Correctional Industries

C.R.S. tit. 17, art. 24
in effect

C.R.S. § 17-24-101 Short title

17-24-101. Short title. This article shall be known and may be cited as the "Correctional Industries Act".

C.R.S. § 17-24-102 Legislative declaration

17-24-102. Legislative declaration. (1) The general assembly finds and declares that, to the extent possible, all inmates should participate in programs that promote successful rehabilitation, reentry, and reintegration into the community. Therefore, it is the general assembly's intent to create a division of correctional industries to develop rehabilitation and work programs inside and outside of the department's facilities to promote inmates' successful rehabilitation, reentry, and reintegration into the community. (2) It is the general assembly's intent that the division of correctional industries collaborate with the department to perform all duties and functions for correctional industries.

C.R.S. § 17-24-103 Definitions

17-24-103. Definitions. As used in this article 24, unless the context otherwise requires: (1) "Able-bodied offender" means an offender in the custody of the department who is to participate in a work program or other productive activity authorized by this article and who is physically able to do so. The term does not include an offender who is participating in a community corrections program, who is a part of the "blind count", or who is ill or unable to participate in a work program or other productive activity. (2) "Director" means the director of the division of correctional industries. (3) "Division" means the division of correctional industries created in section 17-24-104. (4) "External program" means a rehabilitation and work program administered by the division in partnership with employers outside of department facilities. "External program" does not include educational services or other productive activities administered by the division of adult parole. (5) "Internal program" means a rehabilitation and work program that is provided inside a department facility, is administered by the division, and may be in partnership with employers outside of department facilities. "Internal program" does not include educational services or other productive activities administered by the division of adult parole. (6) "Programs" means external programs and internal programs.

C.R.S. § 17-24-104 Creation of division of correctional industries and advisory committee - enterprise status of division - duties of committee - sunset review of committee - rules

17-24-104. Creation of division of correctional industries and advisory committee - enterprise status of division - duties of committee - sunset review of committee - rules. (1) There is created in the department of corrections the division of correctional industries, which is under the direction of the director of correctional industries, who is appointed by the executive director of the department of corrections pursuant to section 13 of article XII of the state constitution. The division constitutes an enterprise for the purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to the provisions of this section, the division of correctional industries is not a district for purposes of section 20 of article X of the state constitution. The division of correctional industries is a type 2 entity, as defined in section 24-1-105. (2) (a) There is created the correctional industries advisory committee, which consists of: (I) The state treasurer for the duration of his term of office; (II) Four members of the general assembly, two of whom shall be appointed by the speaker of the house of representatives and two of whom shall be appointed by the president of the senate. Of the legislative members appointed, one shall be a member of the minority party of the house of representatives and one shall be a member of the minority party of the senate. The legislative members shall be appointed in January at the beginning of the regular session held in odd-numbered years and shall serve through the legislative biennium. (III) The director of the office of state planning and budgeting; (IV) The executive director of the department of personnel; (V) Two members from affected industries in the business community, who shall be appointed by the governor for terms of three years each; (VI) Two members from organized labor, who shall be appointed by the governor for terms of three years each; (VII) The executive director of the department of corrections; and (VIII) A county sheriff, who shall be appointed by the governor for a term of three years. (b) Each member holds office until the member's term expires and until a successor is appointed. Any member is eligible for reappointment, but shall not serve more than two consecutive full terms. Except as otherwise provided in section 2-2-326, members of the advisory committee serve without compensation for such services but may be reimbursed for their necessary expenses while serving as members of the board. Any vacancy shall be filled in the same manner as for an original appointment and shall be for the unexpired term. The chair shall be elected by the voting members of the advisory committee from among the appointed members of the general assembly. (c) Any member appointed by the governor may be removed by the governor and any member appointed by the speaker of the house of representatives or the president of the senate may be removed by the appropriate appointing officer for malfeasance in office, for failure to regularly attend meetings, or for any cause which renders said member incapable of or unable to discharge the duties of his office. c) Any member appointed by the governor may be removed by the governor and any member appointed by the speaker of the house of representatives or the president of the senate may be removed by the appropriate appointing officer for malfeasance in office, for failure to regularly attend meetings, or for any cause which renders said member incapable of or unable to discharge the duties of his office. (d) Repealed. (3) (a) Before any industry is established to utilize the services of prisoners as provided by this article, including but not limited to any industry in a nonstate-owned facility pursuant to section 17-24-125, the advisory committee shall consider the feasibility of establishing such industry and the effect of such establishment on similar industries already established in the state and shall make its recommendations thereon to the director. A majority of the members of the advisory committee at any meeting duly called by the chairman has full power to act upon and resolve any matter or question referred to it by the director. (b) Repealed. (4) Repealed. (5) (a) The advisory committee shall consider the advisability of issuing any revenue bonds and make recommendations in the form of a resolution to the director. A majority of the members of the advisory committee at any meeting duly called by the chairman has full power to act upon and make such recommendations. Any resolution authorizing the issuance of bonds under the terms of this section shall include: (I) The date of issuance of the bonds; (II) The maturity date or dates during a period not to exceed thirty years from the date of issuance of the bonds; (III) The interest rate or rates on, and the denomination or denominations of, the bonds; (IV) The form of the bond, whether bearer or registered; and (V) The medium of payment of the bonds and the place where the bonds will be paid. (b) Any resolution authorizing the issuance of bonds under the terms of this section may: (I) State that the bonds are to be issued in one or more series; (II) State a rank or priority of the bonds; and (III) Provide for redemption of the bonds prior to maturity, with or without premium. (c) A resolution pertaining to issuance of bonds under this section may contain covenants as to: (I) The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof; (II) Such matters as are customary in the issuance of revenue bonds including, without limitation, the issuance and lien position of other or additional bonds; and (III) Books of account and the inspection and audit thereof. (d) The committee may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by such committee over any bonds that may be issued thereafter. (e) Upon issuance of a bond by the division pursuant to the provisions of section 17-24-106.3, any resolution made pursuant to the terms of this section shall be deemed a contract with the holders of the bonds, and the duties of the committee under such resolution shall be enforceable by any appropriate action in a court of competent jurisdiction. (6) Repealed.

C.R.S. § 17-24-105 Personnel

17-24-105. Personnel. (1) The director shall have considerable business operations experience, including the supervision and management of production operations. (2) The director shall have the authority to determine the personnel needs and requirements of the programs and shall have the authority to hire all subordinate personnel pursuant to section 13 of article XII of the state constitution.

C.R.S. § 17-24-106 General powers of the division

17-24-106. General powers of the division. (1) In addition to any other powers granted to the division by this article 24, the division has the following powers: (a) Repealed. (b) To develop programs that promote successful rehabilitation, reentry, and reintegration into the community; (c) Repealed. (d) To acquire or purchase equipment, raw materials, supplies, office space, insurance, and services and to engage the supervisory personnel necessary to establish and maintain the external programs and internal programs at the state's correctional institutions pursuant to law; (e) To produce goods and services that are needed for the construction, operation, or maintenance of any office, department, institution, or agency supported in whole or in part by the state, any political subdivision of the state, or the federal government; (f) (I) To sell goods and services, including capital construction items, produced by the internal programs to agencies supported in whole or in part by the state, any political subdivision of the state, other states or their political subdivisions, or the federal government; and (II) To sell such goods to entities who have entered into financed purchase of an asset or certificate of participation agreements with any public entity enumerated in subsection (1)(f)(I) of this section pursuant to which such goods are used by such public entity; (g) To adopt, have, and use a seal and to alter the same at its pleasure; (h) To sue and be sued; (i) To enter into any contract or agreement not inconsistent with this article or the laws of this state; (j) To borrow money from the state treasury in an amount not to exceed three million dollars pursuant to section 24-75-203, C.R.S., for a period of time not to exceed ten years. All moneys borrowed, including principal and interest shall be repaid in nine equal annual installments, commencing after the first year. The three-million-dollar limit shall include any amounts loaned to correctional industries in supplemental appropriation bills passed prior to May 22, 1979. (k) (I) To purchase, lease, trade, exchange, or otherwise acquire, maintain, and dispose of real property and personal property and any interest therein pursuant to law. (II) to (IV) Repealed. (V) As used in this paragraph (k), "real property" means land, including land under water, buildings, structures, fixtures, and improvements on land, any property appurtenant to or used in connection with land, and every estate, interest, privilege, easement, right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens. However, the term "real property" does not include leasehold interests. (l) To accept grants or loans from the federal, the state, or any local government and to do all things necessary, not inconsistent with this article or any other laws of this state, in order to avail itself of such aid, assistance, and cooperation under any federal legislation; (m) To enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article pursuant to law; (n) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article; (o) To adopt rules and regulations pursuant to article 4 of title 24, C.R.S., consistent with the provisions of this article; ave and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article; (o) To adopt rules and regulations pursuant to article 4 of title 24, C.R.S., consistent with the provisions of this article; (p) To sell Colorado state flags produced by an internal program to retailers in this state at a price as near to the prevailing wholesale market price and quality as is practical and to individuals at retail price; however, the division must supply the requirements of state agencies and political subdivisions of the state before selling such flags as provided in this subsection (1)(p). The price of flags to state agencies and political subdivisions of this state must be determined pursuant to section 17-24-112. (q) Repealed. (r) To receive, repair, and distribute surplus property pursuant to the powers and duties provided in part 4 of article 82 of title 24, and to receive, repair, sell, or otherwise dispose of surplus state property as provided in section 17-24-106.6; (s) To authorize and issue revenue bonds pursuant to the provisions of section 17-24-106.3; (t) To establish and operate a canteen for the use and benefit of the inmates of state correctional facilities and to operate vending machines for the use of visitors to such facilities. (2) Repealed.

C.R.S. § 17-24-106.3 Revenue bonds - authority - issuance - requirements - covenants

17-24-106.3. Revenue bonds - authority - issuance - requirements - covenants. (1) (a) Subject to the prior approval of the correctional industries advisory committee acting by resolution in accordance with the provisions of section 17-24-104 (5) and from both houses of the general assembly acting either by bill or joint resolution, the division may, in accordance with the requirements of subsection (2) of this section, authorize and issue revenue bonds in an amount not to exceed one million dollars in the aggregate for expenses of the division. (b) All bonds issued by the division shall provide that: (I) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and (II) The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the division for expenses as designated in such bond. (2) Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the division shall advertise the sale in such manner as the general assembly authorizes by bill or joint resolution. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery. (3) Notwithstanding any provisions of the law to the contrary, all bonds issued pursuant to this section are negotiable. (4) Bonds issued under this section shall be valid and binding obligations, regardless of whether, prior to the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to serve in their official capacities. (5) (a) Except as otherwise provided in a resolution authorizing bonds pursuant to the provisions of section 17-24-104 (5), all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor. (b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.

C.R.S. § 17-24-106.6 Surplus state property - definitions

17-24-106.6. Surplus state property - definitions. (1) As used in this section, unless the context otherwise requires: (a) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.) (b) "State agency" means this state or any department or other agency of the state, but not including the department of transportation or the Auraria higher education center established in article 70 of title 23, C.R.S. (c) "Surplus state property" means any equipment and supplies no longer having any use to the state or any state agency. (2) The director shall promulgate rules to be utilized by the division in governing: (a) The sale or disposal of surplus state property by public auction, invitation for bids, or daily warehouse sales; and (b) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.) (c) The circumstances under which a public employee may purchase surplus state property. (d) (Deleted by amendment, L. 2011, (HB 11-1301), ch. 297, p. 1424, § 16, effective August 10, 2011.) (2.1) (a) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.) (b) Repealed. (c) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.) (3) Such rules shall include, but shall not be limited to: (a) The preparation of a perpetual inventory of surplus state property collected by the division; (a.5) A procedure to inform all state agencies of the availability of such surplus state property; (b) (Deleted by amendment, L. 2002, p. 218, § 1, effective April 3, 2002.) (c) Procedures coordinating, to the extent possible, the programs administered by the division under section 17-24-106 with the division's responsibility with respect to surplus state property; (d) A procedure whereby surplus state property which is not sold or otherwise disposed of within six months after being received by the division shall be disposed of as soon as possible thereafter. (4) Any moneys used to cover the administrative costs of the transfer of responsibilities with respect to surplus state property from the department of personnel to the department of corrections shall be transmitted to the state treasurer, who shall credit the same to the surplus property fund, which fund is hereby created, and such fund shall be subject to appropriation by the general assembly for the purposes of this section. (5) Any moneys in any accounts or funds administered by the department of personnel that are derived from the administration of part 4 of article 82 of title 24 shall be transferred to the surplus property fund. (6) The division may assess fees from the disposer or recipient of any surplus state property, which fees shall be limited to reasonable administrative costs of the division incurred in effecting the collection of surplus state property. All such fees shall be credited to the surplus property fund.

C.R.S. § 17-24-107 Records

17-24-107. Records. The account of all moneys received by and disbursed on behalf of the division shall also be a public record. Any public record of the division shall be open for inspection by any citizen.

C.R.S. § 17-24-108 Disclosure of interests

17-24-108. Disclosure of interests. Any employee or any other agent or adviser of the division who has a direct or indirect interest in any contract or transaction with the division shall disclose this interest to the division. No such employee or other agent or adviser having such an interest shall participate on behalf of the division in the authorization of any such contract or transaction.

C.R.S. § 17-24-109 Required programs

17-24-109. Required programs. (1) The division shall establish programs that provide license plates and highway signs for the state. (2) Repealed. (3) All vocational training programs, personnel, inventories, and equipment shall be resources dedicated to the establishment of the correctional industries program. (4) The executive director shall designate a portion of the real property at each correctional institution as an industry area, and all facilities and buildings within this area are assigned to the division in cooperation with the division of adult parole. The responsibility for the upkeep of these facilities, buildings, and grounds is vested in the division.

C.R.S. § 17-24-109.5 License plates - highway signs

17-24-109.5. License plates - highway signs. (1) The division may purchase such equipment, machinery, and other materials as may be necessary to manufacture and deliver motor vehicle license plates, temporary registration plates and certificates, validating tabs or decals, road signs, markers, and metal badges used by any department and manufactured under the authority of this article. Each year the executive director of the department of revenue shall estimate the number of license plates, temporary registration plates and certificates, and validating tabs or decals that will be required and the cost of manufacturing thereof for the year such estimate is made and shall certify such estimates to the joint budget committee of the general assembly. (2) During the year the estimate required by subsection (1) of this section is made and certified by the executive director of the department of revenue from the sale of motor vehicle license plates, temporary registration plates and certificates, and validating tabs or decals, the joint budget committee shall consider the estimate in making its budget recommendation for the division of correctional industries to the general assembly. Any amounts appropriated by the general assembly for the purposes of this section shall be used and expended by the division of correctional industries to purchase such equipment and machinery, including repairs thereof, sheet steel or aluminum, paints, enamels, and other materials and support services as may be necessary to manufacture and deliver as a finished product motor vehicle license plates required by the executive director of the department of revenue to be furnished under the motor vehicle laws of this state.

C.R.S. § 17-24-109.8 Pilot program - refuse derived fuel

17-24-109.8. Pilot program - refuse derived fuel. (Repealed)

C.R.S. § 17-24-110 Financial payment incentives

17-24-110. Financial payment incentives. (1) The division shall establish a system of financial payments for inmates who participate in internal programs. (2) The diagnostic services unit of the division of adult parole shall provide to the division personnel testing services that perform a vocational assessment of work experience and training needs; and from the superintendent of each such institution, security services at the work site, in addition to perimeter and scheduled security, when the division and the superintendent determine such additional services are reasonably necessary to ensure the safety of the public, the staff, and the inmates. (3) Repealed. (4) The director and the director of the division of adult parole are authorized to negotiate resource allocations for the exchange of services set forth in this section, subject to the annual review by the joint budget committee and the governor and appropriation by the general assembly. Payment rates shall be negotiated and set before the exchange of any of the services.

C.R.S. § 17-24-111 Purchasing requirement

17-24-111. Purchasing requirement. (1) (a) The director is hereby authorized to develop programs that produce goods and services, including capital construction items, which are used by agencies financed in whole or in part by the state, any political subdivision thereof, or the federal government and to develop programs that produce goods, including capital construction items, which are used by public entities involved in financed purchase of an asset or certificate of participation agreements as provided in section 17-24-106 (1)(f)(II). The director shall also develop programs to market goods and services to distributor networks, nonprofit organizations, private sector retailers, and the general public. The state and its institutions, agencies, and departments may purchase through the department of personnel or purchasing agency authorized by section 24-102-302 (2) such goods and services as are produced by the division, unless similar goods and services can be obtained at or below the amount established for small purchases which are exempt from the invitation-for-bids requirements of the "Procurement Code" contained in part 2 of article 103 of title 24. Goods and services produced by the division shall be provided at a price comparable to the current market price for similar goods and services. State agencies may purchase goods and services from sources other than the division; except that office furniture and office systems shall be purchased from the division. Printing services shall be purchased from the division unless a state agency operates its own printing operation. If the division is not able to provide its goods or services at a price or level of quality which is comparable to that provided by the private sector or provide them in a timely manner, which price, level of quality, or timeliness is determined by the department of personnel, the department of personnel shall make a certification to that effect, and the state agency purchasing such goods or services shall not be required to purchase them from the division. (b) Repealed. (c) The financial and staff resources dedicated to said purchasing function in the affected agency shall be under the authority of the department of personnel during the period of suspension, and purchases made for the affected agency shall be in accordance with the requirements of this subsection (1). (d) When a state agency issues an invitation for bids pursuant to section 24-103-202, C.R.S., for goods or services which are available from the division of correctional industries, as shown on the list provided by the division pursuant to paragraph (a) of subsection (2) of this section, the division of correctional industries shall be included on its list of prospective bidders. (e) Repealed. (f) The division of correctional industries shall have access to the purchasing records of the department of personnel and the records of purchasing agents of state agencies established pursuant to section 24-102-302, C.R.S. (2) (a) Repealed. (b) State agencies which have purchased goods and services available from the division of correctional industries, as shown on the list provided by the division pursuant to paragraph (a) of this subsection (2), shall, as a part of their annual budget requests to the joint budget committee of the general assembly, report on all such purchases and of the value of the goods and services actually purchased from the division of correctional industries, and the division of correctional industries shall, as a part of its annual budget request to the joint budget committee, report on the value of all goods and services sold to each state agency. udget requests to the joint budget committee of the general assembly, report on all such purchases and of the value of the goods and services actually purchased from the division of correctional industries, and the division of correctional industries shall, as a part of its annual budget request to the joint budget committee, report on the value of all goods and services sold to each state agency. (c) and (d) Repealed. (3) Repealed. (4) To the extent the articles and products which are produced or manufactured by the division are not purchased pursuant to the provisions of subsection (1) of this section, said articles or products may be purchased from the division on the open market by any person at the then current prevailing market prices. (5) Articles and products manufactured or produced by the division shall first be used in supplying the requirements of state agencies and secondly in supplying the political subdivisions of the state which purchase the same. Only the surplus of such articles and products left after meeting the requirements of state agencies and their political subdivisions shall be made available for purchase by the general public. (6) (a) Notwithstanding any provision of this section to the contrary, on and after July 1, 2012, a state institution of higher education or the Auraria higher education center created in article 70 of title 23 may, but is not required to, purchase goods and services from the division pursuant to this section. In purchasing furniture and office systems that exceed the amount established for small purchases that are exempt from the invitation-for-bids requirements of the "Procurement Code" contained in part 2 of article 103 of title 24, a state institution of higher education or the Auraria higher education center shall request a bid from the division for the purchase, and the institution or the center shall consider the bid on a competitive basis. (b) Nothing in paragraph (a) of this subsection (6) shall require a state institution of higher education or the Auraria higher education center to engage in competitive bidding for an item or items if the institution or the center chooses to use the division as the sole source supplier for the item or items.

C.R.S. § 17-24-112 Pricing

17-24-112. Pricing. (1) The division shall fix and determine the prices for internal program labor, goods, and services. The prices for industry products must be as near the prevailing market prices for similar quality goods and services as is practical. The prices, other than prices for agricultural products, must not exceed the wholesale market prices for like articles and products in the case of sales to the state or its political subdivisions, or the prevailing retail market prices for like articles and products in the case of sales to the general public. (2) The division shall prepare catalogs containing the description of all goods and services produced, with the price of each item. Copies of such catalogs shall be sent by the division to all state agencies and shall be available for political subdivisions of the state and the federal government. (3) The director shall ensure that the level of quality for goods and services produced is comparable to similar goods and services available from the private sector. The director shall determine if the quality of goods and services produced is approximately the same as the quality requested by the purchasing agencies and departments. The sale of such goods or services shall not give rise to any warranties, but, in the case of a sale to a state agency or political subdivision, if the quality of the goods or services is not approximately the same as that requested, the director shall refund the purchase price or replace the goods or services. In the case of a sale of surplus goods or services, no refund or replacement shall be made after ninety days from the date of the sale.

C.R.S. § 17-24-113 Business operations and budget

17-24-113. Business operations and budget. (1) The division is hereby authorized, within appropriations which may be at its disposal, to procure or cause to be procured and maintained all necessary materials, supplies, space, services, and equipment required for the proper operation of the division. (2) The division shall require that the operation of industries be conducted on a thorough-going business basis, and the value of the labor and the amount of money received shall be accurately recorded, together with the number of work hours used in the production of correctional industries goods and services. (3) Except as provided in section 17-24-126, all revenues collected by the division from the sale of industry goods and services and from the sale or disposal of surplus state property shall be transmitted to the state treasurer, who shall credit the same to a special revolving enterprise account designated as the correctional industries account. All interest derived from the deposit and investment of moneys in the correctional industries account shall be credited to said account. All moneys in said account shall be used for the purchase of requirements necessary for the production of industry goods and services, for the responsibilities set forth in section 17-24-106.6, and for all necessary personnel, in accordance with the annual appropriation by the general assembly; but such account shall not exceed the requirements of activities authorized by this article, as determined necessary by the director, and any excess, upon order of the director, shall be transferred to the general fund by the state treasurer. (4) Except as provided in section 17-24-126, all acquisitions, purchases, and loan repayments of the division shall be payable out of the revenues derived from the sale of correctional industry goods and services authorized in this article and from the sale or disposal of surplus state property under section 17-24-106.6. (5) The division is authorized to enter into a borrowing arrangement with the state treasurer or other organizations when initial money is needed for a new or expanded program, if the advisory committee has approved such an arrangement and such an arrangement is within the authorized appropriation for the division. (6) The director shall make regular reports, including monthly operating statements and annual financial reports, to the governor, the joint budget committee, and the office of state planning and budgeting regarding the financial operation of the division. (7) On January 1 of each year, the division shall submit a proposed annual budget as a part of the total budget of the department of corrections for the following fiscal year beginning July 1. The budget of the division shall be reviewed by the advisory committee. This proposed budget shall contain at least the following: (a) Repealed. (b) A statement of proposed industry products and services to be produced by the division during said fiscal year and their prices; (c) A statement of the past, current, and expected number of offenders employed in each program and at each institution; (d) A financial statement of past, current, and expected production levels, sales revenues, operating expenses, profits, and reversions to the general fund of the division; (e) A statement of the payment rates specified in section 17-24-110; (f) A statement of past, current, and expected staff personnel; (g) Capital requirements for equipment and facilities; (h) All budgetary schedules, forms, and other information required by the joint budget committee. (8) The general assembly, upon recommendation of the joint budget committee, shall make appropriations based on the evaluation of the budget request that determines the production level and financial operation of the division.

C.R.S. § 17-24-114 Provisions for inmates - rules

17-24-114. Provisions for inmates - rules. (1) The director, in collaboration with the department, shall determine inmate work assignments within the division. Each inmate work assignment must take into account the diagnostic services unit recommendation of employment training needs of the inmate, the security classification of the inmate as determined by the superintendent of each correctional institution, and the rehabilitation, reentry, and reintegration needs of the inmate. (2) The director shall establish the compensation rate for the inmates working in internal programs. Payment rates must be established on an annual basis after review by the joint budget committee and by appropriation of the general assembly. The director shall not compensate an inmate if the inmate refuses to participate in an available rehabilitation and work program. (3) (Deleted by amendment, L. 2022.) (4) The division has the power to establish rules governing the employment, conduct, and management of inmates while assigned to internal programs. All such rules pertaining to the payment, employment, conduct, and management of inmates must be published and posted for inmates.

C.R.S. § 17-24-115 Rules and regulations

17-24-115. Rules and regulations. Pursuant to article 4 of title 24, C.R.S., the director has the power to promulgate the rules and regulations which are deemed necessary for the implementation of this article.

C.R.S. § 17-24-116 Sole authority

17-24-116. Sole authority. The division shall have sole authority for operating any programs within the adult correctional institutions of this state.

C.R.S. § 17-24-118 Treasurer and controller to write off debt

17-24-118. Treasurer and controller to write off debt. (Repealed)

C.R.S. § 17-24-119 Training and employment by organizations - account for proceeds and wages

17-24-119. Training and employment by organizations - account for proceeds and wages. (1) The division, after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult parole, is authorized to contract with any corporation, association, labor organization, or private nonprofit organization or with any federal or state agency for the purpose of training or employing offenders who have been committed to the department of corrections or who have been assigned to a community correctional program. (2) Proceeds and wages due an offender from the sale of products produced by the offender under a program authorized by subsection (1) of this section shall be held in an account maintained by the division and distributed periodically for: (a) Compensation of the victim of the crime committed by the offender in an amount not to exceed forty percent of the offender's wages for expenses actually and reasonably incurred as a result of the injury to the person or property of the victim, including medical expenses, loss of earning power, and any other pecuniary loss directly resulting from the injury to the person or property or the death of the victim, which a court of competent jurisdiction determines to be reasonable and proper; (b) Payment of such amounts for the support of the offender's dependents as is deemed appropriate by the division after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult parole; (c) Establishment of funds in trust for the offender upon his release; except that an amount consistent with the payment plan for existing correctional industries programs shall be allocated by the division to the offender for personal expenses while serving his sentence; (d) Voluntary payment of such amounts to the victims assistance and law enforcement fund established in section 24-33.5-506, C.R.S., as is deemed appropriate by the division after consultation with the respective superintendents of the correctional facilities and with the director of the division of adult parole. (3) A portion of said wages and proceeds in an amount determined by the division, but not to exceed twenty percent, may be used to defray the costs incident to the offender's confinement. (4) The provisions of this section shall apply only to a program established pursuant to this section and not to other programs established pursuant to this article.

C.R.S. § 17-24-120 Treasurer and controller to write off amount owed state

17-24-120. Treasurer and controller to write off amount owed state. (Repealed)

C.R.S. § 17-24-121 Venture agreements

17-24-121. Venture agreements. (1) The department of corrections, working through the division, is authorized to enter into agreements with private persons for the utilization of inmate labor in the manufacture, processing, or assembly of components, finished goods, services, or product lines within facilities owned or leased by the department. Such agreements shall be subject to the prior review of the attorney general and the correctional industries advisory committee. (2) The department is authorized to enter into agreements subject to state fiscal rules and the prior review of the attorney general which allow for shared financing by the division and the private contractor for the facility, equipment, raw materials, and operation of industries developed pursuant to the provisions of this section. (3) Inmates producing goods and services under the terms of an agreement authorized by this section shall be paid on a scale to be determined by the executive director of the department in the best interests of the division. (4) The division is authorized to market goods and services produced under a venture agreement to any office, department, institution, or agency supported in whole or in part by the state or any political subdivision thereof or to any other state, the federal government, any nonprofit organization, any private sector retailer, or the general public. (5) The wages of an inmate working under an agreement entered into pursuant to this section with a private person shall be distributed under guidelines established by the executive director in order to offset the cost of imprisonment and incidental expenses, pay court-ordered restitution, make voluntary payments to the victims assistance and law enforcement fund established in section 24-33.5-506, C.R.S., pay the pro rata share of child support cost as established by the department of human services, and establish a savings account to assist the inmate upon release and to offset state costs at the time of release.

C.R.S. § 17-24-122 Agreements for the employment of inmates by private entities

17-24-122. Agreements for the employment of inmates by private entities. (1) The division, in collaboration with the department, is authorized to enter into agreements with private persons or entities to provide employment opportunities for inmates through external programs. Such agreements are subject to the prior review of the attorney general and the correctional industries advisory committee. (2) The division, in collaboration with the department, is authorized to enter into agreements subject to state fiscal rules and the prior review of the attorney general that allow for private party financing for equipment, raw materials, training of workers, and operation of industries developed pursuant to the provisions of this section. In any such agreement, the department may provide for the recovery of the costs of providing facilities for the private contractor by requiring the payment of rent for such facilities. (3) Agreements entered into pursuant to this section must provide that any inmate assigned pursuant to section 17-24-114 (1) to an external program for a private person or entity that made such agreement pursuant to subsection (1) of this section is an employee of the private person or entity and, notwithstanding section 17-24-114 (2), the private person or entity shall pay at least the state minimum wage for the labor performed. Such wages must be paid to the department and shall be held in an account for the inmate. Section 8-40-301 (3) applies to any inmate employed by a private person or entity pursuant to this section. (4) Repealed. (5) Out of the inmate's wages, the department shall deduct periodically for the following purposes and in the following order of priority: (a) Restitution for the victim of the crime committed by the inmate for expenses actually and reasonably incurred as a result of the injury to the person or property of the victim, including medical expenses, loss of earning power, and any other pecuniary loss directly resulting from the injury to the person or property or the death of the victim, which a court of competent jurisdiction determines or has determined to be reasonable and proper; (a.5) Voluntary payment of such amounts to the victims assistance and law enforcement fund established in section 24-33.5-506, as is deemed appropriate by the executive director of the department; (b) Payment of such amounts for the support of the inmate's dependents as is deemed appropriate by the executive director of the department, taking into account any court orders for such support; and (c) Payment of personal expenses of the inmate as deemed appropriate by the executive director. (6) Any amounts of money that remain in the inmate's account after the deductions made pursuant to this section must be paid to the inmate upon parole or discharge from custody. If an inmate dies prior to discharge from custody and the body goes unclaimed for more than five days, the amount remaining in the inmate's account may be used to defray any costs incurred by the state of Colorado in connection with the burial of the inmate, and any amount remaining after burial costs have been paid or the body has been claimed must be paid to the inmate's estate. (7) Any agreement entered into pursuant to this section shall provide that appropriate security measures for a state correctional facility shall not be jeopardized due to any operations which result from such agreement. (8) Repealed.

C.R.S. § 17-24-123 Clean-up of illegally disposed and abandoned waste tires - services to counties

17-24-123. Clean-up of illegally disposed and abandoned waste tires - services to counties. (1) The general assembly finds that the clean-up, removal, and transportation of illegally dumped, stored, or abandoned waste tires is necessary and that inmate labor is one source of labor that should be used to correct these problems. (2) The division is authorized to: (a) Provide labor using supervised inmate crews to counties or private entities for the clean-up, loading, and any on-site processing of illegally dumped, stored, or abandoned waste tires prior to transporting such waste tires to a county- or state-approved recycling or disposal facility and to pay the personnel and operating costs necessary to do so; (b) Contract with county and city and county sheriffs for the provision of supervised inmate crews to clean up illegally dumped, stored, or abandoned waste tires; (c) Contract with private haulers for the moving of illegally dumped, stored, or abandoned waste tires to a county- or state-approved recycling or disposal facility and shall do so whenever feasible and cost-effective; and (d) Pay any fees necessary for a county- or state-approved recycling or disposal facility to accept illegally dumped, stored, or abandoned waste tires. (3) Any moneys received from contracts entered into pursuant to this section shall be credited to the correctional industries account described in section 17-24-113 (3).

C.R.S. § 17-24-124 Inmate disaster relief program - legislative declaration

17-24-124. Inmate disaster relief program - legislative declaration. (1) The general assembly finds that inmates housed in certain prison facilities throughout the state form a labor pool that could be safely utilized to fight forest fires, help with flood relief, and assist in the prevention of or clean up after other natural or man-made disasters. (2) As used in this section, unless the context otherwise requires, "disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or cause of human origin, but "disaster" does not include any hazardous substance incident, oil spill or other contamination, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, or hostile military or paramilitary action. (3) There is hereby established in the division the inmate disaster relief program, referred to in this section as the "program". The purpose of the program shall be to establish one or more inmate disaster relief crews composed of inmates from minimum restrictive, or minimum security facilities. An inmate shall receive an additional amount of earned time pursuant to section 17-22.5-405 in the amount of one day of earned time for every day spent at the site of a disaster. An inmate disaster relief crew may be utilized by the state or by local or federal governmental agencies that apply to the division for assistance. (4) The executive director shall promulgate rules governing the program including but not limited to: (a) The inmates who are eligible to participate in the program; (b) Types of disasters to which an inmate disaster relief crew may be sent; (c) The security measures that are required to prevent escapes and protect the public; (d) The procedures that must be followed before an inmate disaster relief crew may be utilized; (e) The fees that may be charged by the division for the provision of services by an inmate disaster relief crew; and (f) The compensation that may be paid to inmates participating in the program. (5) The division is authorized to purchase equipment and obtain necessary training for any inmate disaster relief crews. (6) The department is authorized to solicit, accept, and expend grants, donations, gifts, and other moneys to defer the costs of equipping and training one or more inmate disaster relief crews. The program shall not be implemented or made available to other agencies until sufficient moneys are available from appropriations, grants, donations, gifts, and other moneys to cover the costs of equipping and training at least one inmate disaster relief crew. (7) The department shall distribute the informational materials described in section 24-33.5-1226.5 to persons who have experience in wildland fire services pursuant to the program.

C.R.S. § 17-24-125 Correctional industries at nonstate-owned facilities - definitions

17-24-125. Correctional industries at nonstate-owned facilities - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Inmate labor program" means a program operated at a nonstate-owned prison facility as a business or for profit utilizing in whole or in part labor of inmates; except that "inmate labor program" does not include a program that is operated by a local government or combination of local governments of this state as a nonprofit business within the jurisdiction boundaries of the local government or governments and whose operation has been reviewed and approved by the local government or local governments. (b) "Nonstate-owned prison facility" means any private correctional facility or any jail or other detention facility operated by a political subdivision of the state that houses state prisoners or that houses inmates from another state whose incarceration in this state is approved pursuant to section 17-1-104.5; except that "nonstate-owned prison facility" shall not include a jail or other detention facility operated by a political subdivision of the state that only houses state prisoners pursuant to a contract under section 16-11-308.5 (2), C.R.S., or a facility in which a community corrections program is operated pursuant to article 27 of this title. (2) (a) On and after March 1, 1999, all inmate labor programs operated at a nonstate-owned prison facility shall be approved by the division prior to commencing operations. (b) Repealed. (3) (a) On or before February 1, 1999, the division shall promulgate rules governing the approval required by subsection (2) of this section including but not limited to: (I) Establishing a procedure for approving inmate labor programs that shall include review by the correctional industries advisory committee of a business plan for each inmate labor program; (II) Establishing the duration of any approval and procedures for reapproval and revocation of any approval; (III) Requiring all inmate labor programs to comply with all federal laws and regulations relating to the use of inmate labor; (IV) Requiring that all goods or services be priced at prevailing market rates; except that goods or services sold to governmental or nonprofit entities may be priced at wholesale cost; (V) Requiring that persons employed by a nonstate-owned prison facility shall not be involved in decisions involving the inmate labor program relating to persons or entities with whom the person has a conflict or potential conflict of interest; (VI) Requiring that inmates be compensated as determined by rule promulgated by the department; (VII) Requiring that all records pertaining to inmate labor programs shall be available for inspection and copying by representatives of the division to ensure compliance with this section and any rules promulgated thereunder; and (VIII) Requiring nonstate-owned prison facilities to reimburse the division for any expenses incurred in certifying and monitoring the inmate labor programs. (b) The rules promulgated pursuant to this subsection (3) shall be substantially similar to the rules governing programs at facilities operated by the department. (4) (a) Each nonstate-owned prison facility operating an inmate labor program shall hold wages earned by an inmate in a revenue-producing account for the inmate until the inmate is paroled or discharged from custody. Out of the wages held for an inmate pursuant to the provisions of this subsection (4)(a), the nonstate-owned prison facility shall make disbursements pursuant to the provisions of section 17-24-122 (5) and (6). (b) Each nonstate-owned prison facility operating an inmate labor program shall hold and distribute wages earned by an inmate from a state other than Colorado pursuant to the statutes and rules of that state or the contract between that state and the prison facility.

C.R.S. § 17-24-126 Canteen, vending machine, and library account created - receipts - disbursements

17-24-126. Canteen, vending machine, and library account created - receipts - disbursements. (1) There is hereby created in the state treasury a special revolving enterprise account to be known as the canteen, vending machine, and library account. The account shall be used by the division to establish and operate a canteen for the use and benefit of the inmates of state correctional facilities and to operate vending machines for the use of visitors to state correctional facilities. The moneys in the account shall be continuously available to the division and are appropriated for the purposes set forth in subsection (3) of this section. (2) The canteen and vending machines shall be managed by the division, and they shall not be operated in any manner for the personal profit of any employees of the division or any inmates of state correctional facilities. (3) Items in the canteen shall be sold to inmates, and items in vending machines shall be sold to visitors, at prices set so that revenues from the sale are sufficient to fund all expenses of the canteen and vending machines, including the cost of services of employees of the canteen and the cost of servicing the vending machines, and to produce a reasonable profit. All revenues derived from the canteen and vending machines and interest derived from the deposit and investment of moneys in the canteen, vending machine, and library account shall be credited to such account. Any profits arising from the operation of the canteen and vending machines shall be expended for the educational, recreational, and social benefit of the inmates and to supplement direct inmate needs. (4) Part 2 of article 84 of title 8, C.R.S., regarding vending facilities in state buildings, does not apply to vending machines operated in visiting areas of any department facility. (5) Repealed.
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