Work Release

Gilpin County Sheriff's Office
Corrections Division

4.1100 Programs

Date:  October 31, 1994                        Policy:  4.1113
Revised:  February 21, 2023  

Policy 4.1113 

WORK RELEASE

Policy:                                                                                                                                                                                                                                                    

The temporary release of convicted persons for work or educational purposes has been demonstrated to be effective in reducing the number of repeat offenders and lessening the public burden of incarceration.  To facilitate this benefit, Gilpin County Sheriff’s Office has established the Work Release Program.  Staffing and operation of the work release program will be supervised by the detentions Division Chief and the Work Release Committee (hereafter referred to as “WR Committee”).  

Inmates approved for the work release program shall earn “good-time” at a day-for-day rate, for crimes committed before March 1, 2022 (i.e. for every day served in the program, one day is subtracted from the inmate’s sentence).  Beginning July 1st, 2010, new DUI sentencing laws went into effect which affect the good time earned on offenses committed after this date.  If there is a mandatory minimum jail sentence imposed by the court, these days are not considered toward day-for-day credit.  The inmate shall begin earning the day-for-day good time after the minimum mandatory sentence has been served for any crime committed before March 1, 2022.  

If your work release sentence is for a criminal case which occurred after March 1, 2022, you will earn a total of ten days intended for statutory and good time compliance with C.R.S. 17-26-109 for every thirty days served on your sentence.

Procedure:

1. Screening

   Any person received into the Gilpin County Detentions Facility by authority of a Mittimus authorizing participation in the work release program, shall be processed as follows:

   1. All new inmate/detainees received at the Detention Facility will be processed according to the booking policy and procedure.
   2. A medical questionnaire will be asked of the inmate by the processing deputy.  This will be forwarded to the nurse for review and approval for the work release program.
   3. The attitude, behavior, physical condition, current charge and past criminal history of the inmate shall be considered and evaluated by the designated WR Committee.
   4. Inmates with the following current charges will be excluded from the possibility of the work release program with the Gilpin County Sheriff’s Office:
      1. Murder
      2. First or Second-Degree Felony Assault
      3. Sexual Assault
      4. Sexual Assault on a Child
      5. Kidnapping
      6. Robbery
      7. First Degree Arson
      8. First Degree Burglary
      9. Felony Narcotic Sales
      10. Escape
      11. Any crime committed that is enhanced with Domestic Violence
      12. Any crime of violence to which a TRO was issued pursuant to 18-1-1001, and the applicant still has an active TRO issued to him/her.
      13. Any other charge that the Division Chief or WR Committee determines violates that trust which the community places in the Sheriff’s Office that offenders will be punished in accordance with the type of crime committed.

   5. Upon reviewing past criminal history, special attention shall be given to those offenses listed below whether or not the individual was involved in the commission of, attempt to commit or questioning for the specific offense.  Where these offenses are noted, an explanation and/or clarification is necessary, and the WR Committee will complete a report why or why not the applicant was denied or accepted into the program.

      The following offenses are within the inmate’s lifetime:

      1. Murder 
      2. Homicide

      The following offenses must be within a 7-year time frame:

      1. First or Second-degree Felony Assault
      2. Sexual Assault
      3. Kidnapping 
      4. Sexual Assault on a Child

      The following offenses must be within a 5-year time frame:

      1. Robbery
      2. First Degree Arson
      3. First Degree Burglary
      4. Felony Narcotic Sales
      5. Escape
      6. Any other offense which, in the determination of the WR Committee raises doubt about the possibility that the individual may abscond, that the individual may present a danger to the general populace or pose a threat to the routine operations of the Gilpin County Detention Facility.
   6. In addition to the aforementioned offenses and stipulations, any of the following conditions may also be cause for re-evaluating an individual’s suitability for work release:
      1. The inmate is subject to a detainee or fugitive hold
      2. The inmate has demonstrated frequent violent behavior as evidence by his/her recent criminal history or GCSO incident reports
      3. The inmate has serious mental health problems.
      4. The inmate has been identified as having suicidal tendencies or has a history of suicidal episodes.
      5. The inmate has demonstrated an attitude, which is uncooperative, resistive, contrary, angry or otherwise in conflict with the potential benefits of the work release program.
      6. The inmate has demonstrated a pattern, in his/her recent or past history, of inability to follow the rules of the Gilpin County Detention Facility.
   7. If any of the above-mentioned conditions/situations could not be satisfactorily resolved or explained to the WR Committee in regard to the inmate’s suitability for the work release program, the inmate shall be returned to general population.
   8. If housing availability is limited, preference shall be given as follows:
      1. Mittimus wherein the inmate is a Gilpin County resident.
      2. Mittimus that originated in the Gilpin County District or County Court.
      3. Mittimus that originated from a District or County Court outside of Gilpin County
2. Intake Processing
   1. Initial Approval:
      1. The inmate will be processed according to the standard booking policy and procedure.  
      2. If the court approved the inmate for the work release program, they will be processed and placed into general population until approved by the WR Committee.
      3. If the inmate does not pass the initial urinalysis or self-reports drug use, they will immediately be ineligible for a 30-day period.  When thirty days has lapsed, the inmate may re-apply for the program.
      4. If approved, the WR Committee will complete a file with all the necessary information and provide a schedule and contact information to the Detention Facility Staff.
   2. Out of County Mitts:
      1. The sentencing Judge from that jurisdiction must approve the inmate to conduct their work release program specifically in Gilpin County. 
      2. Out of jurisdiction screening and requirements for acceptance in the program remain the same with the exception of the fee charged.
   3. Fees For Work Release:
      1. Gilpin County sentenced inmates will be charged $15.00 per day.
      2. Out of County sentenced inmates will be charged $50.00 per day.
      3. Before inmates may leave the facility, one week of fees must be paid in     advance
      4. The $30.00 booking fee must be paid.
      5. The initial urinalysis fee is $5.00.
      6. The inmate must have at least $15.00 on their account at any time for a     random urinalysis.
3. Program Management
   1. Job Search
      1. Inmates who are not currently employed but are eligible for the work release program may be granted one week to seek employment.
      2. Once that week expires, the inmate may request an extension from the committee.
      3. This Job Search option does not apply to an inmate sentenced on a 2nd or subsequent DUI/DWAI offense if the offense occurred on or after July 1st, 2010 until the mandatory minimum sentence has been served. 
      4. If inmates are self-employed, we may ask them to provide a copy of business license, contacts/receipts, tax records, bank statements, or anything else that will help us verify their work. 
      5. Inmates are not allowed to work from home unless special permission is granted. Inmates should have an established work space outside of their home. 
   2. Inmate Responsibility:
      1. Once an inmate is approved for the program, the inmate must sign a contract     of the work release rules and regulations. This will be placed into their file.  
      2. The inmate should direct any questions regarding the rules to the committee.
      3. The WR Committee will explain to the inmate that they will be immediately held accountable for all the rules and regulations.
      4. Only authorized personal property as described in the contract will be accepted into the Gilpin County Detentions Facility.
      5. The inmate must provide their own verifiable transportation
      6. The inmate must provide their own medical care as needed but is not permitted to use narcotic or controlled substances or medical marijuana while enrolled in the work release program.
      7. The inmate must keep their medications locked in the jail property room or in authorized vehicles when not needed.  If medications are needed during their hours of stay within the jail, detentions staff will get the medications from the participants property locker located in the property room.  The Deputy will have the participant medicate themselves at the booking desk, then return the medications to the property room.  Participants are encouraged to perform their medical needs outside the jail before returning from work assignments if possible.    
   3. Supervision
      1. The Detention Facility Sergeants, Corporals, Deputies, and CSOs shall be responsible for proper supervision and control of work release inmates at all times.
      2. The above-mentioned staff shall be responsible for (but not limited to) properly maintaining a record of their activities on the JMS computer jail log. 
      3. This will include calling to check on the inmate at their work location and/or going to the inmate’s work location to verify their attendance.
      4. When an inmate calls to check in, an entry will be made into JMS.
      5. Any unusual incident or activity shall be documented in an incident report.
      6. Cell checks and cell searches will still be conducted according to policy and procedures.
      7. Inmates may only have visitors at the Detention Facility during scheduled visitation hours.
      8. If alcohol use is suspected upon an inmate’s return to the Facility, a PBT shall be used to test the inmate’s alcohol level.  Positive results will be reported to the WR Committee immediately.
      9. Urinalysis testing for drugs shall be completed at a minimum of 1 test per month not to exceed 3 tests per month.
      10. Inmates must be honest about their employment. If discovered being dishonest about when and where they are working; they will be removed from the program.
   4. Disciplinary Process
      1. Discipline of the Gilpin County inmates shall ensure that the objectives of inmate care and custody are met, and that the general welfare and safety of all inmates and personnel are maintained.
      2. All disciplinary actions will be enforced according to the policy and procedure 4.1300 Rules and Discipline.
      3. As the work release program is a special program, the potential of additional     disciplinary action exists in the form of Disciplinary Restriction, which may     include any or all of the following sanctions:
         1. The inmate is restricted to the Facility for a period not to exceed three days
         2. The inmate will not be allowed to leave the Facility during this time without prior approval of the WR Committee.
         3. The inmate will not be eligible for any visits other than professional
         4. The inmate will not receive good time during this period
         5. Other reasons for dismissal/suspension from program:
            1. If a detainee holds or fugitive extradition is placed on the inmate
            2. If they become the subject of a criminal investigation and an arrest warrant is issued
            3. If any other criminal charges are filed against the inmate 
            4. If the inmate violates the Work Release Contract
      4. Pending the disposition and findings of the WR Committee, the inmate may be returned to the work release program.