Department of Corrections

C.R.S. tit. 17, art. 1

in effect

C.R.S. § 17-1-101 Executive director - creation - division heads - medical personnel

17-1-101. Executive director - creation - division heads - medical personnel. (1) The governor, with the consent of the senate, shall appoint an executive director of the department of corrections, who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109, C.R.S. (2) There is hereby created, within the department of corrections, the division of correctional industries, the division of adult parole, and such other divisions and programs as are deemed necessary by the executive director for the safe and efficient operation of the department. The executive director shall organize such divisions and programs in an appropriate manner. Subject to the provisions of section 13 of article XII of the state constitution, the executive director shall appoint the heads of such divisions, and the heads of such divisions shall appoint such personnel as are necessary to carry out the functions of the divisions. (3) (a) Medical personnel employed at any of the institutions subject to the control of the executive director, the medical director of which is licensed to practice medicine in this state, shall be exempt from the provisions of the "Colorado Medical Practice Act", article 240 of title 12, with respect to service rendered to bona fide patients or inmates at said institutions, if such personnel are licensed to practice medicine in any other state of the United States or any province of Canada, have satisfactorily completed an internship of not less than one year in the United States, Canada, or Puerto Rico in a hospital approved for that purpose by the American Medical Association, have satisfactorily completed three years of postgraduate residency training, or its equivalent, in their particular specialty in a hospital approved for that purpose by the American Medical Association, and can read, write, speak, and understand the English language. Proof of said requirements shall be submitted to and approved or disapproved by the executive director. (b) All such personnel as cannot satisfy all of the requirements set forth in subsection (3)(a) of this section shall be exempt from the "Colorado Medical Practice Act", article 240 of title 12, with respect to services rendered to bona fide patients or inmates at said institutions, if such personnel are of good moral character, are graduates of an approved medical college as defined in section 12-240-104 (3), have completed an approved internship of at least one year as defined in section 12-240-104 (2), and, within nine months after first being employed, pass the examinations approved by the Colorado medical board under the provisions of the "Colorado Medical Practice Act" and the National Board of Medical Examiners, the National Board of Examiners for Osteopathic Physicians and Surgeons, or the Federation of State Medical Boards, or their successor organizations, on subjects relating to the basic sciences, are able to read, write, speak, and understand the English language, and, in the case of personnel who are not citizens of the United States, become citizens within the minimum period of time within which the particular individual can become a citizen according to the laws of the United States and the regulations of the immigration and naturalization service of the United States, or any successor agency, or within such additional time as may be granted by said boards. (c) Medical personnel granted exemption under paragraphs (a) and (b) of this subsection (3) may not practice medicine except as described in this subsection (3) without first complying with all of the provisions of said "Colorado Medical Practice Act".

C.R.S. § 17-1-102 Definitions

17-1-102. Definitions. As used in this title 17, unless the context otherwise requires: (1) and (1.3) (Deleted by amendment, L. 93, p. 404, § 1, effective April 19, 1993.) (1.7) "Correctional facility" means any facility under the supervision of the department in which persons are or may be lawfully held in custody as a result of conviction of a crime. (2) "Department" means the department of corrections. (3) (Deleted by amendment, L. 94, p. 602, § 2, effective July 1, 1994.) (4) "Executive director" means the executive director of the department of corrections. (5) and (6) (Deleted by amendment, L. 2000, p. 829, § 2, effective May 24, 2000.) (6.5) "Inmate" means any person who is sentenced to a term of imprisonment for a violation of the laws of this state, any other state, or the United States. (6.7) "Inmate liaison" means an inmate's family member or attorney, a government agency, or a representative from an organization with experience in helping inmates apply for special needs parole, high-needs prerelease planning, or reentry. The organization must be in good standing with the Colorado secretary of state for the past twelve consecutive months and the organization's involvement must be at the request of the inmate, or an inmate's family member or attorney should the inmate be unable to make the request. (7) "Local jail" means a jail or an adult detention center of a county or city and county. (7.3) "Private contract prison" means any private prison facility in this state operated by a political subdivision of this state or an incorporated or unincorporated business entity; except that "private contract prison" does not include any local jail, multijurisdictional jail, or community corrections center. (7.4) "Serious impairment that limits a person's ability to function" means a medically diagnosed physical or mental condition that is chronic and long term in nature and severely limits a person's ability to independently perform essential day-to-day activities without daily intervention, attention, or support from an inmate aide or professional caregiver. (7.5) (a) "Special needs offender" means a person in the custody of the department: (I) Who is fifty-five years of age or older and has been diagnosed by a licensed health-care provider who is employed by or under contract with the department or by a private licensed health-care provider involved in providing patient care to the inmate as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder that causes serious impairment that limits the person's ability to function; (II) Who, as determined by a licensed health-care provider who is employed by or under contract with the department or by a private licensed health-care provider involved in providing patient care to the inmate, suffers from a chronic, permanent, terminal, or irreversible physical illness, condition, disease, or a behavioral or mental health disorder that requires costly care or treatment and who is incapacitated; (III) Who is sixty-four years of age or older and has served at least twenty years of the person's sentence and was not convicted of a class 1 or class 2 felony for a crime as defined in section 24-4.1-302 (1), unlawful sexual behavior as defined in section 16-22-102 (9), a crime that includes domestic violence as defined in section 18-6-800.3 (1), or stalking as described in section 18-3-602; or (III) Who is sixty-four years of age or older and has served at least twenty years of the person's sentence and was not convicted of a class 1 or class 2 felony for a crime as defined in section 24-4.1-302 (1), unlawful sexual behavior as defined in section 16-22-102 (9), a crime that includes domestic violence as defined in section 18-6-800.3 (1), or stalking as described in section 18-3-602; or (IV) Who, as determined by a licensed health-care provider who is employed by or under contract with the department or a competency evaluator as defined in section 16-8.5-101 (3) and approved by the department of human services, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, is incompetent to proceed and does not have a substantial probability of being restored to competency for the completion of any sentence including a person who has been diagnosed with dementia that renders the person incompetent to proceed. As used in this subsection (7.5)(a)(IV), "competency" has the same meaning as "competent to proceed", as defined in section 16-8.5-101 (5), and "incompetent to proceed" has the same meaning as defined in section 16-8.5-101 (12). (b) (I) Notwithstanding subsection (7.5)(a) of this section, "special needs offender" does not include a person who: (A) Was convicted of a class 1 felony and sentenced to life with the possibility of parole and the offender has served fewer than twenty calendar years in a department of corrections facility for the offense; (B) Was convicted of a class 1 felony and sentenced to life without parole; or (C) Was convicted of a class 2 felony crime of violence as described in section 18-1.3-406 and the offender has served fewer than ten calendar years in a department of corrections facility for the offense. (II) This subsection (7.5)(b) does not apply to an inmate who has been diagnosed as having a terminal illness with an anticipated life expectancy of twelve months or less by a licensed health-care provider who is employed by or under contract with the department or by a private licensed health-care provider involved in providing patient care to the inmate. (8) "State inmate" means any person who is sentenced by the state to a term of imprisonment in a correctional facility or who is sentenced to a term of imprisonment pursuant to section 16-11-308.5, C.R.S. (8.5) "Tampering" means intentionally attempting to disable, damage, or destroy an electronic monitoring device so as to render the device nonfunctional in order to avoid supervision. (9) "Warden" means the administrative head of a correctional facility.

C.R.S. § 17-1-103 Duties of the executive director

17-1-103. Duties of the executive director. (1) The duties of the executive director are: (a) To manage, supervise, and control the correctional institutions operated and supported by the state; to monitor and supervise the activities of private contract prisons; to manage and supervise the divisions, agencies, boards, and commissions that are or may be transferred to or established within the department by law or by the executive director pursuant to section 17-1-101 (2); to provide work and self-improvement opportunities; and to establish an environment that promotes habilitation for successful reentry into society; (a.5) To develop policies and procedures governing the operation of the department; (b) To supervise the business, fiscal, budget, personnel, and financial operations of the department and the institutions and activities under his or her control; (c) In consultation with the division directors and the wardens, to develop a systematic building program providing for the projected, long-range needs of the institutions under his or her control; (d) To efficiently manage the lands associated with or owned by the department; (e) To the extent practical, to utilize the staff and services of other state agencies and departments, within their respective statutory functions, to carry out the purposes of this title; (f) To develop within the correctional institutions, rehabilitation and work programs that develop work skills for inmates and supply necessary products for state institutions and other public purposes as specified by law; (g) Repealed. (h) (Deleted by amendment, L. 2000, p. 830, § 3, effective May 24, 2000.) (i) Repealed. (j) (Deleted by amendment, L. 2000, p. 830, § 3, effective May 24, 2000.) (k) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.; (l) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.; (m) To provide information to the director of research of the legislative council concerning population projections, research data, and the projected long-range needs of the institutions under the control of the executive director and any other related data requested by the director; (n) To contract with the department of human services to house in a facility operated by the department of human services any juvenile under the age of fourteen years who is sentenced as an adult to the department of corrections and to provide services for the juvenile pursuant to section 19-2.5-802 (1)(e); (o) To appoint an inspector general and investigators as provided in section 17-1-103.8; (p) Notwithstanding the provisions of the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., and part 3 of said article 72, to adopt such policies and guidelines as may be necessary concerning the release of records to inmates; (q) To collaborate with the department of personnel and the office of information technology on their existing efforts to modernize the state's personnel timekeeping systems in order to produce a system that is transparent, accountable, and easily employed by department personnel; d article 72, to adopt such policies and guidelines as may be necessary concerning the release of records to inmates; (q) To collaborate with the department of personnel and the office of information technology on their existing efforts to modernize the state's personnel timekeeping systems in order to produce a system that is transparent, accountable, and easily employed by department personnel; (r) In consultation with the behavioral health administration and the office of economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers, to develop resources for inmates post-release that provide information to help prepare inmates for release and successful reintegration into their communities. The resources must reflect the needs of diverse and underserved populations and communities. (2) The executive director shall have such other duties and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (3) (a) (I) The executive director shall, upon the recommendation of the department's chief medical officer, appoint a panel of medical consultants. (II) The executive director shall, upon the recommendation of the department's chief medical officer, determine the membership of the panel based on the medical and surgical needs of the department. (III) The executive director shall determine the qualifications for appointment to the panel of medical consultants; except that all members of the panel shall be licensed by the Colorado medical board pursuant to article 240 of title 12 or the Colorado dental board pursuant to article 220 of title 12. (b) Members of the panel of medical consultants shall be compensated at a rate which shall be approved by the executive director. Compensation shall be paid from available funds of the department. (c) The panel members shall act as medical consultants to the department with respect to persons receiving services from any correctional facility as defined in section 17-1-102 (1.7). (d) A member of the panel of medical consultants, for all activities performed within the course and scope of said member's responsibilities to the department, shall be entitled to all of the protections of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., as if the panel member were a "public employee" as defined in section 24-10-103 (4), C.R.S. This provision shall not be construed to afford independent contractors hired as panel members any of the protections of the state personnel system, article 50 of title 24, C.R.S. (e) For purposes of this subsection (3), "panel of medical consultants" means a panel of medical physicians, dentists, or oral surgeons whose duty is to deliver medical services or services related to oral surgery. (4) For an inmate who was convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802, the executive director shall ensure that the inmate has the opportunity to participate in treatment, programs, and services that is equal to the opportunities granted to other inmates who will be eligible for parole or discharge.

C.R.S. § 17-1-103.5 Literacy corrections program - legislative declaration - repeal

17-1-103.5. Literacy corrections program - legislative declaration - repeal. (Repealed)

C.R.S. § 17-1-103.7 Duties of executive director - emergency response time - legislative declaration

17-1-103.7. Duties of executive director - emergency response time - legislative declaration. (Repealed)

C.R.S. § 17-1-103.8 Executive director - inspector general - investigators - duties

17-1-103.8. Executive director - inspector general - investigators - duties. (1) The executive director, pursuant to section 13 of article XII of the state constitution, shall appoint a person to the position of inspector general. The person appointed to the position shall report to the executive director and shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S. (1.5) The executive director, in consultation with the inspector general, shall appoint investigators who shall operate under the inspector general's direct authority. Investigators appointed pursuant to this section shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S. (2) The inspector general and the investigators under the inspector general's direction have the following duties: (a) To investigate, detect, and prevent any crimes, criminal enterprises, or conspiracies originating within the department and any crimes, criminal enterprises, or conspiracies originating outside correctional facilities if the crimes, criminal enterprises, or conspiracies are related to the safety and security of correctional facilities, public or private. Evidence obtained by the inspector general or an investigator of any crimes so investigated shall be: (I) Reported to the applicable local law enforcement agency; or (II) With the consent of the district attorney, reported directly to the district attorney, attorney general, or United States attorney having jurisdiction over the issue; or (III) In the case of a city and county, reported immediately to the local law enforcement agency, and the agency may complete the investigation and report the findings to the district attorney having jurisdiction over the city and county. (b) To investigate, detect, and prevent any violations of administrative regulations or state policy and procedure and any waste or mismanagement of departmental resources and corruption that may occur within the department and any other violation that may be committed by department staff where the violation could affect the performance of staff duties or tend to erode public confidence in the performance of the department; (c) and (d) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.) (e) To conduct preemployment investigations and integrity interviews of all persons who apply for employment with the department, including employment as contractors and subcontractors. The preemployment investigations and integrity interviews shall ensure that department employees meet the minimum standards set forth by state personnel rules, executive orders, and department policies. (f) Upon request of a division of the department or a law enforcement agency, to seek out and arrest any fugitive from a correctional facility and to assist a law enforcement agency in the apprehension of fugitives from justice throughout the state. (2.5) On or before March 1, 2024, and on or before March 1 of each year thereafter, the department shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, regarding the utilization of the services described in subsection (2)(f) of this section during the prior year. The report must include, at a minimum, data on the number of times the inspector general or the investigators under the inspector general's direction were used pursuant to subsection (2)(f) of this section, including the number of investigators required, the time committed to the effort, and the cost. (3) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.) (4) For purposes of this section, "correctional facilities" includes but is not limited to any facility with which the department has contracted to house offenders who are in the legal custody of the department. (5) (Deleted by amendment, L. 2008, p. 464, § 1, effective April 14, 2008.)

C.R.S. § 17-1-104 Facilities managed, supervised, and controlled

17-1-104. Facilities managed, supervised, and controlled. (Repealed)

C.R.S. § 17-1-104.3 Correctional facilities - locations - security level - report

17-1-104.3. Correctional facilities - locations - security level - report. (1) (a) Each facility operated by or under contract with the department shall have a designated security level. Designation of security levels shall be as follows: (I) Level I facilities shall have designated boundaries, but need not have perimeter fencing. Inmates classified as minimum may be incarcerated in level I facilities, but generally inmates of higher classifications shall not be incarcerated in level I facilities. (II) Level II facilities shall have designated boundaries with a single or double perimeter fencing. The perimeter of level II facilities shall be patrolled periodically. Inmates classified as minimum restrictive and minimum may be incarcerated in level II facilities, but generally inmates of higher classifications shall not be incarcerated in level II facilities. (III) Level III facilities generally shall have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level III facilities shall be continuously patrolled. Appropriately designated close classified inmates, medium classified inmates, and inmates of lower classification levels may be incarcerated in level III facilities, but generally inmates of higher classifications shall not be incarcerated in level III facilities. (IV) Level IV facilities shall generally have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level IV facilities shall be continuously patrolled. Close classified inmates and inmates of lower classification levels may be incarcerated in level IV facilities, but generally inmates of higher classifications shall not be incarcerated in level IV facilities on a long-term basis. (V) Level V facilities comprise the highest security level and are capable of incarcerating all classification levels. The facilities shall have double perimeter fencing with razor wire and detection devices or equivalent security architecture. These facilities generally shall use towers or stun-lethal fencing as well as controlled sally ports. The perimeter of level V facilities shall be continuously patrolled. (b) The correctional facilities operated by the department, the location of such facilities, and the designated security level of such facilities shall be as follows: Correctional facility Location Security level Colorado state Fremont county Level V penitentiary Centennial correctional Fremont county Level V facility Limon correctional Lincoln county Level IV facility Arkansas Valley Crowley county Level III correctional facility Buena Vista Chaffee county Level III correctional complex Colorado Territorial Fremont county Level III correctional facility Fremont correctional Fremont county Level III facility Arrowhead Fremont county Level II correctional center Four Mile Fremont county Level II correctional center Skyline correctional Fremont county Level I center Colorado correctional Jefferson county Level I center Delta correctional Delta county Level I center Rifle correctional Garfield county Level I center Colorado correctional Chaffee county Level I alternative program Denver reception and City and county Level V diagnostic center of Denver La Vista correctional Pueblo county Level III facility San Carlos Pueblo county Level V correctional facility Sterling correctional Logan county Level V facility Trinidad correctional Las Animas county Level II facility Denver women's City and county Level V correctional facility of Denver Youthful offender Pueblo county Level III system and county Level V diagnostic center of Denver La Vista correctional Pueblo county Level III facility San Carlos Pueblo county Level V correctional facility Sterling correctional Logan county Level V facility Trinidad correctional Las Animas county Level II facility Denver women's City and county Level V correctional facility of Denver Youthful offender Pueblo county Level III system (b.5) Not more than six hundred and fifty beds at the Centennial south campus of the Centennial correctional facility may be operated by the department for the purpose of housing inmates who are close custody inmates. At the discretion of the executive director, the department may house inmates of a lower than close custody level in order to facilitate the movement of inmates displaced as a result of prison closure, during a declared disaster emergency by the governor, or if the lower than close custody inmate is voluntarily assigned to work at the facility, or voluntarily serving as a mentor peer-support, or in another other leadership role as part of departmental programming with the purpose of progressing close custody inmates to lower security levels. The underlying declared disaster emergency must impact state prison operations. (b.7) Repealed. (c) For the purposes of retrofitting the Pueblo minimum center from a level II facility to a level III facility, the department shall expend moneys received from the federal "Jobs and Growth Tax Relief Reconciliation Act of 2003", as amended, Pub.L. 108-27, and shall not request additional capital construction dollars for this purpose. (2) Subsection (1) of this section shall be construed to set forth the features and general operation status of the facilities described in that subsection. Nothing in subsection (1) of this section shall be construed to define or restrict the custody level of inmates placed in the facilities described in that subsection. (3) (Deleted by amendment, L. 2000, p. 831, § 6, effective May 24, 2000.) (4) Repealed. (5) Notwithstanding section 24-1-136 (11)(a)(I), monthly the department shall submit a project status report on construction and a monthly population and capacity report to the office of state planning and budgeting, the joint budget committee, the capital development committee, and the legislative council. The monthly population and capacity report must include information on state and private contract facilities, including operational capacity for the previous month, the month just ending and capacity changes, on grounds population, and operational capacity for this period in the previous year. The department shall include total beds occupied in each facility, state or private contract, by custody level and by gender. The report shall itemize operational capacities for jail backlog, community corrections, parole, youthful offenders, escapees, and revocations.

C.R.S. § 17-1-104.4 Future correctional facility needs

17-1-104.4. Future correctional facility needs. (Repealed)

C.R.S. § 17-1-104.5 Incarceration of inmates from other states - private contract prison facilities

17-1-104.5. Incarceration of inmates from other states - private contract prison facilities. (1) The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern. (2) No inmate from a state other than Colorado may be received into the state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state: (a) Without the express approval of the executive director, which approval shall not be unreasonably withheld; and (b) Unless the private contract prison facility or a prison facility operated by a political subdivision is designed to meet or exceed the appropriate security level for the inmate. (3) The department shall develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado as developed by the executive director. (4) Upon violation of this section, the executive director may rescind his or her approval pursuant to subsection (2) of this section and must provide at least sixty days notice to the contracting parties of the recision.

C.R.S. § 17-1-104.6 Planning and review requirements - legislative intent

17-1-104.6. Planning and review requirements - legislative intent. (1) The general assembly hereby finds and declares that the construction, expansion, renovation, or improvement of state-built and operated department of corrections facilities is a matter of statewide and not local concern. Therefore, the department, in authorizing and financing the construction, expansion, renovation, or improvement of its facilities, is exempt from regional, county, and local planning requirements, including those specified in section 30-28-110, C.R.S., and those authorized by section 29-20-104, C.R.S. (2) Notwithstanding the provisions of subsection (1) of this section, whenever the department plans to locate a new corrections facility or expand an existing corrections facility, the department shall submit facility program plans to the governing body of the county or municipality in which the facility is proposed to be located or expanded and afford the governing body an opportunity for advisory review of such plans. (3) The intent of the general assembly in enacting this section is to clarify the meaning of current law concerning regional, county, and local planning requirements and to clarify that the general assembly never intended to require the department to submit plans to authorize or construct its facilities for approval by local, county, or regional planning authorities. Accordingly, this section is intended to apply to causes of action pending on or filed on or after July 1, 1996.

C.R.S. § 17-1-104.7 Management plan for housing of juveniles - report

17-1-104.7. Management plan for housing of juveniles - report. (Repealed)

C.R.S. § 17-1-104.8 Legislative review of facilities program plans for correctional facilities

17-1-104.8. Legislative review of facilities program plans for correctional facilities. (Repealed)

C.R.S. § 17-1-104.9 Custody levels for state inmates at private prisons - correctional emergency - definition

17-1-104.9. Custody levels for state inmates at private prisons - correctional emergency - definition. (1) Based upon available appropriations and based upon an annual review by the general assembly, the department is authorized to permanently place state inmates classified as medium custody and below in private contract prisons. Except as otherwise provided in subsection (2) of this section, the department may not place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. This section does not prevent a private contract prison from incarcerating an inmate who has been reclassified to a higher custody designation as a result of an offense committed within the private contract prison. However, it is the intent of the general assembly that the department move any inmate of a higher custody designation out of the private contract prison as soon as space is available at a state-operated correctional facility. (2) (a) At the request of the executive director, the governor may, in his or her discretion, declare a correctional emergency and by proclamation authorize the department to place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. A proclamation issued under this subsection (2) shall remain in effect for thirty days. (b) At the request of the executive director, the governor may, in his or her discretion, renew a declaration of correctional emergency and reissue a proclamation in accordance with paragraph (a) of this subsection (2) for one or more additional thirty-day periods as the governor deems appropriate. (c) For purposes of this section, "correctional emergency" means a riot, a disturbance, a homicide, or inmate violence occurring in a correctional facility or in transit to or from a correctional facility, or a situation involving inmates that presents a clear and immediate danger to the safety, security, and control of the department. "Correctional emergency" does not include inmate overcrowding.

C.R.S. § 17-1-105 Powers of executive director

17-1-105. Powers of executive director. (1) The executive director shall have and exercise: (a) All the right and power to transfer an inmate between correctional facilities. (b) Repealed. (c) The authority to enter into contracts and agreements with other jurisdictions, including other states, the federal government, and political subdivisions of this state, for the confinement and maintenance in state correctional facilities of inmates sentenced to imprisonment by the courts of such other jurisdictions. The executive director shall notify the appropriate authorities of other jurisdictions, as the executive director deems appropriate, of the availability of space in state correctional facilities for the confinement and maintenance of inmates from other jurisdictions. (d) The authority to lease real property and personal property of the department and any interest therein pursuant to law; (e) The authority to enter into contracts with any county for the placement of inmates pursuant to section 16-11-308.5, C.R.S.; (f) The authority to enter into contracts and agreements with other jurisdictions, including other states, the federal government, and political subdivisions of this state, for the confinement and maintenance of offenders sentenced to imprisonment by the courts of this state and the authority to reimburse such jurisdictions for the expenses incurred by such jurisdictions in the confinement and maintenance of said offenders; (g) The authority to issue administrative warrants, solely for the purpose of returning to a correctional facility, jail, or community corrections center, offenders who have escaped from the custody and care of the department, community corrections, the parole board, or the division of adult parole, containing notice to appropriate law enforcement agencies that there is probable cause to believe that an offender has escaped from custody; (h) The authority to enter into written agreements with any local, state, regional, or federal law enforcement agency operating within the state to allow such agencies and the department to provide personnel or operational support to one another, if deemed available by the executive director, in support of emergency law enforcement operations in Colorado; (i) The authority to enter into written agreements with any local, state, regional, or federal law enforcement agency operating within the state to permit department personnel to assist in apprehending offenders who have escaped from the custody of the department. (1.5) The executive director shall have such other powers and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (2) (a) The executive director shall, subject to approval by the capital development committee and subject to annual appropriation, be authorized to enter into agreements under which the state may acquire title to correctional facilities developed and constructed with private funds upon payment of the stipulated aggregate annual payments within a period of time not to exceed thirty years. The executive director shall also consider all costs associated with the agreement, including indirect costs for administration and monitoring of the agreement and total costs of the agreement including principal and interest. (b) The executive director shall establish design standards and specifications which shall be met by any facility which is to be occupied pursuant to this subsection (2). (c) Any proposal which meets such design standards and specifications and which has been approved by the capital development committee shall be specifically authorized, prior to its execution, by a separate bill enacted by the general assembly. Subsequent to such authorization by the general assembly in such manner, payments by the state may be made from moneys appropriated by the general assembly without the necessity of a separate bill. tandards and specifications and which has been approved by the capital development committee shall be specifically authorized, prior to its execution, by a separate bill enacted by the general assembly. Subsequent to such authorization by the general assembly in such manner, payments by the state may be made from moneys appropriated by the general assembly without the necessity of a separate bill. (d) Payments under such agreements shall be included in the capital construction fund, subject to annual appropriation by the general assembly, and shall be certified, audited, and paid in the same manner as all other accounts and expenditures are paid out of such funds appropriated to the capital construction fund. Such obligations shall not create an indebtedness of the state within the meaning of any provisions of the state constitution or laws of the state concerning or limiting the creation of indebtedness of the state. (e) Each agreement entered into pursuant to this subsection (2) may contain such terms, provisions, and conditions as the executive director deems appropriate, including provisions by which the state may receive fee title to the real and personal property which is the subject of each agreement on or prior to the expiration of the terms thereof, including all optional terms. (f) Property acquired or occupied pursuant to this subsection (2) shall be exempt from taxation so long as it is used for a public purpose connected with any authorized work or programs of the department. (g) Subject to annual appropriations by the general assembly, agreements entered into pursuant to this subsection (2) shall be enforceable in any court of competent jurisdiction in the state. (3) The entity with which the department enters into an agreement pursuant to subsection (2) of this section shall submit a detailed plan for the department of corrections to assume responsibility for a correctional facility when the contract between the state and the entity terminates. The state, through the executive director of the department of corrections, may terminate the agreement for cause after written notice of material deficiencies and after sixty workdays have been provided to the entity to correct the material deficiencies. If any event occurs involving the noncompliance with or violation of contract terms and presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department of corrections may temporarily assume responsibility for the correctional facility. In addition, the entity shall submit a plan for the temporary assumption of operations of a correctional facility by the department of corrections in the event of bankruptcy or the financial insolvency of the entity. The entity shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events. The plan shall comply with applicable national correctional standards. The state may assume responsibility for the operation of a facility upon approval by the general assembly through the enactment of legislation.

C.R.S. § 17-1-105.1 Accreditation of private contract prisons

17-1-105.1. Accreditation of private contract prisons. (1) Repealed. (2) Prior to submitting building plans to any county, municipality, city and county, or other local governmental agency, any company proposing to construct a private prison within the state shall conduct at least one hearing in the county where the facility is proposed to be constructed for public input following at least twenty days' notice published in a newspaper of general circulation in the county in which the private prison is to be located. (3) (a) A private prison shall not contract to house any inmate, except on a temporary basis, unless within two years of the date that it accepts its first inmate it holds a current accreditation by the American correctional association. (b) The executive director may extend the time period for a private prison to obtain the accreditation required by paragraph (a) of this subsection (3) upon a showing of good cause.

C.R.S. § 17-1-105.5 Contract rates

17-1-105.5. Contract rates. (1) Contracts for the confinement and maintenance of state inmates in private contract facilities or facilities operated by a political subdivision of the state entered into pursuant to this article shall be at rates that are negotiated by the department; except that the rate shall not exceed the maximum rate that is provided in the annual general appropriation bill. (2) Repealed.

C.R.S. § 17-1-106 Transfer of functions

17-1-106. Transfer of functions. (Repealed)

C.R.S. § 17-1-107 Department may accept gifts, donations, and grants

17-1-107. Department may accept gifts, donations, and grants. The department may accept, or refuse to accept, on behalf of and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected with the work or programs of the department. The executive director, with the approval of the governor, shall have the power to direct the disposition of any such gift, donation, or grant so accepted for any purpose consistent with the terms and conditions under which given.

C.R.S. § 17-1-107.5 State criminal alien assistance program cash fund - creation

17-1-107.5. State criminal alien assistance program cash fund - creation. (1) There is hereby created in the state treasury the state criminal alien assistance program cash fund. The fund shall consist of moneys received by the state under the federal state criminal alien assistance program of the federal "Immigration and Nationality Act", 8 U.S.C. sec. 1231 (i). All such moneys shall be transmitted to the state treasurer, who shall credit the same to the fund. The moneys in the fund shall be subject to appropriation by the general assembly to the department of corrections for the 2004-05 state fiscal year and each fiscal year thereafter for the purposes of defraying the costs of incarcerating undocumented criminal aliens sentenced to a term of imprisonment with the department. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of the fiscal year shall remain in the fund and shall not be transferred or credited to the general fund or another fund. (2) For the purpose of maximizing revenues in the state criminal alien assistance program cash fund, the governor shall, in connection with an annual request for compensation to the state for incarcerating undocumented criminal aliens pursuant to the federal "Immigration and Nationality Act", 8 U.S.C. sec. 1231 (i), submit to the United States attorney general the average per-inmate cost and the total cost of incarcerating such undocumented criminal aliens for the state fiscal year for which the request is made.

C.R.S. § 17-1-108 Transfer of inmates

17-1-108. Transfer of inmates. (1) A person committed to the care and custody of the department as an inmate who is transferred to another institution, agency, or person for care and keeping, or who is transferred from a jail to the department, shall be transferred with medical records and any other record necessary and relevant to the nature and length of the transfer. Such records shall be provided to the person or agency who will receive the inmate, and the receiving person or agency shall acknowledge receipt of the records and approve of the transfer. (2) (Deleted by amendment, L. 94, p. 603, § 4, effective July 1, 1994.)

C.R.S. § 17-1-109 Duties and functions of the warden

17-1-109. Duties and functions of the warden. (1) The warden of each correctional facility shall exercise the powers and perform the duties and functions assigned to the warden by this article under the supervision and control of the executive director or the executive director's designee. (2) (a) The warden of each correctional facility should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any person who actively participates in disruptive security-threat group behavior, as defined in paragraph (b) of this subsection (2), so as to prevent contact with other inmates at such facility. The warden should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new security-threat group members from among the general inmate population. Association with an inmate gang or security-threat group alone shall not be sufficient to meet the requirements of this paragraph (a). (b) For the purposes of this subsection (2), unless the context otherwise requires, "security-threat group" means a group of three or more individuals acting in concert or individually in an activity that is characterized by criminal conduct or conduct that violates the department's code of penal discipline for the purpose of disrupting prison operations, recruiting new members, damaging property, or inflicting or threatening to inflict harm to employees, contract workers, volunteers, or other state inmates.

C.R.S. § 17-1-109.5 Correctional facility employees - rules

17-1-109.5. Correctional facility employees - rules. (1) On and after April 1, 2004, the department shall not hire a person who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., to work at a correctional facility. (2) The department shall ensure that any person who is employed to work at a correctional facility as of April 1, 2004, and who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., does not have unsupervised contact with an inmate on and after April 1, 2004. (3) If a person, while employed by the department, is convicted of an offense that requires the employee to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., the employee shall immediately notify the department of the conviction and the registration requirement. The department shall ensure that the employee does not have unsupervised contact with an inmate on and after the date it receives notice pursuant to this subsection (3). (4) The executive director shall adopt such rules as may be necessary to ensure compliance with the requirements of this section.

C.R.S. § 17-1-110 Joint review committee on corrections

17-1-110. Joint review committee on corrections. (Repealed)

C.R.S. § 17-1-111 Certain provisions of the administrative procedure act not to apply

17-1-111. Certain provisions of the administrative procedure act not to apply. The provisions of this title relating to the placement, assignment, management, discipline, and classification of inmates shall not be subject to section 24-4-103, 24-4-105, or 24-4-106, C.R.S.

C.R.S. § 17-1-112 Expenses - reimbursement by department - report

17-1-112. Expenses - reimbursement by department - report. (1) Subject to available appropriations, the department shall reimburse any county or city and county for a portion of the expenses and costs incurred by that county or city and county in the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility. The general assembly shall annually establish the amount of reimbursement in the general appropriations bill, taking into consideration the information reported pursuant to subsection (4) of this section. Such reimbursement is for each day following seventy-two hours after such sentence is imposed but prior to the transmittal of the sentenced inmate to a department facility. Subject to available appropriations, the department may contract with any county or city and county for the expenses incurred by that county or city and county in the confinement and maintenance of any person who is sentenced to a term of imprisonment pursuant to section 16-11-308.5. (1.5) In no event shall any agreement to reimburse any city and county or county affect or reduce any city and county's or county's duty to exercise reasonable care and use its best efforts to supervise and use reasonable precautions to assure the adequate care of any state inmate. (1.7) On or after April 19, 1993, each city and county or county shall send an invoice to the executive director within three months after the expenses and costs for the confinement and maintenance of inmates in local jails are incurred; however, each city and county or county is encouraged to send such invoice on a monthly basis, when possible. Failure by a city and county or county to send an invoice to the executive director within three months after such expenses and costs are incurred shall result in a forfeiture of any reimbursement by the state for such expenses and costs. (2) Any moneys to which a county or city and county may be entitled pursuant to the provisions of this section shall be paid to the treasurer of the county or the manager of revenue of the city and county, who shall credit the same to the general fund of the county or city and county or such other fund as the board of county commissioners of the county or the city council of the city and county may direct and who shall account for such moneys as provided by law. (3) (Deleted by amendment, L. 88, p. 710, § 9, effective July 1, 1988.) (4) To assist the general assembly in determining the amount of reimbursement described in subsection (1) of this section, on or before January 1, 2019, and on or before January 1 each year thereafter, each county and each city and county shall report to the joint budget committee the average cost of confining and maintaining persons in a local jail for more than seventy-two hours after each such person has been sentenced to the custody of the department. On or before September 1, 2018, the joint budget committee shall establish guidelines to ensure that each county and each city and county reports costs pursuant to this subsection (4) in a uniform manner. At a minimum, the guidelines must allow each county and each city and county to report costs in the following categories: (a) Food; (b) Clothing and laundry; (c) Medical and behavioral health-care costs; (d) Personnel costs, including salaries and benefits; (e) Inmate transportation costs; (f) Vocational training and educational costs; and (g) Menstrual hygiene products, as defined by section 17-1-113.6 (2).

C.R.S. § 17-1-112.5 Annual audit by state auditor

17-1-112.5. Annual audit by state auditor. (Repealed)

C.R.S. § 17-1-113 Medical visits - charge to inmates - legislative declaration

17-1-113. Medical visits - charge to inmates - legislative declaration. (1) (a) The general assembly hereby finds that the procedures for charging inmates a copayment for medical services are confusing to department personnel and, as a result, are inconsistently applied. (b) The general assembly therefore finds and determines that the department should establish clear and consistent written procedures concerning copayments for medical, dental, mental health, and optometric services rendered to or on behalf of inmates and should require the facilities rendering the services to comply with the procedures, including the maintenance of detailed records regarding the assessment of copayments. (2) The department shall assess a copayment, in an amount established by written procedures of the executive director pursuant to subsection (4) of this section, not to exceed five dollars per visit, against an inmate's account for every inmate-initiated request for medical or mental health services provided to the inmate by a physician, physician assistant, nurse practitioner, registered nurse, or licensed practical nurse. The department shall assess a copayment, in an amount established by written procedures of the executive director pursuant to subsection (4) of this section, against an inmate's account for every inmate-initiated visit by the inmate to a dentist or optometrist. The amount of the copayment for the dental or optometric services need not be the same as the copayment for medical or mental health services. (3) The department shall communicate the copayment procedures to every correctional facility that provides medical, dental, mental health, and optometric services to or on behalf of inmates to ensure that all department personnel consistently and regularly assess the required copayment. (4) The executive director shall establish written procedures relating to medical, dental, mental health, and optometric service copayments, which procedures shall address, but need not be limited to, the following: (a) The amount of the copayment to be assessed against an inmate's account for inmate-initiated medical services, including but not limited to mental health services, which copayment shall not exceed the direct and indirect costs associated with any type of medical or mental health service that may be rendered; (b) The amount of the copayment to be assessed against an inmate's account for inmate-initiated dental and optometric services, which copayment shall not exceed the direct and indirect costs associated with any dental or optometric service that may be rendered; (c) The detailed procedures that department personnel are to follow in assessing the copayments; (d) The specific services for which a copayment will be assessed, waived, or reduced, as well as the specific and exclusive bases upon which a copayment may be waived by department personnel, including but not limited to the inmate's inability to pay the copayment, the health needs of the inmate, and the public health and safety needs of the institution; (e) The information to be obtained by department personnel at the time of the inmate's medical, dental, mental health, or optometric visit on a standardized department form, including the inmate's name, the inmate's identification number, the amount of the copayment assessed, if any, the reason for the visit, the type of service rendered, and the basis for any waiver of the copayment; and (f) The appropriate action that will be taken, consistent with state personnel rules, against department personnel who fail to comply with the copayment procedures. (5) The department shall monitor the information collected pursuant to paragraph (e) of subsection (4) of this section to ensure that the copayment procedures are being applied consistently to all inmates. (6) Repealed.

C.R.S. § 17-1-113.1 Administration or monitoring of medications to persons in correctional facilities

17-1-113.1. Administration or monitoring of medications to persons in correctional facilities. (1) The executive director has the power to direct the administration or monitoring of medications to persons in correctional facilities, as described in section 25-1.5-301 (2)(a), C.R.S., under the executive director's control, in a manner consistent with part 3 of article 1.5 of title 25, C.R.S. (2) The executive director may authorize the transfer, delivery, or distribution to a corporation, individual, or other entity, other than a consumer, entitled to possess prescription drugs in an amount that is less than, equal to, or in excess of five percent of the total number of dosage units or drugs dispensed and distributed on an annual basis.

C.R.S. § 17-1-113.2 Continuity of care for persons released from correctional facility

17-1-113.2. Continuity of care for persons released from correctional facility. Before a person is released from the custody of a correctional facility, the correctional facility shall comply with the provisions of section 17-26-140 concerning continuity of care for persons with a substance use disorder.

C.R.S. § 17-1-113.3 Telemedicine - study - report - repeal

17-1-113.3. Telemedicine - study - report - repeal. (Repealed)

C.R.S. § 17-1-113.4 Opioid treatment for a person in custody - definitions

17-1-113.4. Opioid treatment for a person in custody - definitions. (1) A correctional facility or private contract prison may make available opioid agonists and opioid antagonists to a person in custody with an opioid use disorder. The correctional facility or private contract prison is strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration, as medically necessary. (2) (a) Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists for the treatment of an opioid use disorder pursuant to subsection (1) of this section. (b) As funding and supplies allow, if a person in custody is treated for an opioid use disorder pursuant to this section, the correctional facility or private contract prison shall offer the person, upon release from the facility, at least two doses of an opioid reversal medication, in a form approved by the federal drug administration, and provide education to the person about the appropriate use of the medication. (3) A correctional facility or private contract prison may contract with community-based health providers for the implementation of this section. (3.5) Nothing in this section imposes civil or criminal liability on a state law enforcement agency or law enforcement officer when ordinary care is used in the administration or provision of an opioid reversal medication in cases when an individual appears to be experiencing an opioid overdose. (4) As used in this section, unless the context otherwise requires: (a) "Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder. (b) "Opioid antagonist" means naltrexone, an opioid reversal medication, or any similarly acting drug used for the treatment of an opioid use disorder that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

C.R.S. § 17-1-113.5 Inmates held in correctional facilities - medical benefits application assistance - county of residence - rules

17-1-113.5. Inmates held in correctional facilities - medical benefits application assistance - county of residence - rules. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), on and after January 1, 2003, any person who is sentenced to a term of imprisonment in a correctional facility who was receiving medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., immediately prior to entering the correctional facility, or who is reasonably expected to meet eligibility criteria pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., upon release, shall receive assistance from correctional facility personnel in applying for such medical assistance at least ninety days prior to release. (b) On and after January 1, 2003, any person who is sentenced to a term of imprisonment in a correctional facility who was eligible for supplemental security income benefits under Title II of the federal "Social Security Act" immediately prior to entering the correctional facility, or who is reasonably expected to meet eligibility criteria for supplemental security income benefits upon release, shall receive assistance from the correctional facility personnel in applying for such supplemental security income benefits at least ninety days prior to release or sooner, if possible. (c) The department shall ensure that any inmate who is sixty-five years of age or older and is being released from prison is enrolled in the most appropriate medical insurance benefit plan including medicare, medicare savings plan, veteran's benefit, or other safety-net health insurance, or an individual health benefit plan prior to release or upon release, whichever will offer the more immediate health-care coverage. If an inmate who is sixty-five years of age or older is not enrolled in a medical insurance benefit plan prior to release and would be unable to pay for costs associated with enrollment in health insurance or would not otherwise be covered under a spouse's individual or employer offered insurance plan, the department shall pay any insurance premiums, penalties, or other costs related to enrollment in health insurance for up to six months from the start of coverage. The department may provide financial assistance for longer than six months if the person is still under the jurisdiction of the department and who would otherwise be uninsured or underinsured without that financial assistance. (d) The department shall ensure that an inmate who is eligible for premium-free medicare coverage is enrolled during the inmate's initial open enrollment period or during regular open enrollment. (2) The department of health care policy and financing shall provide information and training on medical assistance eligibility requirements and assistance to each correctional facility to assist in and expedite the application process for medical assistance for any inmate held in custody who meets the requirements of paragraph (a) of subsection (1) of this section. (3) The department of human services shall provide information and education regarding the supplemental security income systems and processes to each correctional facility. (4) (a) For purposes of determining eligibility pursuant to section 25.5-4-205, C.R.S., the county of residence of the inmate held in custody shall be the county specified by the inmate as his or her county of residence upon release. department of human services shall provide information and education regarding the supplemental security income systems and processes to each correctional facility. (4) (a) For purposes of determining eligibility pursuant to section 25.5-4-205, C.R.S., the county of residence of the inmate held in custody shall be the county specified by the inmate as his or her county of residence upon release. (b) The department of health care policy and financing shall promulgate rules to simplify the processing of applications for medical assistance pursuant to subsection (1)(a) of this section and to allow inmates determined to be eligible for such medical assistance to access the medical assistance upon release and thereafter. If a county department of human or social services determines that an inmate is eligible for medical assistance, the county shall enroll the inmate in medicaid effective upon release of the inmate. At the time of the inmate's release, the correctional facility shall give the inmate information and paperwork necessary for the inmate to access medical assistance. The applicable county department of human or social services shall provide such information. (c) The department of corrections shall attempt to enter into prerelease agreements with local social security administration offices, and, if appropriate, the county departments of human or social services, the state department of human services, or the department of health care policy and financing to simplify the processing of applications for medicaid or for supplemental security income to enroll inmates who are eligible for medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), effective upon release and to provide such inmates with the information and paperwork necessary to access medical assistance immediately upon release. (5) (Deleted by amendment, L. 2007, p. 1991, § 1, effective June 1, 2007.) (6) If an inmate is released from confinement but still under criminal justice supervision and is eligible for medical benefits pursuant to the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, the supervising criminal justice agency shall not place any restriction or make additional requirements a precondition that in any way inhibits the inmate from being able to choose a provider or receive medical care, behavioral health treatment, or any other assistance authorized under the medical benefits.

C.R.S. § 17-1-113.6 Menstrual hygiene products for a person in custody - definition

17-1-113.6. Menstrual hygiene products for a person in custody - definition. (1) A correctional facility or private contract prison shall provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody. A correctional facility or private contract prison shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products. (2) As used in this section, unless the context otherwise requires, "menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners.

C.R.S. § 17-1-113.7 Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons - report

17-1-113.7. Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons - report. (1) The staff of a correctional facility or private contract prison, when restraining a female inmate, shall use the least restrictive restraints necessary to ensure safety if the staff of the correctional facility or private contract prison have a reasonable belief that the inmate is pregnant. For the use of restraints during labor, delivery, and postpartum recovery, the staff shall comply with the "Protection of Individuals from Restraint and Seclusion Act", article 20 of title 26. (2) (a) Repealed. (b) The correctional facility, private contract prison, or medical facility staff authorizing the use of restraints on a pregnant inmate during labor or delivery of the child shall make a written record of the use of the restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The staff of the correctional facility or private contract prison shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the inmate who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law. Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15, 2022, and each February 15 thereafter, the warden of the private contract prison and the executive director or the executive director's designee shall submit the records created pursuant to this subsection (2)(b) in the prior calendar year to the judiciary committees of the senate and house of representatives, or their successor committees. (3) Upon return to a correctional facility or private contract prison after childbirth, the inmate shall be entitled to have a member of the correctional facility's or private contract prison's medical staff present during any strip search. (4) When an inmate's pregnancy is determined, the staff of a correctional facility or private contract prison shall inform a pregnant inmate in writing in a language and in a manner understandable to the inmate of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search. (5) The executive director of the department of corrections shall ensure that the staff of the department of corrections and of private contract prisons receive adequate training concerning the provisions of this section.

C.R.S. § 17-1-113.8 Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation

17-1-113.8. Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment - appropriation. (1) The department shall not place a person with a behavioral or serious mental health disorder in long-term isolated confinement except when exigent circumstances are present. (2) (a) There is hereby established within the department a serious mental illness in long-term isolated confinement work group, referred to in this section as the "work group". The work group consists of: (I) The deputy executive director of the department, or his or her designee, who shall convene and serve as the chair of the work group; (II) The director of clinical and correctional services, within the department, or his or her designee; (III) The director of prisons, within the department, or his or her designee; (IV) The chief of psychiatry, within the department, or his or her designee; (V) The director of behavioral health, within the department, or his or her designee; (VI) Two representatives from a nonprofit prisoners' rights advocacy group, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate; and (VII) Two mental health professionals independent from the department with particular knowledge of prisons and conditions of confinement, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate. (b) (I) The work group shall advise the department on policies and procedures related to the proper treatment and care of offenders with serious behavioral or mental health disorders in long-term isolated confinement, with a focus on persons with serious behavioral or mental health disorders in long-term isolated confinement. (II) The work group has the power to request, on a periodic basis, information and data from the department on the status of the department's work on the subject matter of the work group. (c) The chair of the work group shall convene the work group's first meeting no later than July 1, 2014, and the work group must meet at least semi-annually thereafter. The chair shall schedule and convene the work group's meetings. (d) The chair shall provide the work group with quarterly updates on the department's policies related to the work group's subject area. (3) (a) The department shall allow medication-assisted treatment, as it is defined in section 23-21-803, to be provided to individuals who are placed in the custody of the department who were receiving such treatment in a local jail prior to being placed in the custody of the department. (b) The department may enter into agreements with community agencies, behavioral health organizations, and substance use disorder treatment organizations to assist in the development and administration of medication-assisted treatment pursuant to this section. (4) Repealed.

C.R.S. § 17-1-113.9 Use of administrative segregation for state inmates - reporting

17-1-113.9. Use of administrative segregation for state inmates - reporting. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2012, and each January 1 thereafter, the executive director shall provide a written report to the judiciary committees of the senate and house of representatives, or any successor committees, concerning the status of administrative segregation; reclassification efforts for individuals diagnosed with behavioral health disorders or intellectual and developmental disabilities, including duration of stay, reason for placement, and number and percentage discharged; and any internal reform efforts since July 1, 2011. The report must include data concerning the placement of individuals in all settings with heightened restrictions, including the total number of placements in each setting, the total number of placements in each setting involving an individual diagnosed with a behavioral health disorder or intellectual or developmental disability, the average duration of stay of an individual in each setting, the reasons for placement in each setting, and the total number of individuals discharged from each setting. (2) Any cost savings achieved as a result of the implementation of sections 17-22.5-302 (1.3) and 17-22.5-405 (8) shall be appropriated and redirected to the department to support behavior-modification programs, incentive programs, mental health services or programs, or similar efforts designed as viable alternatives to administrative segregation.

C.R.S. § 17-1-114 Pool of funds - continuance of community supervision

17-1-114. Pool of funds - continuance of community supervision. There is hereby created in the state treasury a fund to be known as the community supervision supplemental fund, which shall consist of moneys appropriated by the general assembly. All moneys in the fund shall be subject to withdrawal by the department of corrections, the judicial department, or the department of public safety for the purpose of continuing community supervision, such as parole supervision, probation supervision, community corrections programs, or home electronic monitoring over offenders who would otherwise be removed to secure custody due to lack of resources. Such moneys may be withdrawn upon a request by the department of corrections, the judicial department, or the department of public safety which is made to the director of the office of state planning and budgeting. The director of the office of state planning and budgeting, in consultation with the joint budget committee, shall approve or disapprove the request made by each department and budget the amount of such request. Any withdrawal approved by the director of the office of state planning and budgeting shall be dispersed to the department making the request.

C.R.S. § 17-1-114.5 Incarceration of a person in custody with the capacity for pregnancy - report

17-1-114.5. Incarceration of a person in custody with the capacity for pregnancy - report. (1) A correctional facility or private contract prison incarcerating a person who is capable of pregnancy shall: (a) Train the facility's staff to ensure that a pregnant person receives safe and respectful treatment; (b) Develop administrative policies to ensure a trauma-informed standard of care is integrated with current practices to promote the health and safety of a pregnant person; (c) Provide each pregnant person, during the person's pregnancy and through the person's postpartum period, with access to: (I) Perinatal health-care providers with perinatal experience; and (II) Healthy foods and information on nutrition, recommended activity levels, safety measures, and supplies, including menstrual products as required in section 17-1-113.6, and breast pumps approved by the executive director or the executive director's designee; (d) Provide counseling and treatment for pregnant people who have suffered from: (I) A diagnosed behavioral, mental health, or substance use disorder; (II) Trauma or violence, including domestic violence; (III) Human immunodeficiency virus; (IV) Sexual abuse; (V) Pregnancy loss or infant loss; or (VI) Chronic conditions; (e) Provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy; (f) Develop administrative policies to identify and offer opportunities for postpartum persons to maintain contact with the person's newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, and breastfeeding support, when appropriate; (f.5) Develop administrative policies, including a system for human milk storage, to ensure a newborn can receive the human milk that the newborn's postpartum parent has pumped for the newborn's nourishment; (g) In accordance with the requirements of the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191, transfer health records to community providers if a pregnant person exits the criminal justice system during the person's pregnancy or during the person's postpartum period; (h) Connect a person exiting the criminal justice system during the person's pregnancy or postpartum period to community-based resources, such as referrals to health-care providers, substance use disorder treatment, and social services that address social determinants of maternal health; (i) Establish partnerships with local public entities, private community entities, community-based organizations, Indian tribes and tribal organizations as defined in the federal "Indian Self-Determination and Education Assistance Act", 25 U.S.C. sec. 5304, as amended, or urban Indian organizations as defined in the federal "Indian Health Care Improvement Act", 25 U.S.C. sec. 1603, as amended; (j) Notwithstanding section 24-1-136 (11)(a)(I), by February 15, 2022, and by February 15 each year thereafter, report to the judiciary committees of the senate and house of representatives, or their successor committees, on the number of births by pregnant people who are in the custody of the facility, including the location of the births, that occurred in the prior calendar year; (k) Regardless of the person's ability to pay, ensure access to an abortion, as defined in section 25-6-402, by providing a pregnant person with information about abortion providers, referrals to community-based providers of abortions, referrals to community-based organizations that help people pay for abortions, and transportation to access an abortion; and (l) Ensure access to miscarriage management, including medication.

C.R.S. § 17-1-115 Investigators employed by the department - notification to local law enforcement agencies

17-1-115. Investigators employed by the department - notification to local law enforcement agencies. (Repealed)

C.R.S. § 17-1-115.2 Correctional law enforcement agencies to provide identification cards to retired peace officers upon request - definitions

17-1-115.2. Correctional law enforcement agencies to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Law enforcement agency of the department" means the department and any agency within the department that employs at least one peace officer. (b) "Peace officer" means a certified peace officer described in section 16-2.5-102, C.R.S. (c) "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d). (2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a law enforcement agency of the department has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if: (a) The peace officer requests the identification; (b) The peace officer retired from the law enforcement agency before the date upon which the agency discontinued the policy; and (c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c). (3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" (Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification. (4) A law enforcement agency of the department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification. (5) Notwithstanding any provision of this section to the contrary, a law enforcement agency of the department shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so. (6) If a law enforcement agency of the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.

C.R.S. § 17-1-115.5 Prison sexual assault prevention program

17-1-115.5. Prison sexual assault prevention program. (1) The department shall develop, with respect to sexual assaults that occur in correctional facilities operated by or pursuant to a contract with the department, policies and procedures to: (a) Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general appointed pursuant to section 17-1-103.8; (b) Require the inspector general or the department of corrections investigator, whichever is appropriate, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred; (c) Prohibit retaliation and disincentives for reporting sexual assaults; (d) Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known; (e) Ensure the confidentiality of prison rape complaints and protection of inmates who make complaints of prison rape; (f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections; (g) Provide, at intake and periodically thereafter, department-approved, easy-to-understand information developed by the department on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; (h) Provide sexual-assault-specific training to department mental health professionals and all employees who have direct contact with inmates regarding treatment and methods of prevention and investigation; (i) Provide confidential mental health counseling for victims of sexual assault; (j) Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and (k) Require termination of an employee who engages in a sexual assault on or sexual conduct with an inmate consistent with constitutional due process protections and state personnel laws and rules. (2) Investigation of a sexual assault shall be conducted by investigators trained in the investigation of sex crimes. The investigation shall include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence. (3) The department shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees.

C.R.S. § 17-1-115.7 Prevention of sexual assaults on youthful inmates - compliance with federal law - report - definition

17-1-115.7. Prevention of sexual assaults on youthful inmates - compliance with federal law - report - definition. (1) On or before August 20, 2013, the department shall implement policies pursuant to the federal "Prison Rape Elimination Act of 2003", 42 U.S.C. sec. 15601 et seq., to ensure compliance with the provisions thereof relating to youthful inmates, as codified at 28 CFR 115.14. (2) Notwithstanding section 24-1-136 (11)(a)(I), on or before October 1, 2013, and on or before each October 1 thereafter, the department shall report to the judiciary committees of the house of representatives and senate, or any successor committees, concerning the implementation of the policies described in subsection (1) of this section within the youth offender system described in section 18-1.3-407.5. (3) As used in this section, "youthful inmate" means any person less than eighteen years of age who is under adult court supervision and incarcerated or detained in a correctional facility.

C.R.S. § 17-1-115.8 Corrections officer staffing - report - double shift criteria - definition

17-1-115.8. Corrections officer staffing - report - double shift criteria - definition. (1) Notwithstanding section 24-1-136 (11)(a)(I), the department shall prepare a report for the members of the general assembly by January 15, 2014, and by January 15 each year thereafter, regarding corrections officer staffing levels. The report must include: (a) Staffing levels for corrections officers at each correctional facility and private contract prison in Colorado; (b) Staffing levels for corrections officers for each correctional facility security level; and (c) A comparison of staffing levels at Colorado correctional facilities and the national standards adopted by the national institute of corrections and the American correctional association. (2) The department shall develop criteria for when a corrections officer may work two consecutive shifts, and the criteria must apply to a seven-day period and must account for different security-level facilities. (3) The department, through discussions with individual corrections officers, shall establish work period and compensation practices that comply with the following standards that: (a) A work period for correctional officers may be from seven consecutive days to fourteen consecutive days in length. Overtime pay for correctional officers must be required when the number of hours worked exceeds the number of hours that bears the same relationship to eighty-five hours in a fourteen-day period. (b) A corrections officer who works twelve or more hours in a single twenty-four-hour period must be paid the amount of one and one-half times the corrections officer's regular rate of pay for the time the corrections officer worked that exceeded eight and one-half hours, unless the additional time is part of the corrections officer's normal shift that is longer than eight and one-half hours and is part of a compressed, flexible, or alternative scheduling system; (c) All department employees receive with their pay check a pay stub that clearly and accurately reflects all hours worked, standard rate of pay, rate of overtime pay, accrual of any paid leave and compensatory time, remaining paid leave, and compensatory time balances; (d) The department shall establish administrative regulation practices that create greater flexibility in the staffing of facilities, including but not limited to employee shift substitution, voluntary overtime lists, roving, and pool staff coverage; and (e) All practices must be compliant with federal wage and hour law. (4) For purposes of this section, "corrections officer" means an employee of the department of corrections who is subject to the exemption in 29 U.S.C. sec. 207 (k); except that it does not include a parole officer.

C.R.S. § 17-1-115.9 Incentives for mental health professionals - report - legislative declaration

17-1-115.9. Incentives for mental health professionals - report - legislative declaration. (1) The general assembly finds that: (a) The failure to provide timely needed sex offender treatment or services creates a risk when an inmate is released into the community and increases expenses when an inmate remains in prison due to his or her failure to receive treatment or services; and (b) In order to provide the necessary sex offender treatment and services in difficult-to-serve areas in a timely manner, the department must have the flexibility to offer incentives to contracted mental health professionals to provide such treatment and services in such areas. (2) The department shall monitor the number of inmates who have a specified sex offender treatment or service identified in the inmate's recommended rehabilitation report and who are not receiving the treatment or service due to a lack of treatment or service providers. The department shall develop and may implement an incentive plan for each sex offender treatment or service and each geographic area in which there is a need for additional contracted mental health professionals to provide the identified sex offender treatment or service. The incentive plan must include specific incentives to contract with the necessary mental health professionals and may include increases in fees and travel reimbursements paid, bonuses, and other financial incentives. (3) Notwithstanding the provisions of section 24-1-136 (11), on or before December 1, 2018, and each December 1 thereafter, the department shall submit a report to the joint budget committee that must include: (a) The statewide number of inmates requiring each sex offender treatment or service provided by a mental health professional and the number of inmates unable to receive such treatment or service; and (b) For each incentive plan developed pursuant to this section, the number of inmates requiring the treatment or service, the number of inmates still unable to receive the treatment or service, a description of the incentive plan developed, and a report on the effectiveness of any incentive offered by the department under the plan.

C.R.S. § 17-1-116 Corrections expansion reserve fund

17-1-116. Corrections expansion reserve fund. There is hereby created in the state treasury the corrections expansion reserve fund. Moneys in the fund shall be subject to annual appropriation by the general assembly for the purpose of complying with the provisions of section 2-2-703, C.R.S., which requires that any bill which results in a net increase in periods of imprisonment in state correctional facilities provide for the funding of any increased capital construction costs or increased operating costs associated therewith. Any unexpended or unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert to or be transferred to the general fund or any other fund of the state.

C.R.S. § 17-1-117 Appropriation to comply with section 2-2-703 - HB 94-1052

17-1-117. Appropriation to comply with section 2-2-703 - HB 94-1052. (Repealed)

C.R.S. § 17-1-118 Appropriation to comply with section 2-2-703 - HB 96-1361

17-1-118. Appropriation to comply with section 2-2-703 - HB 96-1361. (Repealed)

C.R.S. § 17-1-119 Lethal perimeter security systems for correctional facilities - governmental immunity - limitations

17-1-119. Lethal perimeter security systems for correctional facilities - governmental immunity - limitations. (1) The general assembly hereby finds and declares that the installation and operation of electrified, lethal perimeter security systems at certain state correctional facilities will enhance the safety of the citizens of this state and will result in reduced costs for operating such correctional facilities. (2) The department is authorized, through its agents and contractors, to design and construct electrified, lethal perimeter security systems at correctional facilities to be managed, operated, supervised, and controlled by the department if the department determines the use of such security systems to be necessary and appropriate. (3) The department, any agent of the department, or contractor hired by the department for the design and construction of an electrified, lethal perimeter security system at a state correctional facility shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions in regard to any and all claims arising from the design and construction, consistent with the design approved by the department, of the lethal aspect of such security system. (4) The provisions of subsection (3) of this section shall be construed as a specific exception for independent contractors hired to design and construct electrified, lethal perimeter security systems at state correctional facilities from the general exclusion of independent contractors from the protections of governmental immunity provided in article 10 of title 24, C.R.S.

C.R.S. § 17-1-119.5 Compilation of data related to inmates with children attending school

17-1-119.5. Compilation of data related to inmates with children attending school. (1) The department of corrections shall obtain information from each inmate concerning whether the inmate is the parent of a child who is under the age of eighteen in the state of Colorado and, if so, whether the child is enrolled in a school in the state and the school district or state charter school in which the child is enrolled. In the process of obtaining the information from the inmate, the department shall not provide the inmate with information that would pose a safety threat to the child or child's family. (2) The department shall collect and compile information related to programs that assist students whose parents are incarcerated.

C.R.S. § 17-1-119.7 Prison population management measures

17-1-119.7. Prison population management measures. (1) The department shall track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below three percent for thirty consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety. The department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections once the vacancy rate exceeds four percent for thirty consecutive days. (2) (a) If the vacancy rate in correctional facilities and state-funded private contract prison beds falls below three percent for thirty consecutive days, the department shall: (I) Request the office of community corrections to provide the department with information regarding the location and nature of any unutilized community corrections beds. The office of community corrections shall provide the information within seventy-two hours of the request and on a weekly basis until the office of community corrections receives notification that the vacancy rate exceeds three percent. (II) Request that the parole board review a list of inmates who are within ninety days of their mandatory release date, have an approved parole plan, and do not require full board review or victim notification pursuant to section 24-4.1-302.5 (1)(j); (III) Coordinate with the parole board to review the list of inmates who have satisfied conditions for conditional release verified by the department of corrections, do not require full board review or victim notification pursuant to section 24-4.1-302.5 (1)(j), and have satisfied the condition or conditions required for an order to parole; and (IV) (A) Submit to the parole board a list of eligible inmates with a favorable parole plan who have been assessed to be medium or lower risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2). Except as provided in subsection (2)(a)(IV)(B) of this section, the parole board shall conduct a file review of each inmate on the list and set conditions of release for the inmate within thirty days after receipt of the list and set a day of release no later than thirty days after conducting the file review. (B) If victim notification is required and a victim wishes to provide input, the parole board shall schedule a hearing in lieu of a file review and set conditions of release for the inmate and a date of release no later than thirty days after conducting the hearing. (C) If additional information is needed, the parole board may table a decision after the file review or hearing and request additional information from the department. The parole board may grant or deny parole to an applicant, and, if the decision is to deny parole, it must be based on a majority vote of the full board. (D) An inmate is not eligible for release pursuant to this section if he or she is serving a sentence for an offense enumerated in section 24-4.1-302 or section 16-22-102 (9) or has had a class I code of penal discipline violation within the previous twelve months from the date of the list or since incarceration, whichever is shorter; has been terminated for lack of progress or declined in writing to participate in programs that have been recommended and made available to the inmate within the previous twelve months or since incarceration, whichever is shorter; has been regressed from community corrections or revoked from parole within the previous one hundred eighty days; or has a pending felony charge, detainer, or an extraditable warrant. nated for lack of progress or declined in writing to participate in programs that have been recommended and made available to the inmate within the previous twelve months or since incarceration, whichever is shorter; has been regressed from community corrections or revoked from parole within the previous one hundred eighty days; or has a pending felony charge, detainer, or an extraditable warrant. (E) An inmate is eligible for release pursuant to this subsection (2)(a)(IV) if the inmate is at or past his or her parole eligibility date and is only serving a sentence for a conviction of a level 3 or level 4 drug felony or a class 3, class 4, class 5, or class 6 nonviolent felony offense. (b) The department may utilize any, all, or a combination of the measures described in subsection (2)(a) of this section when the vacancy rate falls below two percent for thirty consecutive days and until the vacancy rate is above three percent for thirty consecutive days.

C.R.S. § 17-1-120 Appropriation to comply with section 2-2-703 - HB 97-1077 and HB 97-1060

17-1-120. Appropriation to comply with section 2-2-703 - HB 97-1077 and HB 97-1060. (Repealed)

C.R.S. § 17-1-121 Appropriation to comply with section 2-2-703 - HB 97-1186

17-1-121. Appropriation to comply with section 2-2-703 - HB 97-1186. (Repealed)

C.R.S. § 17-1-122 Appropriation to comply with section 2-2-703 - HB 98-1160

17-1-122. Appropriation to comply with section 2-2-703 - HB 98-1160. (Repealed)

C.R.S. § 17-1-123 Appropriation to comply with section 2-2-703 - HB 98-1156

17-1-123. Appropriation to comply with section 2-2-703 - HB 98-1156. (Repealed)

C.R.S. § 17-1-124 Appropriation to comply with section 2-2-703 - SB 98-021

17-1-124. Appropriation to comply with section 2-2-703 - SB 98-021. (Repealed)

C.R.S. § 17-1-125 Appropriation to comply with section 2-2-703 - HB 99-1068

17-1-125. Appropriation to comply with section 2-2-703 - HB 99-1068. (Repealed)

C.R.S. § 17-1-126 Appropriation to comply with section 2-2-703 - HB 00-1247

17-1-126. Appropriation to comply with section 2-2-703 - HB 00-1247. (Repealed)

C.R.S. § 17-1-127 Appropriation to comply with section 2-2-703 - HB 00-1158

17-1-127. Appropriation to comply with section 2-2-703 - HB 00-1158. (Repealed)

C.R.S. § 17-1-128 Appropriation to comply with section 2-2-703 - HB 00-1111

17-1-128. Appropriation to comply with section 2-2-703 - HB 00-1111. (Repealed)

C.R.S. § 17-1-129 Appropriation to comply with section 2-2-703 - HB 00-1214

17-1-129. Appropriation to comply with section 2-2-703 - HB 00-1214. (Repealed)

C.R.S. § 17-1-130 Appropriation to comply with section 2-2-703 - HB 00-1201

17-1-130. Appropriation to comply with section 2-2-703 - HB 00-1201. (Repealed)

C.R.S. § 17-1-131 Appropriation to comply with section 2-2-703 - HB 00-1317

17-1-131. Appropriation to comply with section 2-2-703 - HB 00-1317. (Repealed)

C.R.S. § 17-1-132 Appropriation to comply with section 2-2-703 - HB 00-1107

17-1-132. Appropriation to comply with section 2-2-703 - HB 00-1107. (Repealed)

C.R.S. § 17-1-133 Appropriation to comply with section 2-2-703 - HB 01-1205

17-1-133. Appropriation to comply with section 2-2-703 - HB 01-1205. (Repealed)

C.R.S. § 17-1-134 Appropriation to comply with section 2-2-703 - SB 01-046

17-1-134. Appropriation to comply with section 2-2-703 - SB 01-046. (Repealed)

C.R.S. § 17-1-135 Appropriation to comply with section 2-2-703 - HB 01-1204

17-1-135. Appropriation to comply with section 2-2-703 - HB 01-1204. (Repealed)

C.R.S. § 17-1-136 Appropriation to comply with section 2-2-703 - SB 01-210

17-1-136. Appropriation to comply with section 2-2-703 - SB 01-210. (Repealed)

C.R.S. § 17-1-137 Appropriation to comply with section 2-2-703 - HB 01-1242

17-1-137. Appropriation to comply with section 2-2-703 - HB 01-1242. (Repealed)

C.R.S. § 17-1-138 Appropriation to comply with section 2-2-703 - HB 01-1344

17-1-138. Appropriation to comply with section 2-2-703 - HB 01-1344. (Repealed)

C.R.S. § 17-1-139 Appropriation to comply with section 2-2-703 - HB 02-1301

17-1-139. Appropriation to comply with section 2-2-703 - HB 02-1301. (Repealed)

C.R.S. § 17-1-140 Appropriation to comply with section 2-2-703 - HB 02-1283

17-1-140. Appropriation to comply with section 2-2-703 - HB 02-1283. (Repealed)

C.R.S. § 17-1-141 Appropriation to comply with section 2-2-703 - HB 02-1396

17-1-141. Appropriation to comply with section 2-2-703 - HB 02-1396. (Repealed)

C.R.S. § 17-1-142 Appropriation to comply with section 2-2-703 - SB 02-050

17-1-142. Appropriation to comply with section 2-2-703 - SB 02-050. (Repealed)

C.R.S. § 17-1-143 Appropriation to comply with section 2-2-703 - HB 02-1038

17-1-143. Appropriation to comply with section 2-2-703 - HB 02-1038. (Repealed)

C.R.S. § 17-1-144 Appropriation to comply with section 2-2-703 - HB 02S-1006

17-1-144. Appropriation to comply with section 2-2-703 - HB 02S-1006. (Repealed)

C.R.S. § 17-1-145 Appropriation to comply with section 2-2-703 - HB 02S-1006

17-1-145. Appropriation to comply with section 2-2-703 - HB 02S-1006. (Repealed)

C.R.S. § 17-1-146 Appropriation to comply with section 2-2-703 - HB 03-1004 - repeal

17-1-146. Appropriation to comply with section 2-2-703 - HB 03-1004 - repeal. (Repealed)

C.R.S. § 17-1-147 Appropriation to comply with section 2-2-703 - HB 03-1138 - repeal

17-1-147. Appropriation to comply with section 2-2-703 - HB 03-1138 - repeal. (Repealed)

C.R.S. § 17-1-148 Appropriation to comply with section 2-2-703 - HB 03-1213 - repeal

17-1-148. Appropriation to comply with section 2-2-703 - HB 03-1213 - repeal. (Repealed)

C.R.S. § 17-1-149 Appropriation to comply with section 2-2-703 - HB 03-1317 - repeal

17-1-149. Appropriation to comply with section 2-2-703 - HB 03-1317 - repeal. (Repealed)

C.R.S. § 17-1-150 Appropriation to comply with section 2-2-703 - HB 04-1016 - repeal

17-1-150. Appropriation to comply with section 2-2-703 - HB 04-1016 - repeal. (Repealed)

C.R.S. § 17-1-151 Appropriation to comply with section 2-2-703 - HB 04-1003 - repeal

17-1-151. Appropriation to comply with section 2-2-703 - HB 04-1003 - repeal. (Repealed)

C.R.S. § 17-1-152 Appropriation to comply with section 2-2-703 - HB 04-1021 - repeal

17-1-152. Appropriation to comply with section 2-2-703 - HB 04-1021 - repeal. (Repealed)

C.R.S. § 17-1-153 Appropriation to comply with section 2-2-703 - SB 06-207 - repeal

17-1-153. Appropriation to comply with section 2-2-703 - SB 06-207 - repeal. (Repealed)

C.R.S. § 17-1-154 Appropriation to comply with section 2-2-703 - HB 06-1151 - repeal

17-1-154. Appropriation to comply with section 2-2-703 - HB 06-1151 - repeal. (Repealed)

C.R.S. § 17-1-155 Appropriation to comply with section 2-2-703 - HB 06-1011 - repeal

17-1-155. Appropriation to comply with section 2-2-703 - HB 06-1011 - repeal. (Repealed)

C.R.S. § 17-1-156 Appropriation to comply with section 2-2-703 - HB 06-1145 - repeal

17-1-156. Appropriation to comply with section 2-2-703 - HB 06-1145 - repeal. (Repealed)

C.R.S. § 17-1-157 Appropriation to comply with section 2-2-703 - HB 06-1326 - repeal

17-1-157. Appropriation to comply with section 2-2-703 - HB 06-1326 - repeal. (Repealed)

C.R.S. § 17-1-158 Appropriation to comply with section 2-2-703 - SB 06-206 - repeal

17-1-158. Appropriation to comply with section 2-2-703 - SB 06-206 - repeal. (Repealed)

C.R.S. § 17-1-159 Appropriation to comply with section 2-2-703 - HB 06-1092 - repeal

17-1-159. Appropriation to comply with section 2-2-703 - HB 06-1092 - repeal. (Repealed)

C.R.S. § 17-1-160 Appropriation to comply with section 2-2-703 - SB 06S-004 - repeal

17-1-160. Appropriation to comply with section 2-2-703 - SB 06S-004 - repeal. (Repealed)

C.R.S. § 17-1-161 Appropriation to comply with section 2-2-703 - SB 06S-005 - repeal

17-1-161. Appropriation to comply with section 2-2-703 - SB 06S-005 - repeal. (Repealed)

C.R.S. § 17-1-162 Appropriation to comply with section 2-2-703 - SB 06S-007 - repeal

17-1-162. Appropriation to comply with section 2-2-703 - SB 06S-007 - repeal. (Repealed)

C.R.S. § 17-1-163 Appropriation to comply with section 2-2-703 - HB 07-1040 - repeal

17-1-163. Appropriation to comply with section 2-2-703 - HB 07-1040 - repeal. (Repealed)

C.R.S. § 17-1-164 Appropriation to comply with section 2-2-703 - SB 07-096 - repeal

17-1-164. Appropriation to comply with section 2-2-703 - SB 07-096 - repeal. (Repealed)

C.R.S. § 17-1-165 Appropriation to comply with section 2-2-703 - HB 07-1326 - repeal

17-1-165. Appropriation to comply with section 2-2-703 - HB 07-1326 - repeal. (Repealed)

C.R.S. § 17-1-166 Department duties - parole plan - report

17-1-166. Department duties - parole plan - report. (1) The department shall develop a recommended parole plan for every inmate prior to a parole application hearing or release from prison that includes, at a minimum, an approved sponsor or other housing option and a continuity of care plan if the inmate has higher needs for medical or behavioral health care. The department shall comply with this subsection (1) regardless of whether the inmate can provide the department with the name of a potential parole sponsor. If the department is unable to develop a recommended parole plan, the department shall inform the parole board in writing and include a list of options that have been explored but have been rejected by the department. (2) The department, in consultation with the state board of parole, shall develop necessary policies and procedures regarding prerelease planning to ensure that: (a) Roles and responsibilities of employees and any contractors involved in pre-release planning are clearly defined, employees and any contractors are adequately trained, and performance measures are developed; (b) Adequate tracking and quality assurance processes are in place so that a recommended parole plan, whether an in-state or out-of-state plan, is completed and submitted to the parole board prior to the initial and any subsequent parole application hearing; (c) Expedited protocols are in place so that an inmate's application for parole is submitted to the parole board at the earliest possible opportunity if the inmate is a new arrival at Denver reception and diagnostic center or the central transport unit and is past or within ninety days of the inmate's parole eligibility date; (d) Formal mechanisms are in place to facilitate effective communication between the department and the parole board, including timely responses from the department to parole board requests for additional information or for a revised parole plan prior to the parole board's decision; and (e) Data collection and data sharing between the department and the parole board are adequate to actively monitor the status of parole applications when the parole board has delayed its decision. (3) The department shall provide a monthly report, by facility, the number of parole applications when the parole board has delayed a decision, the average length of time the parole application has been pending, and the general reason for delaying the decision if that information is known to the department. The information must be provided both for the reporting month and year to date.

C.R.S. § 17-1-167 Use of restraints for state inmates - criteria - documentation - intake assessment - report - rules - definitions

17-1-167. Use of restraints for state inmates - criteria - documentation - intake assessment - report - rules - definitions. (1) By July 1, 2027, the department shall implement policies and practices that conform to the minimum standards prescribed by the most updated restraint and seclusion standards of the national commission on correctional health care. The department shall continuously amend its practices and policies to comply, at a minimum, with those minimum standards. (2) (a) A facility or qualified facility shall ensure that the use of restraint is documented and maintained in the electronic health record of the individual who was restrained. At a minimum, the facility or qualified facility shall document: (I) The order for clinical restraint, the date and time of the order, and the signature of the licensed or license-eligible mental health provider who issued the clinical restraint order. If the order is authorized by telephone, the order must be transcribed and signed at the time of issuance by a person with authority to accept orders. The ordering licensed or license-eligible mental health provider shall sign the order as soon as practicable. (II) A clear explanation of the clinical basis for use of the clinical restraint, including the less intrusive interventions that were employed and failed, and evidence of the immediate circumstances justifying the belief that the use of restraint was to prevent the individual from committing imminent and serious harm to the individual's self or another person; (III) The specific behavioral criteria the individual must exhibit for the clinical restraint episode to be terminated; (IV) Any modifications to the order, and the time and date, and the signature of the licensed or license-eligible mental health provider, or mental health clinician as defined by department rule or designated by the department, who modifies the order; (V) The date and time of an order modification, the date and time of the modification, and the signature of the licensed or license-eligible mental health provider, or mental health clinician as defined by department rule or designated by the department, who issued the clinical restraint order. If the order is modified by telephone, the modification must be transcribed and signed at the time of issuance by a person with authority to accept the modification. The ordering licensed or license-eligible mental health provider, or mental health clinician as defined by department rule or designated by the department, shall sign the order as soon as practicable; and (VI) The date and time of the termination of the order, the signature of the person who terminated the order, the observations, and evidence that the individual exhibited behavior justifying the termination of the order. icense-eligible mental health provider, or mental health clinician as defined by department rule or designated by the department, shall sign the order as soon as practicable; and (VI) The date and time of the termination of the order, the signature of the person who terminated the order, the observations, and evidence that the individual exhibited behavior justifying the termination of the order. (b) The facility or qualified facility shall ensure the documentation and retention required pursuant to this section are conducted pursuant to all applicable state and federal laws regarding the confidentiality of the individual's information and shall ensure an individual may access the information or demand release of the information to a third party. (3) A qualified facility shall perform an evaluation upon every individual's intake to the respective facility for the purpose of assessing the individual's risk of self-harm behaviors and whether the individual has been previously subjected to clinical four-point restraints. A licensed or license-eligible mental health provider, mental health clinician as defined by department rule or designated by the department, qualified health-care provider, or mental health administrator shall initiate appropriate safety planning to address concerns and attempt to avoid the use of clinical restraints, if possible. (4) (a) Subject to the provisions of this section, a qualified facility shall not use an involuntary medication on an individual unless: (I) The individual is determined to be dangerous to the individual's self or another person, and the treatment is in the individual's medical interest; (II) The qualified facility has exhausted all less restrictive alternative interventions; (III) The involuntary medication is administered after exhaustion of procedural requirements established pursuant to this section; and (IV) The majority of the involuntary medication committee described in subsection (4)(b) of this section approves of the involuntary medication. (b) The qualified facility shall convene an involuntary medication committee, comprised of a licensed psychiatrist, a licensed psychologist, a licensed or license-eligible mental health provider, and the superintendent of the qualified facility or the superintendent's designee. (c) An order for an involuntary medication must not: (I) Exceed one hundred eighty days from the date of the order; and (II) Permit the use of more than ten different psychotropic medications during the one-hundred-eighty-day period. This does not limit the amount of doses of the medications to be administered, as medically appropriate. (d) A qualified facility shall ensure that the use of involuntary medication is documented and maintained in the individual's electronic health record. At a minimum, the qualified facility shall document: (I) The order for involuntary medication; (II) The date and time of the order; and (III) A clear explanation of the clinical basis for use of the involuntary medication, including the less intrusive interventions that were employed and failed and evidence of the immediate circumstances justifying the determination that the individual is dangerous to the individual's self or another person and that the treatment is in the individual's medical interest. (e) The facility or qualified facility shall ensure the documentation and maintenance required pursuant to this section are conducted pursuant to all applicable state and federal laws regarding the confidentiality of the information. tifying the determination that the individual is dangerous to the individual's self or another person and that the treatment is in the individual's medical interest. (e) The facility or qualified facility shall ensure the documentation and maintenance required pursuant to this section are conducted pursuant to all applicable state and federal laws regarding the confidentiality of the information. (f) This subsection (4) does not apply to emergency medicine administered pursuant to department policy. (5) (a) On or before January 1, 2024, and on or before January 1 each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the senate and house of representatives, or any successor committees, concerning the use of clinical restraints and involuntary medication in the preceding calendar year. At a minimum, the report must include: (I) The total number of clinical ambulatory restraint episodes and clinical four-point restraint episodes; (II) The total number of involuntary medication orders issued; (III) The average amount of time of a clinical ambulatory restraint episode and clinical four-point restraint episode; (IV) The average duration of involuntary medication orders issued; (V) The longest clinical ambulatory restraint episode and the longest clinical four-point restraint episode; (VI) The percentage of total clinical ambulatory restraint episodes that exceeded two hours, and the percentage of total clinical four-point restraint episodes that exceeded two hours; (VII) The percentage of total clinical ambulatory restraint episodes that involved an individual diagnosed with a behavioral health disorder or intellectual or developmental disability, and the percentage of total clinical four-point restraint episodes that involved an individual diagnosed with a behavioral health disorder or intellectual or developmental disability; (VIII) The percentage of total involuntary medication orders that involved an individual diagnosed with a behavioral health disorder or intellectual or developmental disability, and the percentage of total clinical four-point restraint episodes that involved an individual diagnosed with a behavioral health disorder or intellectual or developmental disability; (IX) The percentage of total clinical ambulatory restraint episodes that involved an individual who was subjected to the restraint for a second or subsequent episode within the year, and the percentage of total clinical four-point restraint episodes that involved an individual who was subjected to the restraint for a second or subsequent episode within the year; (X) The percentage of total involuntary medication orders that involved an individual who was subjected to a second or subsequent order within the year; (XI) The total number of involuntary medication orders that exceeded one hundred eighty days; and (XII) An implementation plan to conform with the requirements pursuant to subsection (1) of this section, including timelines, a summary of progress, and a compliance report. (b) Beginning in 2024 and each year thereafter, the department shall present findings from the report described by this section to the house of representatives and senate judiciary committees, or any successor committees, during the hearings held pursuant to the "SMART Act", part 2 of article 7 of title 2. (c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5) continues indefinitely. (d) The department shall ensure the report required in this subsection (5) does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of individuals' information. (6) As used in this section, unless the context otherwise requires: 4-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5) continues indefinitely. (d) The department shall ensure the report required in this subsection (5) does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of individuals' information. (6) As used in this section, unless the context otherwise requires: (a) "Clinical ambulatory restraint" means a device used to involuntarily limit an individual's freedom of movement, but still permits the ability of the individual to walk and move while subjected to the device. (b) "Clinical four-point restraint" means a device used to involuntarily limit an individual's freedom of movement by securing the individual's arms and legs. (c) "Clinical restraint" means a device used to involuntarily limit an individual's freedom of movement. "Clinical restraint" includes clinical ambulatory restraints and clinical four-point restraints. (d) "Correctional facility" has the same meaning as set forth in section 17-1-102 (1.7). (e) "Department" means the department of corrections, created and existing pursuant to section 24-1-128.5. (f) "Facility" means a correctional facility or a private contract prison. (g) "Involuntary medication" means giving an individual medication involuntarily; except that "involuntary medication" does not include the involuntary administration of medication or administration of medication for voluntary life-saving medical procedures. (h) "Licensed or license-eligible mental health provider" has the same meaning as defined in section 27-60-108 (2)(a), or means a person who has completed the education requirements to be a licensed mental health provider as defined in section 27-60-108 (2)(a), but is in the process of completing the experience and examination requirements to becoming licensed. (i) "Private contract prison" has the same meaning as set forth in section 17-1-102 (7.3). (j) "Qualified facility" means: (I) A correctional facility infirmary; (II) The San Carlos correctional facility; and (III) The Denver women's correctional facility. (k) "Qualified health-care provider" means a licensed physician, a licensed advanced practice registered nurse, or a licensed registered nurse.

C.R.S. § 17-1-168 Broadband infrastructure cash fund - created - repeal

17-1-168. Broadband infrastructure cash fund - created - repeal. (1) (a) The broadband infrastructure cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (1)(b) of this section and any other money that the general assembly may appropriate, transfer, or require by law to be credited to the fund. (b) On July 1, 2024, the state treasurer shall transfer four million five hundred seventy thousand seven hundred forty-one dollars from the general fund to the fund. (2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (3) Subject to annual appropriation by the general assembly, the department may expend money from the fund to install broadband infrastructure at the following correctional facilities: (a) Denver reception and diagnostic center; (b) Fremont correctional facility; (c) Denver women's correctional facility; (d) Buena Vista correctional complex; and (e) San Carlos correctional facility. (4) The state treasurer shall transfer all unexpended and unencumbered money in the fund on July 1, 2027, to the general fund. (5) This section is repealed, effective July 1, 2027.

C.R.S. § 17-1-201 Duties of department

17-1-201. Duties of department. (1) The department shall adopt rules and implement a process to issue requests for competitive proposals for the use and development of private contract prisons. (2) Notwithstanding section 24-1-136 (11)(a)(I), no later than December 1 of each fiscal year, beginning with the 1996-97 fiscal year, the executive director shall submit a report to the speaker of the house of representatives and the president of the senate concerning the status of contracts in effect, and, with respect to completed prisons, the effectiveness of each private contract prison governed by a contract with the department.

C.R.S. § 17-1-202 Requests for competitive proposals and contract requirements

17-1-202. Requests for competitive proposals and contract requirements. (1) Before entering into any contract for designing, financing, acquiring, constructing, or operating a private contract prison or any contract for any combination of these functions, the department may issue a request for competitive proposals. Prior to issuing a request for competitive proposals requiring new construction under this section, the department shall notify the capital development committee, established pursuant to section 2-3-1302, C.R.S. The department's rules, at a minimum, shall require that any contract proposed and awarded by the executive director pursuant to this part 2 shall be governed by the following principles: (a) A contract shall be negotiated with the contractor which, in the determination of the department, is found to be the most qualified and the most competitive under the circumstances; except that a contract for private correctional facilities shall not be executed unless the executive director of the department of corrections determines that the contractor has demonstrated compliance with the following standards: (I) The qualifications, experience, and management personnel necessary to carry out the terms of the contract. At a minimum, this standard shall prohibit the contractor from employing a person who is required to register pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., to work in the private correctional facility. In connection with this standard, the contractor shall require applicants for employment to submit a set of fingerprints to the Colorado bureau of investigation for a criminal background check as provided in section 17-1-204. (II) The ability to expedite the location, design, and construction of a private correctional facility; and (III) The ability to comply with applicable laws, court orders, and national correctional standards. (b) A contractor shall agree to indemnify the state and the department of corrections, including their officials and agents, against any and all liability including but not limited to any civil rights claims. The department of corrections shall require proof of satisfactory insurance, the amount to be determined by the department of corrections following consultation with the division of insurance in the department of regulatory agencies. (c) The contractor shall seek, obtain, and maintain accreditation by the association responsible for adopting national correctional standards. In addition, the contractor shall comply with the association's amendments to the accreditation standards upon approval of the amendments by the department of corrections. (d) The proposed private contract prisons and the management plans for inmates shall meet applicable national correctional standards and the requirements of applicable court orders and state law. (e) The contractor shall agree to abide by operations standards for correctional facilities adopted by the executive director of the department of corrections. (f) The contractor shall be responsible for a range of dental, medical, and psychological services and diet, education, and work programs at least equal to those services and programs provided by the department of corrections at comparable state correctional facilities. The work and education programs shall be designed to reduce recidivism. the executive director of the department of corrections. (f) The contractor shall be responsible for a range of dental, medical, and psychological services and diet, education, and work programs at least equal to those services and programs provided by the department of corrections at comparable state correctional facilities. The work and education programs shall be designed to reduce recidivism. (g) The executive director shall monitor all private contract prisons. Each contractor shall bear the costs of monitoring associated with out-of-state inmates and shall reimburse the department on a per-inmate basis for out-of-state inmates, but shall not bear the costs of monitoring associated with Colorado inmates. (1.5) For the purposes of a contract in existence as of April 1, 2004, if a contractor employs a person in a private correctional facility who is required to register as a sex offender pursuant to the provisions of the "Colorado Sex Offender Registration Act", article 22 of title 16, C.R.S., the contractor shall ensure that the person does not have unsupervised contact with an inmate on and after April 1, 2004. Failure to comply with the provisions of this subsection (1.5) shall constitute a breach and grounds for termination of the contract. (2) A contract entered into under this part 2 does not accord third-party beneficiary status to any inmate or to any member of the general public. (3) Each contract shall include any other requirements the department considers necessary and appropriate for carrying out the purposes of this part 2.

C.R.S. § 17-1-202.5 Private prison planning process

17-1-202.5. Private prison planning process. (1) In any fiscal year, if the general assembly determines that the amount of moneys credited to the capital construction fund, created in section 24-75-302, C.R.S., is not sufficient to pay for the design and construction of a correctional facility for adult offenders that is deemed necessary to satisfy future prison bed projections and needs, the department may request competitive proposals from private prison providers three years before desired occupancy of the correctional facility. Prior to issuing a request for competitive proposals requiring new construction under this section, the department shall notify the capital development committee, established pursuant to section 2-3-1302, C.R.S. (2) (a) The department, during the request for competitive proposals process described in subsection (1) of this section, shall determine the level of security, the desired location, and the number of beds necessary for the facility, as well as other criteria applicable to the appropriate conditions of confinement to be maintained at the facility. The department shall be under no obligation or duty to place offenders in a facility covered by this section. (b) The department in all instances shall ensure that requests for competitive proposals adequately inform prospective contractors that the department will give priority to proposals that satisfy the requirements of section 17-1-202 and that are competitive to the extent they contain terms that are most favorable to the department. The department shall, to the extent possible, also take steps to provide a competitive market environment for prospective contractors and to avoid decreased competition and the creation of a monopoly in the market. (3) Nothing in this section shall be construed to require or permit the department to lend or pledge the credit or faith of the department or of the state in any manner that would violate section 1 of article XI of the Colorado constitution.

C.R.S. § 17-1-203 Powers and duties not delegable to contractor

17-1-203. Powers and duties not delegable to contractor. (1) A contract executed pursuant to this part 2 shall not be construed as authorizing, allowing, or delegating authority to the contractor to: (a) Choose the correctional facility to which an inmate is initially assigned or subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The executive director and the contractor shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private contract prison. The department and the contractor must comply with the cooperative agreement. (b) Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department of corrections; (c) Make a final determination on a disciplinary action that affects the liberty of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody. (d) Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit earned time; (e) Make recommendations to the state board of parole with respect to the denial or granting of parole or release; however, the contractor may submit written reports to the state board of parole and shall respond to any written request by the state board of parole for information; (f) Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the department; (g) Determine inmate eligibility for any form of release from a correctional facility.

C.R.S. § 17-1-204 Background checks

17-1-204. Background checks. (1) The Colorado bureau of investigation may accept fingerprints of individuals who apply for employment at a private correctional facility and who shall be subject to background checks in accordance with section 17-1-202 (1)(a)(I). (2) For the purpose of conducting background checks, to the extent provided for by federal law, the Colorado bureau of investigation may exchange with the department state, multistate, and federal criminal history records of individuals who apply for employment at a private correctional facility.

C.R.S. § 17-1-205 Contract termination - control of a correctional facility by the department

17-1-205. Contract termination - control of a correctional facility by the department. A contractor shall submit a detailed plan for the department to assume temporary responsibility for a private contract prison when the contract between the state and the contractor terminates. The state, through the executive director, may terminate the contract for cause, including but not limited to failure to obtain or maintain facility accreditation, after written notice of material deficiencies and after sixty workdays have been provided to the contractor to correct the material deficiencies. If any event occurs involving the noncompliance with or violation of contract terms and presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume responsibility for the private contract prison. In addition, a contractor shall submit a plan for the temporary assumption of operations and purchase of a private contract prison by the department in the event of bankruptcy or the financial insolvency of the contractor. The contractor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events. The plan shall comply with applicable national correctional standards. Nothing in this section shall be construed to require the state to assume the responsibility for the operation of private contract prisons and costs associated with contractual termination described in this section. If the state chooses, it may assume responsibility upon approval by the general assembly through the enactment of legislation.

C.R.S. § 17-1-206 Inmates in custody of the department

17-1-206. Inmates in custody of the department. The provisions of section 16-11-308, C.R.S., shall apply to inmates placed in a private contract prison pursuant to this part 2.

C.R.S. § 17-1-206.5 Preparole release and revocation facility - community return-to-custody facility

17-1-206.5. Preparole release and revocation facility - community return-to-custody facility. (1) On or before December 1, 2001, the department shall issue a request for proposal for the construction and operation of a private contract prison to serve as a preparole and revocation center, that shall be a level III facility, as described in section 17-1-104.3 (1)(a)(III). (2) The prison described in subsection (1) of this section shall contain at least three hundred beds and incarcerate any of the following: (a) Inmates who have not been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S., and who have no more than nineteen months remaining until such inmate's parole eligibility date; (b) Inmates who have been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S., and who have no more than nine months remaining until such inmate's parole eligibility date; or (c) Offenders whose parole has been revoked; except that such incarceration shall be for no more than ninety days. (3) Repealed.

C.R.S. § 17-1-207 Applicability of part

17-1-207. Applicability of part. This part 2 shall not apply to the contracts between counties and the department of corrections under which the county agrees to house the backlog of inmates as provided by section 16-11-308.5, C.R.S., which contracts shall be governed by said section. In addition, this part 2 shall not apply to any contract entered into by the department under circumstances where the contract has been reviewed in accordance with section 17-1-105 (2).

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