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The Colorado - Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS

By H. Michael Steinberg Colorado DUI – DWAI – DUID – Criminal Defense Lawyer – Attorney

The Colorado - Arapahoe - Douglas County DUI - DWAI - DUID Multiple Offender Program (MOPS)

The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS)

Understanding The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Alternative Sentencing Options – In the most serious of cases of DUI – DWAI in Colorado – those where the offender has multiple lifetime convictions for DUI – DWAI – or DUID, the sentence may result in an entire year of incarceration.

In Arapahoe and Douglas Counties there is a program to address this population of individuals – those with multiple convictions for alcohol and/or drug related driving offenses. The Multiple Offender Program – or MOPS as it is known may be a better option if a lengthy jail sentence is contemplated by the judge as it MAY result in less actual incarceration time.

The DUI Multiple Offender – MOPS Acceptance Criteria

The MOPS applicant must:

l.  Have no felony convictions.

2. Demonstrate that he/she could benefit from treatment for drugs/alcohol.

3. Be willing to FULLY PARTICIPATE in TREATMENT (not easy).

4. Have employment or gain employment within 2 weeks.

5. Be sentenced to 365 days or more so there will be enough time to complete the program.

6. Meet the criteria for the work release program.

7. Have $280.00 on his/ her books to pay for the first two weeks of work release and therapy.

The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) - History – Three Phases of the  Multiple Offender Program (MOPS)

MOPS, in existence since 1995, is broken down into three phases Each phase is (12) twelve weeks in length. All three phases include work release and therapy BUT when you graduate to phase-3, (if the court approved home detention), you may, (and probably will), be allowed to complete the sentence on home detention. Weeks of work release and therapy leads to a “graduation” to in-home detention IF treatment has been successful in the incarceration phase.

The program is difficult and only strongly motivated individuals should enter the program. As noted – the MOP program is a (3) three-phase program and each phase is (12) twelve weeks in length. All three phases include work release or home detention and  therapy.

The Treatment Provider In The MOPS Program is CROSSOVER COUNSELING, INC.

MOPS is an intensive Level II DUI treatment program that addresses – what the program calls – issues of addiction and criminal pathology. The Colorado Department of Health, Alcohol and Drug Abuse Division (ADAD) licenses the program and Dr. Michael Maggard has run the Program for several years.

The theme of the program is based on “Clinical Criteria” that targets the “roots” of problem behaviors through a “Cognitive Restructuring Program.” Dr. Maggard believes that Multiple DUI offenders use drinking and driving as a way to act out psycho-social issues which are underneath the surface. The program includes both individual therapy and group therapy. Journals ar mandatory and the therapy includes homework assignments while participating in the program.

The Treatment Agenda may include:

1. Core Issues

2. Personality Disorders

3. Dual Diagnosis

4. Family Psycho-pathology

5. Individual Psycho-pathology

6. Internalization

7. Cognitive Restructuring

8. Internal Believe Systems

9. Problem Solving

This program is self-supporting, funded by the inmates participating in the program. The Multiple Offender Program is designed for individuals who have had three or more drinking and driving offences and who have completed or attempted to complete Level II therapy. Random urinalysis tests and breath-alyzers are collected during all three phases (see below).

What Are The Acceptance Criteria To Get Into The Program?

Each inmate who is recommended to the MOP program by the judge is interviewed and screened by both Crossover Counseling, Inc. (the therapist) and the ASP (the Alternative Sentencing Program) staff members prior to being accepted onto the program.

The criteria for acceptance into the program are:

1. The current offense is at least the third alcohol/drug offense (exceptions may apply).

2. The individual has a history of attempting Level II Therapy.

3. The criminal history does not indicate an undue risk to the community.

4. The inmate is willing to participate in the program.

5. The inmate is capable of caring and performing daily activities for him/her self.

6. The inmate is capable of maintaining legal and lawful employment.

7. The inmate does not display symptoms of psychosis.

8. The inmate is able and willing to pay therapy and work release fees.

9. To complete the entire program the sentence must be (1) year.

10. The inmate meets all other criteria for acceptance into the MOP program.

The Formal DUI MOPS Referral Process

1. The judge MUST authorize the individual to apply to the MOP Program by authorizing work release

2. The defendant must be remanded in court or may be allowed to turn him/herself in at a later date.

3_Crossorads receives the court order allowing MOPS, conducts an interview with the inmate, and determines that he or she is accepted or denied.

4. The Judge is notified immediately if the inmate has been approved or denied.

5. The defendant is moved to work release and starts the MOP Program. (This process can be only 2-3 days or longer depending if the individual has the funds for work release/MOP ($250.00 for the first two weeks).

After Acceptance Into The MOPS Program

Upon your acceptance and your being transferred from the general population to pod 2, the Crossover Counseling therapist completes the intake paperwork at the next available counseling session. At the time of this writing, counseling sessions are conducted on Monday’s and Tuesday’s during the evening hours.

The (3) three-phase treatment approach emphasizes individual assessment and treatment planning. Abstinence from alcohol and other drugs is the goal of treatment. Treatment, as stated below, includes cognitive restructuring, coping skills, relapse prevention, community reinforcement, and marital and family treatment.

The Three Phases Of Treatment Explained – Further Defined

MOP Treatment – Phase I

This is the Assessment phase. Individual strengths and needs and a a treatment plan is formulated for the individual followed by treatment which includes group and individual therapy with Dr. Maggard,. There is homework, journaling, and homework. If the MOP inmate does not participate or refuses to engage and do the homework..they are terminated frm the program and sent back to the general population.

MOP Treatment – Phase II

The second phase of treatment takes the problem solving skills of phase one and adds an analysis of the underlying issues that are behind their drinking. So called “cognitive distortions.”

emotional management, formulating new coping mechanisms, support networks and increasing problem solving skills are all addressed along with other underlying personality disorders.

MOP Treatment – Phase III

The final phase – usually at the end of 25 to 30 weeks of treatment – sends the MOP individual home on home detention if they have earned it. There is no guarantee. The MOP inmate must be current in payment, have demonstrated sufficient progress in problem solving and insight.  Classes still meet at the jail.

Upon Completion of the Multiple Offender Program..

…you will receive a “Discharge Referral Summary” proving your completion of 20 hours of Levell! DUI Education and 40 hours of Level II DUI Therapy. You will need that “Discharge Referral Summary” to present to the Motor Vehicle Division at the time of re-instatement of your driver’s license.

The Multiple Offender Program -The Cost of MOPS

One more thing – it is expensive, while there is a sliding scale for individuals participating in the program – most do not qualify.

The programs are part of the Arapahoe County Colorado’s Sheriff’s Office Alternative Sentencing (call them for more information – 720-874-3302)

As of this writing (Fall 2013) the MOP daily fee is $25.00 per day. The Arapahoe County Board of County Commissioner’s established the fee of $10.00 per day for the work release portion of the program and the Crossover Counseling therapist sets a fee of $13.00 per day for the therapy portion of the program.

The Multiple Offender Program is $25.00 per day and the MOP therapist is paid a portion from this daily fee. Fees are subject to change for any one or all programs.

When you report to the Arapahoe County Detention Facility for the initial book-in, bring your court paperwork, picture I.D. and the required funds. Work Release and Home Detention applicants must report with a minimum of $190.00 and Multiple Offender applicants must report with a minimum of $280.00. $30.00 of these required funds is for the initial booking fee. Funds must be in the form of cash; money order or cashiers check made payable to you.

The fees are automatically deducted from the Alternative Sentencing Program account (ASP) account on the 1st and 16th of each month in increments of 15 or 16 days at a time.

You are issued an ASP INMATE CARD

The card must be on your person at all times. In Arapahoe county – you are assigned to Pod 2.

There are specific requirements of clothing and person items and you therefore must have enough clothing for a seven-day period.  There is a linen exchange, laundry, meal plan, and rules on the use of just about everything you bring into and do in and out of the facility.

The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Here Is How The Work Schedule and Work Hours Are Applied

The MOPS inmate mus complete a weekly work schedule in a two-part form. The “pod deputy” signs off on the schedule and you are set – on a weekly basis – to complete your hourly tasks. You are allowed to work up to six days per week and up to a maximum of 60 working hours.

Travel time and lunch breaks are not included in the 60 hours and you are mandated to be in the jail at least EIGHT (8) HOURS BEFORE CHECKING OUT AGAIN FOR WORK; COURT OR ANY OTHER SCHEDULED EVENT,

There must be at least ONE FULL DAY OFF – during that day you are required to REMAIN IN THE FACILITY.

During your work schedule – you are allowed to leave the facility according to THAT approved work schedule and if you are released from your employment early, you are compelled to call into the ASP office and speak to an ASP staff member.

Changes To Your Work Schedule

If there is a need to make a change in an already approved/entered schedule, you must submit a revised schedule for approval. If you don’t do that – you are “locked down” in your cell until the new schedule is approved. Any overtime must also be approved.

What If You Lose Your Job?

If you are fired or otherwise laid off – you are required to call the ASP office immediately. ASP will help you to find another job – or at least assist you in the search.  If you enter the program and are not employed or you lose your job while in the program  – you are required to sign an “Employment Search Agreement” form and also to complete an “Employment Search Verification Form” on a daily basis and submit that to ASP staff for approval.

You are allowed to search for a job between 0500 -1830 hours Monday through Saturday unless an ASP deputy approves other arrangements.

You Must Have Your Own TRANSPORTATION

You have to provide your own form of transportation to and from the jail to your work site that includes public transportation if you do not have a driver’s license… (usually the case).

If a family member, a friend or even a coworker drives you to work they must submit a copy of their valid driver’s license, registration, and proof of insurance. If you drive your personal vehicle, you must do the same.

No Alcohol or Drugs, of Course

You may not use any form of alcohol or unauthorized or illegal drugs while in the MOPS program. Urinalysis – Breathalyzers and other forms of monitoring are mandatory. You will be

forced to submit to a PBT (personal breath testing device) or a urinalysis when a deputy requests a test. If you measure “hot” – you are reassigned (terminated) from the program into the general population of inmates and may be disciplined within the jail for a rules violation.

Finally you are not allowed ever to reapply for any Alternative Sentencing Programs and will be required to serve out the duration of your sentence in “general population.”

What About the Use of Prescribed and Non-Prescribed Medication At The Jail

With your doctor’s prescription – you are allowed NOT to bring your prescription into the jail but to have the prescription filled at the jail pharmacy and then paying for it.  The medication itself is locked away in a secure locker and your use of the medication is supervised by ASP staff.

Where Will I Be Allowed To Work And How?

The ASP deputy must approve each and every one of your job sites and locations while in the MOPS – work release program. Most commonly approved job sites are within Arapahoe County, the Denver metro area, Golden, Boulder, Brighton, Parker, Franktown, and Castle Rock. If you work outside the commonly approved job sites, the ASP Coordinator must authorize your request two work there. Finally – you must be AT your job site, stationary place of employment, or a scheduled event during your scheduled time out from the work release facility.

ASP deputies have the right – and will conduct unannounced and random visits to your place of employment or job site to ensure you are in your proper location and you are in full compliance with the “Terms and Conditions” of your sentence to MOPS – Work Release.

A Direct Route

You must always go directly to your scheduled events (such as work, a court date, your doctor, your lawyer , etc.} and then you must return directly to the work release facility when your scheduled events are completed for the day.

What About EDUCATION Release?

To be released for school you must submit proof of registration, a copy of your class schedule, and the name and location of the school for verification by an ASP staff member. The “School Class Confirmation Sheet” must be signed by your teachers in every class and turned into the ASP office on a daily basis.

Some Additional Information To Understand How Work Release, Home Detention & Mop Programs Operate:

1. You will be released to go to your place of employment or attend scheduled events, then back to the ASP facility, but if on Home Detention, then directly back to your home.

2. Schedule changes are limited and must be approved by an ASP deputy.

3. Your employment will be verified and conditions of the program will be explained to your employer.

4. ASP deputies will make unannounced visits at your place of employment, job site or home to ensure you are complying with the “Terms and Conditions” of ASP.

5. Work Release, Home Detention and MOP inmates earn good time credits.

6. You will be required to submit an initial and random urinalysis tests and you are responsible for the cost incurred.

7. Charges are public information and can/will be revealed upon request.

Some of Arapahoe – Douglas Counties Specific Additional Requirements For Alternative Sentencing Programs

1. The Sentencing courts written recommendation and Arapahoe County Sheriff’s Office final approval.

2. A Minimum sentence of 30 days and max sentence of 2 years for Work Release.

3. A Minimum sentence of 30 days and max sentence 365 days for MOP.

4. The Employment must be legal, lawful and suitable.

5. Employment and job sites are restricted to the ASP map boundaries.

6. The Participant must bring required funds as shown on “Program Costs” in this pamphlet.

 And Some Work Release, Home Detention and MOP Rules

1. You will be released to go to your place of employment or attend scheduled events, then back to the ASP facility, but if on Home Detention then directly back to your home.

2. Schedule changes are limited and must be approved by an ASP deputy.

3. Your employment will be verified and conditions of the program will be explained to your employer.

4. ASP deputies will make unannounced visits at your place of employment, job site or home to ensure you are complying with the “Terms and Conditions” of the ASP programs.

5. Work Release, Home Detention and Multiple Offender inmates earn good time credits.

6. You will be required to submit an initial and random urinalysis tests and you are responsible for the cost incurred.

7. Charges are public information and can/will be reveled upon request.

The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Conclusion

For Multiple Offenders – MOPS May Be The Best Solution For Them

The more lifetime DUI – DWAI – DUID’s you have – the more likely a one year sentence is what you will be looking at and MOPS may be the best solution for your situation. Know this however, it may also not work and actually result in your serving more jail on work release than your original sentence may have entailed.

Every case is different and depending on the facts of your case and the knowledge of your lawyer who will help you with the decision to take either “straight time behind bars” or engage in the MOPS program – may take some analysis under present Colorado DUI mandatory sentencing guidelines.

There have been complaints by many over the years who believe they did more time in the MOPS program than they would have done if they had gone for a “straight” sentence.. Here’s the rub – if MOPS is the reason you never offend again – it may make sense to work though the program as a long term strategy in your lifetime plan. The length and – or type of jail sentence is NOT the only variable in making a good decision.

Note also that Boulder County also offers the MOD program for individuals who have 3 or more DUI convictions. The program lasts over a year and also includes work release and IHD.

The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS)

ABOUT THE AUTHOR: H. Michael Steinberg - Email The Author  - A Denver Colorado DUI – DWAI – DUID Criminal Defense Lawyer  – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.

If you are charged with A Colorado crime or you have questions about The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS), please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience -  H. Michael Steinberg - Over 30 Years Medallionspecializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS).

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H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
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