§ 26-1. Definitions.

The following words and phrases, when used in this chapter, shall have the following meanings:

(a)

Admit or Admission means that the facility or any of its agents, volunteers, or employees has authorized, accepted, or permitted an offender to receive lodging along with treatment or supervision at or from the facility.

(b)

Board means the Denver Board of Community Corrections.

(c)

Boarding home means a residential structure operated by a person engaged in the business of operating a residential structure for the purpose of providing lodging for permanent occupancy and which makes no provision for cooking in any of the rooms occupied by residents. Meals, linens and housekeeping may be provided. No other personal services shall be provided.

(d)

Contract facility means any nongovernmental residential facility for the treatment or supervision of offenders which is operated under a contract with the board.

(e)

Criminal corrective action means any sentence, suspended sentence, probation, parole, work release, conditional release from prison, jail, or other correctional facilities, deferred judgment, deferred prosecution, criminal diversion program, or similar order, program, condition, or requirement imposed, arranged, or ordered by any referring agency resulting from any charge or conviction for any of the following criminal offenses:

(1)

Any crime set forth in title 18, article 3, (crimes against persons) Colorado Revised Statutes;

(2)

Any crime set forth in title 18, article 4, parts 1 (arson), 2 (burglary and related offenses), and 3 (robbery), Colorado Revised Statutes;

(3)

Any crime set forth in title 18, article 6, parts 3 (incest), 4 (wrongs to children), and 8 (domestic violence) Colorado Revised Statutes;

(4)

Harassment-stalking, Colorado Revised Statutes section 18-9-111;

(5)

Any crime set forth in title 18, article 12, (offenses related to firearms and weapons) Colorado Revised Statutes;

(6)

Denver Revised Municipal Code section 38-92 (assault); or

(7)

Any crime defined by the law of any state or city which is the substantial equivalent of any of the foregoing offenses.

(f)

Criminal offense means any felony, misdemeanor, petty offense, municipal offense, or other criminal offense under the laws of the United States, any state or municipality.

(g)

Employee means any person who performs any duty, task or service related to the supervision or treatment of any offender at or for the facility, including but not limited to the director of the facility and its case managers.

(h)

Engage in business means one (1) or more activities which occupy time, attention, effort or labor, whether or not performed for profit.

(i)

Facility includes both private and contract nongovernmental facilities for the treatment or supervision of offenders.

(j)

Nongovernmental residential facility for the treatment or supervision of offenders means any building, structure, real property, or other location or place not owned or operated by the United States, the state, or the city, providing lodging along with supervision or treatment for one (1) or more offenders.

(k)

Offender means any adult who has been referred for lodging along with treatment or supervision by any referring agency as a result, condition, requirement, or term of any criminal corrective action.

(l)

Personal care boarding home means a residential structure operated by a person engaged in the business of operating a residential structure for the purpose of providing to its residents, either directly or indirectly through a provider agreement, room and board, personal services, protective oversight, and social care due to impaired capacity of the resident to live independently, but such services shall not be to the extent that regular twenty-four-hour medical or nursing care is required. A personal care boarding home may be a residential care use under chapter 59 (zoning) of this Code.

(m)

Personal services means, but is not limited to, the providing of individualized social supervision; a safe and sanitary environment that is free from physical harm; providing linens and housekeeping services; assistance with transportation whether by providing transportation or assisting in making arrangements for the transportation; or assistance with activities of daily living, but not to the extent that such assistance constitutes regular twenty-four-hour medical or nursing care.

(n)

Private facility means any nongovernmental residential facility for the treatment or supervision of offenders which is not operated under a contract with the board.

(o)

Refer means to commit or place an offender in a facility for lodging along with treatment or supervision as part of a criminal corrective action. The term also includes the act of ordering, directing, or sending an offender to a facility or ordering, directing, or requiring an offender to contact a facility for lodging along with treatment or supervision as part of a criminal corrective action. The term includes the act of providing an offender with the name, address, or phone number of the facility for the purpose of having the offender gain admission for lodging along with treatment or supervision as part of a criminal corrective action if the facility or the offender is required to report the offender's attendance, enrollment, performance, or completion of any treatment or supervision to the referring agency.

(p)

Referring agency means any court, prison, jail, department of corrections, department of parole, department of probation, district attorney's office, city attorney's office, judge, probation officer, parole officer, diversion officer, prosecutor, or similar governmental body or officer which refers an offender to a facility for lodging along with treatment or supervision.

(q)

Supervise or supervision means to monitor, evaluate, control, direct, refer, or supervise an offender's treatment, behavior, conduct, mental status, job attendance, job performance, court appearances, contact with referring agencies, community or public service, use of drugs or alcohol, contact with other persons, or an offender's other activities in or outside of the facility on or off the facility.

(r)

Tax exempt charitable organization means any nonprofit corporation, association or other group which has been granted tax exemption by the United States Internal Revenue Service pursuant to the revisions of the Internal Revenue Code, Title 26 United States Code.

(s)

Treatment means any one or more of the following: psychiatric or psychological testing, evaluation, analysis, therapy, counseling, or the prescription, administration, or monitoring of psychiatric medication; evaluation, testing, treatment, or counseling for drug or alcohol use, addiction, or dependency; sexual offender evaluation, testing, treatment, counseling or therapy; domestic violence evaluation, testing, treatment, counseling or therapy; and peer counseling of any kind. Treatment also includes the act of referring, organizing, planning, scheduling, providing space for, arranging, or transporting any offender for treatment.

(Ord. No. 376-97, § 1, 6-16-97; Ord. No. 368-00, § 2, 5-15-00; Ord. No. 565-01, § 1, 7-9-01)

Cross reference

Definitions and rules of construction generally, § 1-2.