanding the Impact of FEDERAL FIREARMS LAWS AND BRADY FINDINGS in Colorado Domestic Violence Cases
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- Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
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- H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
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- How DO The Police Evaluate Colorado Domestic Violence Cases? – The Law 18-6-803.6
- Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5
- How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
- Colorado Criminal Law – Understanding Criminal Mischief 18-4-501
- Colorado Criminal Law – Why Did My Doctor Call The Police On Me? – Physician – Psychologist Confidential Communications In Child Abuse – Domestic Violation Cases
- Colorado Domestic Violence Law – Understanding The Impact Of The Domestic Violence “Tag” Designation
- Colorado Criminal Law – Restitution Is For ALL Crimes – Not Just Plea Bargained Convictions
- Will My Child Have To Testify In My Colorado Domestic Violence Case?
- Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
- False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
- Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
- Police Contact in Colorado – What Are My Rights?
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
- Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
- Colorado Criminal Law – Domestic Violence Convictions & Custody Of Your Child
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- New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Restraining Orders
- How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
- Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
- Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Cases and Restraiing Orders
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
- Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
- Understanding the Crime of Stalking in Colorado – A Case In Point
- Colorado Domestic Violence No Contact Orders
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
- Colorado Domestic Violence Fast Track Programs
- Colorado Law Harassment Stalking Statute
- Colorado Domestic Violence – When the Wrong Person Is Arrested
- Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
- Colorado Domestic Violence Cases – A Birds Eye View
- Child Custody and Domestic Violence Allegations – How Allegations of Domestic Violence Are Used In Colorado Child Custody Battles
- The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
- Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
- Transferring Probation Out Of Colorado – The Interstate Compact
- Colorado Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – The Levels of Treatment A – B – C Explored – The Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders
- Colorado Domestic Violence Law – Understanding The Mandatory Treatment Requirement
- Colorado Criminal Law – Domestic Violence – How Colorado Courts Measure and to Predict Domestic Violence Threats – the Domestic Violence Risk and Needs Assessment (DVRNA)
- The New Colorado DV Treatment Standards
- The Colorado Domestic Violence Multi-disciplinary Treatment Team (MTT) Approach to Mandatory Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – Re-victimizing The Victim – The Loss of Power For The Alleged Victim and The Case Against No Drop Policies
- Colorado Criminal Law Domestic Violence Right to Bear Arms
- Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
- Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
- Colorado Stalking Domestic Violence Criminal Defense Lawyer Writes About Being Charged With Stalking In Colorado 18-3-601, 18-3-602
- Colorado Domestic Violence Lawyer – How To Avoid Incriminating Yourself At The Scene Of A Domestic Violence Investigation
- Colorado Domestic Violence Cases- The Arrest
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- Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
- Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
- Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
- Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
- FAQ: Understanding Colorado’s Probation Supervision System
- Colorado Criminal Law – Asking a Judge to Change a Sentence – a Sentence Reconsideration – Under Colorado Rule of Criminal Procedure 35(b)
- FAQ: Colorado Restorative Justice – The Concept Behind A New Way Of Looking At Colorado Criminal Sentencing – Can It Work?
- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
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- Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
- Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
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- Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
- Colorado Criminal Domestic Violence Defense – Understanding Terms and Concepts of the Domestic Violence Evaluation and Standards
- Colorado Criminal Law – A Listing of Key Domestic Violence Laws and Related Statutes
- In Depth Articles On Domestic Violence Laws – Issues – and History
- FAQ: Domestic Violence Defense Law- The Battered Woman Syndrome and Self Defense Law in Colorado
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- Understanding When Other Past Crimes or Bad Prior Acts Are Admitted at Trial in Colorado
- Colorado Criminal Law: Attacking the Credibility of the Accused – Defendant – The Law
- Colorado Statutes of Limitations – A Deadline to File Charges
- Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
- Colorado Criminal Domestic Violence Law – The Unfairness Of The Admission of Evidence of Character Other Crimes, Wrongs, or Acts – The So Called 404B – Similar Transactions Evidence
- Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
- Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Understanding Colorado Arrest and Conviction Records
- Colorado Domestic Violence Trials – What Juries Really Think
- Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
- Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
- How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
- Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
- Domestic Violence and Syndrome Evidence
- Federal Domestic Violence Laws Overview
- Colorado Criminal Domestic Violence Resources
- 2011 Colorado Domestic Violence Treatment Providers By County
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- 2011 Colorado Domestic Violence Treatment Providers By County
- The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
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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.
Other Articles of Interest:
- Important Links in Colorado Domestic Violence Cases
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- The Colorado Domestic Violence Multi-disciplinary Treatment Team (MTT) Approach to Mandatory Domestic Violence Treatment Requirements
- Colorado Criminal Domestic Violence Laws – Couple’s or Martial Counseling NOT Allowed in Domestic Violence Treatment Programs
- The New Colorado DV Treatment Standards
