To: Board of County Commissioners
Through: Todd Weaver, Director, Finance
Prepared By:
prepared
Leanna Quint, Sr. Budget Analyst, Finance
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Subject:
title
Certifying Prosecution Costs to the Department of Corrections
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Purpose and Request:
recommended action
The Department of Corrections is responsible for reimbursing the counties of the Office of the District Attorney for the 18th Judicial District for the costs of prosecuting criminal cases in which the defendant, at the time of the criminal act, was in the custody of the Department of Corrections (DOC). Pursuant to State statute, in order for the County to receive its portion of the reimbursement, the Board of County Commissioners is required to adopt a resolution that certifies these costs to the DOC. This report provides information about the process, including the amount of reimbursable costs.
The Office of the District Attorney requests that the Board of County Commissioners adopt a resolution related to the costs of prosecuting criminal cases in which the defendant, at the time of the criminal act, was in the custody of the Department of Corrections (DOC). The proposed resolution certifies the costs to the DOC, for the purposes of Section 16-18-101 (3), C.R.S., so that the DOC can reimburse Arapahoe County for its portion of these costs. The costs are identified in the resolution. It is recommended that the Board adopt the resolution
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Background and Discussion: Section 16-18-101 (3), C.R.S., was enacted because the costs of prosecuting crimes committed by a person in the custody of the DOC can be significant, and the Legislature believed that these costs should be borne by the State, not by the counties in which the DOC facilities are located. In the past, the DOC was unwilling to reimburse these costs due to challenges raised by the defendants in the criminal cases, and due to the statutory requirement that the counties "certify" the costs to the DOC.
State statute does not de...
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