Office of

Denver Adult Probation

Second Judicial District
Supervision State of Colorado Code: S-043
Date of Revision: December, 2017
Policy and Procedure Date of Previous Issues: October,
2017, June, 2015

SUBJECT: IMMIGRATION STATUS

SUBJECT: Immigration/Residency Status

PURPOSE:

The 2nd Judicial District Adult Probation Department (“Probation”) provides

supervision to clients sentenced to probation irrespective of the client’s citizenship.
However, because the residency status of a client on probation is directly related to
the client’s ability to comply with the terms and conditions of probation, as described
in C.R.S. 18-1.3-204, the following local policy shall be followed by Probation for
adult clients.

POLICY:
The 2ND Judicial District Probation Department is committed to providing services to
defendants in criminal cases regardless of their citizenship or immigration status.
Therefore, pre-sentence investigations will be completed, supervision will be
performed, and all other services will be rendered without regard to a defendant’s
citizenship or immigration status.

DEFINITIONS
“Complaint to revoke probation”: A complaint to revoke probation includes a
complaint to revoke a defendant’s probation, a complaint to revoke a defendant’s
deferred judgment and sentence, and a complaint to revoke both a defendant’s
probation and his or her deferred judgment and sentence.

“Probation”: The term “probation” includes both probation and a deferred judgment
and sentence.

“Probationer”: The term “probationer” includes a defendant on probation, a defendant

on a deferred judgment and sentence, and a defendant on both probation and a
deferred judgment and sentence.

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S-043 Immigration Status-April, 2018
PROCEDURES

A. Pre-Sentence Investigations

1. If a probation officer receives information from law enforcement

or court records regarding an ICE detainer that has been placed on
a defendant, that information shall be included in the defendant’s
pre-sentence investigation (“PSI”) report. The PSI report shall
state:

“According to law enforcement and/or court

records, a detainer has been placed on the defendant
by ICE.”

2. If a probation officer receives information from law enforcement

or court records regarding the undocumented immigrant status of a
probation-eligible defendant, that information shall be included in
the PSI report. The PSI report shall state:

“It is possible that the defendant’s undocumented

immigrant status may affect his/her ability to
comply with certain terms or conditions of
probation. However, the defendant is eligible for
probation and may be able to complete probation
successfully.”

B. Revocations

1. When an Undocumented Immigrant Probationer is Removed

From the Country

a. A probation officer shall file a complaint to revoke probation and

request an arrest warrant when the probationer fails to report to
probation and the probation officer has verified with ICE that the
probationer has been removed from the country.

b. Upon issuance of an arrest warrant pursuant to the preceding

paragraph (paragraph “a”), the probation officer shall close the
case utilizing the “DEPO” code in the Eclipse event screen.

c. A recommendation report shall be submitted to the Court

whenever a complaint to revoke probation is filed pursuant to
paragraph “a” above with respect to a probationer who has been
removed from the country. The recommendation report shall state:

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S-043 Immigration Status-April, 2018
 1. “The defendant was removed from the
country on _____________, and is not
appropriate for community supervision.”

2. When an Undocumented Immigrant Probationer is Not

Removed From the Country

In the event a probationer is unable to comply with the terms or conditions

of probation at least in part because of his or her undocumented immigrant
status, the complaint to revoke probation shall include the following
statement:

“The defendant was unable to comply with the terms or

conditions of probation in part because of his/her
undocumented immigrant status.”

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S-043 Immigration Status-April, 2018