C.R.S. § 17-32-101 Short title
17-32-101. Short title. This article shall be known and may be cited as the "Correctional Education Program Act of 1990".
Correctional Education Program
C.R.S. tit. 17, art. 32
in effectC.R.S. § 17-32-102 Legislative declaration
17-32-102. Legislative declaration. (1) The general assembly hereby finds and declares that illiteracy is a problem in today's society and a particular problem among persons in correctional facilities.
(2) The general assembly further finds and declares that:
(a) Illiteracy and cognitive and vocational deficiencies among persons in the custody of the department contribute to their inability to successfully reintegrate into society upon their release from custody and the likelihood of their return to criminal activity; and
(b) Research demonstrates a clear relationship between employment of such persons and a reduction in their recidivism.
(3) It is therefore the intent of the general assembly in enacting this article to:
(a) Develop and implement a comprehensive competency-based educational and vocational program to combat illiteracy and develop marketable employment skills among persons in correctional facilities so they can become productive members of society when they are reintegrated into society; and
(b) Ensure that state funding is provided to educational and vocational programs that meet performance objectives, provide market-relevant training, and are proven to increase the likelihood that persons who are released from a correctional facility will successfully reintegrate into society.
C.R.S. § 17-32-103 Definitions
17-32-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Correctional education program" means the comprehensive competency-based educational and vocational program for persons in the custody of the department developed and implemented pursuant to the provisions of this article in order to ensure that each such person reaches maximum proficiency and readiness for reintegration into society.
(2) and (3) Repealed.
C.R.S. § 17-32-104 Division of correctional education - advisory board to the division
17-32-104. Division of correctional education - advisory board to the division. (Repealed)
C.R.S. § 17-32-105 Development of correctional education program - goals and objectives - performance objectives - evaluation - transfers of custody - reports
17-32-105. Development of correctional education program - goals and objectives - performance objectives - evaluation - transfers of custody - reports. (1) On and after July 1, 1990, the correctional education program is responsible for providing educational services to persons in correctional facilities under the control of the department and for developing and implementing a comprehensive competency-based educational and vocational program, which must conform to the goals and objectives outlined in this subsection (1). The correctional education program may be implemented in phases with the goals and objectives implemented in all facilities in the order specified in this subsection (1); except that the goal and objective stated in subsection (1)(a) of this section must be implemented in all correctional facilities no later than July 1, 1991, and the entire program must be completely implemented in all correctional facilities no later than July 1, 1992. The program shall continue to operate instructional services currently offered in correctional facilities until such services are incorporated in or replaced by instructional services offered under the correctional education program. The correctional education program must encompass the following goals and objectives:
(a) First, to ensure that every inmate in a correctional facility shall receive appropriate academic services mandated by federal or state statutes, regulations, or orders;
(b) Second, to ensure that every person in a correctional facility who has an expectation of release from custody within five years and lacks basic and functional literacy skills receive adult basic education instruction in accordance with the provisions of subsection (3) of this section;
(c) Third, to provide every person in a correctional facility who has an expectation of release from custody within five years with the opportunity to achieve functional literacy, specifically the ability to read and write the English language and the ability to perform routine mathematical functions prior to his or her release;
(d) Fourth, to provide every person in a correctional facility who has an expectation of release from custody within five years and who has demonstrated the intellectual capacity with the opportunity to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S. A person who wishes to receive a standard high school diploma must meet the graduation requirements established by the school district where he or she was last enrolled or pass the high school equivalency examination. To be eligible to receive credit for completion of a course required for the receipt of a high school diploma, a person must satisfy the requirements for the course as established by the school district where he or she was last enrolled.
(e) Fifth, to ensure that every person in a correctional facility who has an expectation of release from custody within five years has an opportunity to acquire at least entry-level marketable vocational skills in one or more occupational fields for which there is a demonstrable demand in the economy of this state;
(f) Sixth, to ensure that every person in a correctional facility be released possessing life management skills which will allow him to function successfully in a free society;
lease from custody within five years has an opportunity to acquire at least entry-level marketable vocational skills in one or more occupational fields for which there is a demonstrable demand in the economy of this state;
(f) Sixth, to ensure that every person in a correctional facility be released possessing life management skills which will allow him to function successfully in a free society;
(g) Seventh, to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. Costs for such programs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships; or by such persons themselves; or through any combination of such funding.
(2) The correctional education program developed pursuant to subsection (1) of this section shall provide that training in the fundamentals of personal health be an integral part of all instructional services offered in such program. Such training shall include instruction in personal hygiene, general health, and substance abuse education. The program shall also provide courses of instruction in the evening in order to accommodate those persons in work programs.
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), any person in a correctional facility who lacks basic and functional literacy skills, as determined through the use of a literacy test approved by the state board of education, shall be required to complete sequential course work sufficient to allow the inmate to pass a competency test or the test of general education development or both. If a composite test score of functional literacy is not attained, the program may require the inmate to continue to receive adult basic education instruction.
(b) A person in a correctional facility who lacks basic and functional literacy skills shall be required to attend adult basic education instruction unless such person:
(I) Is serving a life sentence or is under sentence of death;
(II) Is specifically exempted by the program from participation for security or health reasons;
(III) Is housed at a community correctional facility;
(IV) Is determined, through testing, to have attained a functional literacy level;
(V) Is, because of a disability, at a maximum level of proficiency;
(VI) Refuses, in writing, to participate in adult basic education instruction; or
(VII) Fails to make "positive progress" after a minimum of twenty hours.
(4) This section shall not affect the eligibility of any person for educational training programs, vocational programs, or other programs expressly created under federal or state statutes, regulations, or orders.
(5) On or before December 31, 2010, the department shall develop a plan for each educational or vocational program offered pursuant to this article to meet the following performance objectives:
(a) The department is encouraged to use a vocational skills assessment to determine the vocational needs of each offender who is eligible to participate in a vocational program. To the extent practicable, the department shall assign each such offender to a vocational program based on this assessment.
(b) The program shall use a curriculum or a set of training practices that is:
(I) Approved by the department of education created in section 24-1-115, C.R.S., or the state board for community colleges and occupational education created in section 23-60-104, C.R.S.; or
(II) Described as part of an agreement or contract entered into pursuant to section 17-32-106 (1)(b).
based on this assessment.
(b) The program shall use a curriculum or a set of training practices that is:
(I) Approved by the department of education created in section 24-1-115, C.R.S., or the state board for community colleges and occupational education created in section 23-60-104, C.R.S.; or
(II) Described as part of an agreement or contract entered into pursuant to section 17-32-106 (1)(b).
(c) The program shall provide offenders training and competency in marketable skills that are relevant and likely to be in demand in the workplace as determined by data provided to the department by the department of labor and employment pursuant to subsection (6) of this section.
(6) On or before October 1, 2010, and on or before October 1 of each year thereafter, the department of labor and employment created in section 24-1-121, C.R.S., shall provide the department with data on current market trends and labor needs in Colorado to assist the department in providing educational and vocational programs that satisfy the performance objective described in paragraph (c) of subsection (5) of this section.
(7) When considering an offender for transfer, the department shall take the offender's enrollment in an educational or vocational program into consideration unless the offender is granted parole or is placed into a community corrections program pursuant to article 27 of this title. If the department transfers an offender enrolled in an educational or vocational program to another facility, the department is encouraged to give the offender priority for placement in a comparable educational or vocational program if such a program exists at the facility.
(8) The department shall annually report the following information concerning educational and vocational programs offered pursuant to this article:
(a) A list of the specific programs offered at each state-operated facility and private prison that houses offenders on behalf of the department;
(b) The number of instructors and the number of instructor vacancies, by program and facility;
(c) The annual capacity of each program;
(d) The annual enrollment of each program, including the number of offenders who were placed on a waiting list for the program and the average length of time spent on the waiting list by each such offender;
(e) The number of offenders who successfully completed each program in the previous fiscal year;
(f) The number of offenders who enrolled in each program but failed to successfully complete the program in the previous fiscal year, including for each such offender the reason for the offender's noncompletion;
(g) The percentage of parolees who are employed full-time, employed part-time, or unemployed at the end of the previous fiscal year;
(h) A summary of the results of any program evaluations or cost-benefit analyses performed by the department; and
(i) The total amount of state and federal funding allocated by the department during the most recently completed fiscal year for vocational and educational programs, including information concerning the allocation of each source of funding and the amount of funding received by each program.
C.R.S. § 17-32-106 Powers and duties of the program
17-32-106. Powers and duties of the program. (1) In connection with the development and implementation of the correctional education program, the program shall have the following powers and duties:
(a) To promulgate rules and regulations necessary to implement the correctional education program;
(b) To enter into agreements and contracts with school districts, charter schools, nonpublic schools, community colleges, local district colleges, state colleges and universities, trade unions, private occupational schools, private businesses, the department of labor and employment created in section 24-1-121, C.R.S., state and local government agencies, and private agencies as may be deemed appropriate for the purpose of providing instructional services necessary to implement the correctional education program. Agreements and contracts for the provision of instructional services shall expressly state the educational goals and objectives of the program and the specific requirements for instructional services.
(b.5) To sell goods and services pursuant to the provisions of section 17-32-108;
(c) To submit a budget request for the correctional education program for inclusion in the budget request for the department as a separate line item. Such line item shall be the department's total budget request for correctional education funding from the general fund and shall replace or include any such previous request for instructional or educational funding. Such budget request shall itemize the amount of the budget to be funded from the general fund of the state and the amount to be funded from moneys in the correctional education program fund created in section 17-32-107. No other funds from the general assembly shall be allocated to the department for any education program.
(d) To accept moneys from the federal government as well as contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations and do all things necessary, not inconsistent with this article or any other laws of this state, in order to avail itself of such federal moneys under any federal legislation. All moneys accepted by the program shall be transmitted to the state treasurer for credit to the correctional education program fund.
(e) To enter into agreements with state agencies, as appropriate, in order to receive any funding or moneys available for correctional education;
(f) To expend moneys appropriated to the program by the general assembly, including moneys in the correctional education program fund, for the purpose of implementing the correctional education program;
(g) Repealed.
(h) To enter into negotiations with the department of human services for the purpose of coordinating and offering education services to juveniles in the custody of that department. The executive directors of the departments of corrections and human services shall each submit a proposed plan to the governor and general assembly, no later than January 1, 1992, for integrating such juveniles into the correctional education program.
(i) To exercise any other powers or perform any other duties that are consistent with the purposes for which the program was created and that are reasonably necessary for the fulfillment of the program's responsibilities under this article.
C.R.S. § 17-32-107 Correctional education program fund
17-32-107. Correctional education program fund. There is created in the state treasury the correctional education program fund, which shall be administered by the program, and that consists of all moneys received by the program from the federal government, from the sale of goods or services by the program, and from contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations. The moneys in the fund are subject to annual appropriation by the general assembly to the program for the purpose of developing and implementing a correctional education program. Any moneys not appropriated or not expended at the end of the fiscal year remain in the fund and shall not be transferred to or revert to the general fund of the state. Any interest earned on the investment or deposit of moneys in the fund remains in the fund and shall not be credited to the general fund of the state.
C.R.S. § 17-32-108 Sale of goods and services
17-32-108. Sale of goods and services. (1) (a) The correctional education program is authorized to sell goods and services to inmates, invited guests, employees of the department, governmental agencies, or nonprofit organizations only if the provision of the goods or services offers a valuable educational experience for inmates and fulfills the goals and objectives of the program.
(b) The department shall adopt procedures for hearing complaints of unfair competition by privately owned businesses. If a privately owned business makes a complaint of unfair competition in relation to the activities of the correctional education program, the department shall hold a hearing on the complaint. The executive director or his or her designee shall hear the complaint, and the decision of the director or designee is final. As part of the report required by section 17-32-105 (8), the department shall report the number of complaints filed pursuant to this paragraph (b) and the outcome of the complaints.
(2) (a) The program shall fix and determine the prices at which all labor is performed and at which all goods and services produced are sold. Such prices must be as near to the prevailing market prices for goods and services of similar quality as is practical or goods and services sold through the Colorado community college system pursuant to section 24-113-104, C.R.S.
(b) The program shall ensure that the level of quality of goods and services produced is comparable to similar goods and services available from the private sector or the Colorado community college system. The sale of such goods or services shall not give rise to any warranties. No refund or replacement shall be made after ninety days from the date of the sale.
(c) The correctional education program shall transmit all revenues collected by the program from the sale of goods or services to the state treasurer for deposit in the correctional education program fund, created pursuant to section 17-32-107.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-17.docxFetched: 10/6/2026