2019 Colorado Revised Statutes
Title 17 - Corrections


Download as PDF
Colorado Revised Statutes 2019 TITLE 17 CORRECTIONS Editor's note: This title was numbered as articles 17 and 18 of chapter 39, C.R.S. 1963. The substantive provisions of this title were repealed and reenacted in 1977, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1977, consult Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. DEPARTMENT OF CORRECTIONS Organization ARTICLE 1 Department of Corrections Editor's note: For historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. PART 1 CORRECTIONS ADMINISTRATION 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 24-20109, 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, Colorado Revised Statutes 2019 Page 1 of 226 Uncertified Printout 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". Source: L. 77: Entire title R&RE, p. 903, § 10, effective August 1. L. 78: (3) added, p. 354, § 1, effective April 27. L. 79: (3) amended, p. 522, § 26, effective July 1. L. 86: (1) amended, p. 884, § 2, effective May 23. L. 2000: (2) amended, p. 829, § 1, effective May 24. L. 2010: (3)(b) amended, (HB 10-1260), ch. 403, p. 1986, § 73, effective July 1. L. 2011: (3)(b) amended, (HB 11-1303), ch. 264, p. 1155, § 27, effective August 10. L. 2019: (3)(a) and (3)(b) amended, (HB 19-1172), ch. 136, p.1673, § 88, effective October 1. 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.) Colorado Revised Statutes 2019 Page 2 of 226 Uncertified Printout (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. (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 operated by a county, city and county, or private corporation located in this state; except that "private contract prison" does not include any local jail, multijurisdictional jail, or community corrections center. (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 as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder and the department or the state board of parole determines that the person is incapacitated to the extent that he or she is not likely to pose a risk to public safety; (II) Who, as determined by a licensed health care provider who is employed by or under contract with the department, 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 determined by the department or the state board of parole to be incapacitated to the extent that he or she is not likely to pose a risk to public safety; or (III) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 831, § 1, effective May 23, 2011.) (IV) Who, as determined by a licensed health care provider who is employed by or under contract with the department, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, does not have a substantial probability of being restored to competency for the completion of any sentence and is not likely to pose a risk to public safety. 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). (b) Notwithstanding the provisions of paragraph (a) of this subsection (7.5), "special needs offender" does not include a person who: (I) Was convicted of a class 1 felony, unless the offense was committed before July 1, 1990, and the offender has served at least twenty years in a department of corrections facility for the offense; or (II) Was convicted of a class 2 felony crime of violence as described in section 18-1.3406, C.R.S., and the offender has served fewer than ten years in a department of corrections facility for the offense. (III) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 831, § 1, effective May 23, 2011.) (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. Source: L. 77: Entire title R&RE, p. 904, § 10, effective August 1. L. 79: Entire section R&RE, p. 685, § 21, effective July 1. L. 91: (1) amended and (1.3), (1.7), and (5) to (8) added, p. Colorado Revised Statutes 2019 Page 3 of 226 Uncertified Printout 336, § 1, effective May 24. L. 93: (1), (1.3), and (7) amended, p. 404, § 1, effective April 19. L. 94: (3) amended and (9) added, p. 602, § 2, effective July 1. L. 2000: (5), (6), (8), and (9) amended and (6.5) and (7.3) added, p. 829, § 2, effective May 24; (7.5) added, p. 1495, § 1, effective July 1, 2001. L. 2002: (7.5)(b)(II) and (7.5)(b)(III) amended, p. 1499, § 156, effective October 1. L. 2003: (7.5)(a) amended, p. 1910, § 1, effective August 6. L. 2006: (7.5)(a)(I) amended, p. 1398, § 44, effective August 7. L. 2011: (7.5) amended, (SB 11-241), ch. 200, p. 831, § 1, effective May 23. L. 2014: (8.5) added, (HB 14-1044), ch. 199, p. 727, § 1, effective May 15. L. 2017: IP, (7.5)(a)(I), and (7.5)(a)(II) amended, (SB 17-242), ch. 263, p. 1301, § 128, effective May 25. L. 2018: (7.5)(a)(I) and (7.5)(a)(II) amended and (7.5)(a)(IV) added, (HB 181109), ch. 139, p. 912, § 1, effective April 23. L. 2019: (7.5)(a)(IV) amended, (SB 19-223), ch. 227, p. 2292, § 18, effective July 1. Cross references: For the legislative declaration contained in the 2002 act amending subsections (7.5)(b)(II) and (7.5)(b)(III), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-1-103. Duties of the executive director. (1) The duties of the executive director shall be: (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 the extent practical, to develop within the correctional institutions industries that develop work skills for inmates and that also will serve the purpose of supplying necessary products for state institutions and other public purposes as provided 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 Colorado Revised Statutes 2019 Page 4 of 226 Uncertified Printout 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, as provided in section 19-2-518 (1)(e), C.R.S.; (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. (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 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., the executive director shall ensure that the inmate has the opportunity to participate in treatment, programs, Colorado Revised Statutes 2019 Page 5 of 226 Uncertified Printout and services that is equal to the opportunities granted to other inmates who will be eligible for parole or discharge. Source: L. 77: Entire title R&RE, p. 904, § 10, effective August 1. L. 83: (1)(g) and (1)(h) amended, p. 832, § 30, effective July 1. L. 88: (1)(a) amended, p. 696, § 1, effective July 1. L. 89, 1st Ex. Sess.: (1)(i) added, p. 77, § 3, effective July 1. L. 90: (1)(j) added, p. 941, § 5, effective June 7; (1)(a) amended, p. 976, § 2, effective July 1. L. 91: (1)(k) added, p. 441, § 4, effective May 29. L. 92: (1)(l) added, p. 461, § 4, effective June 2. L. 94: (2) added, p. 563, § 3, effective April 6; (3) added, p. 772, § 1, effective April 20; (1)(m) added, p. 1097, § 8, effective May 9; (1)(i) repealed, p. 1362, § 5, effective July 1. L. 95: (3)(a) and (3)(e) amended, p. 879, § 16, effective May 24. L. 96: (1)(n) added, p. 1683, § 10, effective January 1, 1997. L. 98: (1)(g) amended, p. 726, § 7, effective May 18. L. 99: (1)(o) added, p. 424, § 2, effective April 30. L. 2000: (1)(a) to (1)(d), (1)(f), (1)(g), (1)(h), (1)(j), and (3)(e) amended and (1)(a.5) and (1)(p) added, p. 830, § 3, effective May 24. L. 2001: (1)(g) repealed, p. 1176, § 3, effective August 8. L. 2006: (4) added, p. 1055, § 8, effective May 25. L. 2009: (1)(p) amended, (SB 09-292), ch. 369, p. 1948, § 31, effective August 5. L. 2010: (3)(a)(III) amended, (HB 10-1260), ch. 403, p. 1986, § 74, effective July 1. L. 2013: (1)(q) added, (SB 13-210), ch. 261, p. 1378, § 2, effective August 7. L. 2014: (3)(a)(III) amended, (HB 14-1227), ch. 363, p. 1737, § 43, effective July 1. L. 2019: (3)(a)(III) amended, (HB 19-1172), ch. 136, p. 1674, § 89, effective October 1. Cross references: For the legislative declaration contained in the 2006 act enacting subsection (4), see section 1 of chapter 228, Session Laws of Colorado 2006. 17-1-103.5. (Repealed) Literacy corrections program - legislative declaration - repeal. Source: L. 88: Entire section added, p. 696, § 2, effective July 1. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 1991. (See L. 88, p. 696.) Cross references: For current provisions concerning the correctional education program, see article 32 of this title. 17-1-103.7. Duties of executive director - emergency response time - legislative declaration. (Repealed) Source: L. 89: Entire section added, p. 870, § 1, effective June 10. L. 94: Entire section amended, p. 602, § 3, effective July 1. L. 2000: Entire section repealed, p. 831, § 4, effective May 24. 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 Colorado Revised Statutes 2019 Page 6 of 226 Uncertified Printout the executive director and shall have the powers of a peace officer, as described in sections 162.5-101 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 his or her direction shall 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. (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.) Source: L. 99: Entire section added, p. 422, § 1, effective April 30. L. 2003: (1) and (5)(a) amended, p. 1625, § 49, effective August 6. L. 2008: Entire section amended, p. 464, § 1, effective April 14. 17-1-104. Facilities managed, supervised, and controlled. (Repealed) Source: L. 77: Entire title R&RE, p. 905, § 10, effective August 1. L. 79: Entire section R&RE, p. 685, § 22, effective July 1. L. 2000: Entire section repealed, p. 831, § 5, effective May 24. Colorado Revised Statutes 2019 Page 7 of 226 Uncertified Printout 17-1-104.3. Correctional facilities - locations - security level - report - repeal. (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 penitentiary Centennial correctional facility Limon correctional facility Arkansas Valley correctional facility Buena Vista correctional complex Colorado Territorial correctional facility Fremont correctional facility Arrowhead Fremont county Level V Colorado Revised Statutes 2019 Fremont county Level V Lincoln county Level IV Crowley county Level III Chaffee county Level III Fremont county Level III Fremont county Level III Fremont county Page 8 of 226 Level II Uncertified Printout 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 (b.5) Notwithstanding the provisions of paragraph (b) of this subsection (1), beginning February 1, 2013, the Centennial south campus of the Centennial correctional facility shall not be operated by the department for the purpose of housing inmates in the housing units but, if necessary, may be maintained to provide support and other services to the Centennial correctional facility. The department shall actively pursue options to sell or lease the Centennial south campus of the Centennial correctional facility, which is also known as Colorado state penitentiary II or CSP II. Any proceeds received as a result of a sale or lease of Centennial south campus of the Centennial correctional facility shall be first applied to the payment of the certificates of participation. (b.7) (I) Notwithstanding subsection (1)(b.5) of this section, the Centennial south campus of the Centennial correctional facility may be used to house inmates on a limited basis when the state male prison vacant bed rate, excluding RTP treatment beds, remains below one percent vacancy for two consecutive months and the department has exhausted all options pursuant to section 17-1-119.7. The department shall not house more than one hundred twentysix inmates at one time in the Centennial south campus. Once the state male prison vacant bed rate surpasses one percent vacancy, including calculating the inmates housed in the Centennial south campus, the department shall transfer inmates housed in the Centennial south campus to an appropriate facility under the department's control within thirty calendar days. Colorado Revised Statutes 2019 Page 9 of 226 Uncertified Printout (II) The department shall report the use of the Centennial south campus of the Centennial correctional facility to the joint budget committee and the judiciary committees of the senate and the house of representatives, or any successor committees, within five calendar days after the use of the Centennial south campus. For each month that the Centennial south campus of the Centennial correctional facility is used, the department shall report on the first day of every month the continued nature of the use of the Centennial south campus at the Centennial correctional facility, the steps taken by the department to address the vacancy issue, and the expected time frame for the vacancy issue to end. (III) The department shall consider input from any legislative interim committee that meets during the 2019 interim regarding prison population management, specifically including: (A) Strategies to safely reduce the prison population and reduce recidivism; and (B) Prison use analysis including the Centennial south campus at the Centennial correctional facility, private prisons, and alternative bed programs. (IV) This subsection (1)(b.7) is repealed, effective September 1, 2020. (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. Source: L. 93: Entire section added, p. 1976, § 2, effective July 1. L. 95: Entire section amended, p. 873, § 7, effective May 24; (3)(a) amended, p. 1273, § 6, effective June 5. L. 97: (1) amended, p. 1586, § 2, effective June 4. L. 98: (4) amended, p. 727, § 8, effective May 18. L. 2000: (1), (3), and (4) amended and (5) added, p. 831, § 6, effective May 24. L. 2001: IP(1)(b) amended, p. 1271, § 21, effective June 5; (4) repealed, p. 1176, § 4, effective August 8. L. 2004: (1)(b) amended, p. 244, § 5, effective April 5; (1)(b) amended, p. 192, § 5, effective August 4. L. 2005: (1)(b) amended and (1)(c) added, p. 229, § 1, effective August 8. L. 2009: (1)(b) amended, (SB 09-034), ch. 55, p. 195, § 1, effective August 5. L. 2011: (1)(b) amended, (SB 11214), ch. 147, p. 511, § 2, effective March 1, 2012. L. 2012: (1)(b.5) added, (HB 12-1337), ch. 144, p. 522, § 1, effective August 8. L. 2017: (5) amended, (SB 17-031), ch. 92, p. 280, § 1, Colorado Revised Statutes 2019 Page 10 of 226 Uncertified Printout effective August 9. L. 2018: (1)(b) amended, (HB 18-1375), ch. 274, p. 1699, § 17, effective May 29. L. 2019: (1)(b.7) added, (SB 19-259), ch. 289, p. 2670, § 1, effective August 2. Editor's note: Amendments to subsection (1)(b) by Senate Bill 04-123 and Senate Bill 04-067 were harmonized. 17-1-104.4. Future correctional facility needs. (Repealed) Source: L. 94: Entire section added, p. 1091, § 1, effective May 9; (3)(b) amended, p. 2615, § 24, effective July 1. L. 95: (2)(b) and (3) amended and (4), (5), (6), and (7) added, pp. 1277, 1274, §§ 15, 8, effective June 5; (3)(b) amended, p. 638, § 25, effective July 1. L. 96: (2)(a)(I) amended, p. 1150, § 14, effective July 1. L. 97: (3)(b) amended and (8) to (10) added, p. 1584, § 1, effective June 4. L. 2000: Entire section repealed, p. 834, § 7, effective May 24. 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. Source: L. 88: Entire section added, p. 711, § 13, effective July 1. L. 96: Entire section amended, p. 1147, § 3, effective July 1. L. 98: Entire section amended, p. 1237, § 2, effective August 5. 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 Colorado Revised Statutes 2019 Page 11 of 226 Uncertified Printout 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. Source: L. 96: Entire section added, p. 1147, § 4, effective July 1. 17-1-104.7. Management plan for housing of juveniles - report. (Repealed) Source: L. 96: Entire section added, p. 1681, § 5, effective January 1, 1997. L. 2000: Entire section repealed, p. 834, § 7, effective May 24. 17-1-104.8. Legislative review of facilities program plans for correctional facilities. (Repealed) Source: L. 94: Entire section added, p. 1091, § 1, effective May 9. L. 95: Entire section amended, p. 1273, § 7, effective June 5. L. 96: Entire section amended, p. 1147, § 5, effective July 1. L. 2015: Entire section repealed, (SB 15-270), ch. 296, p. 1215, § 12, effective June 5. 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. Colorado Revised Statutes 2019 Page 12 of 226 Uncertified Printout Source: L. 2000: Entire section added, p. 834, § 8, effective May 24. L. 2006: Entire section amended, p. 658, § 1, effective August 7. 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. Colorado Revised Statutes 2019 Page 13 of 226 Uncertified Printout (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. (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. Source: L. 77: Entire title R&RE, p. 905, § 10, effective August 1. L. 79: (1)(a) and (1)(c) amended and (1)(b) repealed, pp. 685, 705, §§ 23, 88, effective July 1. L. 85: (1)(c) amended, p. 1360, § 12, effective June 28. L. 86: (1)(d) added, p. 751, § 1, effective April 24. L. 88: (2) added, p. 699, § 1, effective May 17; (1)(e) added, p. 677, § 2, effective July 1; (1)(e) and (1)(f) added, p. 710, § 8, effective July 1. L. 93: (1)(c) amended, p. 53, § 16, effective July 1. L. 94: (1.5) added, p. 563, § 4, effective April 6. L. 95: (3) added, p. 1271, § 3, effective June 5. L. Colorado Revised Statutes 2019 Page 14 of 226 Uncertified Printout 96: (1)(f) amended, p. 1149, § 6, effective July 1. L. 97: (1)(g) to (1)(i) added, p. 27, § 2, effective March 20. L. 2000: (1)(a), (1)(c), and (1)(g) amended, p. 834, § 9, effective May 24. Editor's note: This section is similar to former § 27-1-105 as it existed prior to 1977. 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. Source: L. 98: Entire section added, p. 1236, § 1, effective August 5. L. 2000: (1) repealed, p. 835, § 10, effective May 24. 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. Source: L. 96: Entire section added, p. 1149, § 7, effective July 1. L. 2008: Entire section amended, p. 375, § 1, effective April 10. Editor's note: Subsection (2)(d) provided for the repeal of subsection (2), effective June 30, 2009. (See L. 2008, p. 375.) 17-1-106. Transfer of functions. (Repealed) Source: L. 77: Entire title R&RE, p. 905, § 10, effective August 1. L. 2000: Entire section repealed, p. 835, § 11, effective May 24. 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. Colorado Revised Statutes 2019 Page 15 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. 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. Source: L. 2005: Entire section added, p. 726, § 1, effective June 1. 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.) Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 79: (1) amended, p. 686, § 24, effective July 1. L. 89: (2) amended, p. 828, § 38, effective July 1. L. 94: Entire section amended, p. 603, § 4, effective July 1; (1) amended, p. 1650, § 94, effective May 31. Cross references: For transfer of inmates with behavioral or mental health disorders or intellectual and developmental disabilities, see article 23 of this title. 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 Colorado Revised Statutes 2019 Page 16 of 226 Uncertified Printout 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. Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 79: Entire section amended, p. 686, § 25, effective July 1. L. 89: Entire section amended, p. 872, § 1, effective June 5. L. 97: (2) amended, p. 29, § 7, effective March 20. L. 2000: (1) and (2)(a) amended, p. 835, § 12, effective May 24. L. 2011: (2) amended, (SB 11-176), ch. 289, p. 1342, § 2, effective July 1. 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. Source: L. 2004: Entire section added, p. 230, § 1, effective April 1. 17-1-110. Joint review committee on corrections. (Repealed) Source: L. 78: Entire section added, p. 124, § 2, effective April 18. Editor's note: When this section was enacted in 1978, the general assembly provided for the repeal of this section upon occupancy of the maximum security facility. Because the facility has been occupied since December 24, 1980, the repeal date for this section is also December 24, 1980. Colorado Revised Statutes 2019 Page 17 of 226 Uncertified Printout 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. Source: L. 83: Entire section added, p. 687, § 1, effective May 20. L. 90: Entire section amended, p. 954, § 22, effective June 7. L. 2000: Entire section amended, p. 836, § 13, effective May 24. L. 2004: Entire section amended, p. 1197, § 49, effective August 4. 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 Colorado Revised Statutes 2019 Page 18 of 226 Uncertified Printout 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). Source: L. 85: Entire section added, p. 1339, § 1, effective July 1. L. 88: Entire section amended, p. 710, § 9, effective July 1. L. 89: (1.5) added, p. 879, § 1, effective June 5. L. 89, 1st Ex. Sess.: (1) amended, p. 20, § 4, effective July 1. L. 91: (1) and (1.5) amended, p. 337, § 2, effective July 1, 1992. L. 93: (1) and (1.5) amended and (1.7) added, p. 405, § 2, effective April 19. L. 95: (2) amended, p. 880, § 17, effective May 24. L. 2000: (1), (1.5), and (1.7) amended, p. 836, § 14, effective May 24. L. 2018: (1) amended and (4) added, (HB 18-1132), ch. 163, p. 1129, § 1, effective April 25. L. 2019: (4) amended, (HB 19-1224), ch. 131, p. 588, § 2, effective April 25. Cross references: For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019. 17-1-112.5. Annual audit by state auditor. (Repealed) Source: L. 91: Entire section added, p. 338, § 3, effective May 24. L. 93: Entire section repealed, p. 406, § 3, effective April 19. 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. Colorado Revised Statutes 2019 Page 19 of 226 Uncertified Printout (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 inmateinitiated 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 inmateinitiated 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. Source: L. 87: Entire section added, p. 649, § 1, effective July 1. L. 89: Entire section amended, p. 880, § 1, effective July 1. L. 98: Entire section amended, p. 202, § 1, effective April 10. L. 2000: (6) repealed, p. 836, § 15, effective May 24; (6) repealed, p. 1545, § 2, effective August 2. L. 2008: Entire section amended, p. 294, § 1, effective August 5. L. 2016: (2) amended, (SB 16-158), ch. 204, p. 727, § 15, effective August 10. Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016. 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), Colorado Revised Statutes 2019 Page 20 of 226 Uncertified Printout 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. Source: L. 92: Entire section added, p. 1149, § 4, effective July 1. L. 2000: Entire section amended, p. 837, § 16, effective May 24. L. 2003: Entire section amended, p. 704, § 24, effective July 1; entire section amended, p. 957, § 17, effective July 1. Editor's note: Amendments to this section by Senate Bill 03-002 and Senate Bill 03-119 were harmonized. 17-1-113.3. Telemedicine - study - report - repeal. (Repealed) Source: L. 2006: Entire section added, p. 1553, § 1, effective August 7. Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, p. 1553.) 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. (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. Colorado Revised Statutes 2019 Page 21 of 226 Uncertified Printout (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.) Source: L. 2002: Entire section added, p. 805, § 1, effective July 1. L. 2003: (1)(a) and (4)(c) amended, p. 415, § 4, effective March 5. L. 2005: (1)(a) and (4)(c) amended, p. 4, § 7, effective January 1; (5) amended, p. 250, § 3, effective July 1. L. 2006: (1)(a), (4)(a), and (4)(c) amended, p. 2004, § 57, effective July 1. L. 2007: (2), (3), (4)(b), (4)(c), and (5) amended, p. 1991, § 1, effective June 1. L. 2018: (4)(b) and (4)(c) amended, (SB 18-092), ch. 38, p. 404, § 22, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 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. Source: L. 2019: Entire section added, (HB 19-1224), ch. 131, p. 588, § 3, effective April 25. Cross references: For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019. 17-1-113.7. Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons. (1) The staff of a correctional facility or private contract prison, when restraining a female inmate, shall use the least restrictive Colorado Revised Statutes 2019 Page 22 of 226 Uncertified Printout restraints necessary to ensure safety if the staff of the correctional facility or private contract prison have actual knowledge or a reasonable belief that the inmate is pregnant. The requirement that staff use the least restrictive restraints necessary to ensure safety shall continue during postpartum recovery and transport to or from a correctional facility and private contract prison. (2) (a) (I) Staff of a correctional facility, private contract prison, or medical facility shall not use restraints of any kind on a pregnant inmate during labor and delivery of the child; except that staff may use restraints if: (A) The medical staff determine that restraints are medically necessary for safe childbirth; (B) The prison staff or medical staff determine that the inmate presents an immediate and serious risk of harm to herself, to other patients, or to medical staff; or (C) The warden or his or her designee determines that the inmate poses a substantial risk of escape that cannot reasonably be reduced by the use of other existing means. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, under no circumstances shall staff use leg shackles or waist restraints on an inmate during labor and delivery of the child, postpartum recovery while in a medical facility, or transport to or from a medical facility for childbirth. (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. (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. Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1463, § 1, effective January 1, 2011. 17-1-113.8. Persons with serious behavioral or mental health disorders - long-term isolated confinement - work group - medication-assisted treatment. (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. Colorado Revised Statutes 2019 Page 23 of 226 Uncertified Printout (2) (a) There is hereby established within the department a serious mental illness in longterm 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. Source: L. 2014: Entire section added, (SB 14-064), ch. 349, p. 1567, § 1, effective June 6. L. 2017: (1) and (2)(b)(I) amended, (SB 17-242), ch. 263, p. 1302, § 129, effective May 25. L. 2019: (3) added, (SB 19-008), ch. 275, p. 2594, § 2, effective August 2. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 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 Colorado Revised Statutes 2019 Page 24 of 226 Uncertified Printout 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 offenders with mental 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. (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. Source: L. 2011: Entire section added, (SB 11-176), ch. 289, p. 1342, § 1, effective July 1. L. 2017: (1) amended, (SB 17-031), ch. 92, p. 280, § 2, effective August 9. L. 2018: (1) amended, (SB 18-091), ch. 35, p. 385, § 15, effective August 8. Cross references: For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 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. Source: L. 90: Entire section added, p. 944, § 13, effective June 7. 17-1-115. Investigators employed by the department - notification to local law enforcement agencies. (Repealed) Source: L. 92: Entire section added, p. 432, § 2, effective April 23. L. 99: Entire section repealed, p. 424, § 3, effective April 30. 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. Colorado Revised Statutes 2019 Page 25 of 226 Uncertified Printout (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. 103159), 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. Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 262, § 6, effective August 7. 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 Colorado Revised Statutes 2019 Page 26 of 226 Uncertified Printout 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-tounderstand 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. Source: L. 2007: Entire section added, p. 1545, § 1, effective May 31. L. 2008: (1)(b) amended, p. 466, § 2, effective April 14; (3) amended, p. 1885, § 26, effective August 5. L. 2016: (1)(f) amended, (SB 16-146), ch. 230, p. 915, § 7, effective July 1. 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 Colorado Revised Statutes 2019 Page 27 of 226 Uncertified Printout 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. Source: L. 2013: Entire section added, (SB 13-216), ch. 171, p. 618, § 2, effective May 10. L. 2017: (2) amended, (SB 17-031), ch. 92, p. 281, § 3, effective August 9. 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 employees, 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) Corrections officers who work twelve or more hours in one twenty-four hour period shall be paid the amount of one and one-half times their regular rate of pay for the time they worked that exceeded eight and one-half hours; (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. Source: L. 2013: Entire section added (SB 13-210), ch. 261, p. 1377, § 1, effective August 7. L. 2017: IP(1) amended, (SB 17-031), ch. 92, p. 281, § 4, effective August 9. Colorado Revised Statutes 2019 Page 28 of 226 Uncertified Printout 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-toserve 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. Source: L. 2018: Entire section added, (HB 18-1040), ch. 199, p. 1295, § 1, effective August 8. 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. Source: L. 93, 1st Ex. Sess.: Entire section added, p. 8, § 10, effective September 13. 17-1-117. Appropriation to comply with section 2-2-703 - HB 94-1052. (Repealed) Colorado Revised Statutes 2019 Page 29 of 226 Uncertified Printout Source: L. 94: Entire section added, p. 1345, § 2, effective July 1. L. 2000: Entire section repealed, p. 837, § 17, effective May 24. 17-1-118. Appropriation to comply with section 2-2-703 - HB 96-1361. (Repealed) Source: L. 96: Entire section added, p. 1335, § 2, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 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. Source: L. 97: Entire section added, p. 1587, § 3, effective June 4. 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. Source: L. 2005: Entire section added, p. 951, § 1, effective June 2. Colorado Revised Statutes 2019 Page 30 of 226 Uncertified Printout 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. Colorado Revised Statutes 2019 Page 31 of 226 Uncertified Printout (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. Source: L. 2018: Entire section added, (HB 18-1410), ch. 394, p. 2352, § 1, effective June 6. L. 2019: (1), IP(2)(a), (2)(a)(II), and (2)(a)(III) amended and (2)(a)(IV) added, (SB 19143), ch. 286, p. 2655, § 1, effective May 28. 17-1-120. Appropriation to comply with section 2-2-703 - HB 97-1077 and HB 971060. (Repealed) Source: L. 97: Entire section added, p. 1549, § 26, effective July 1; entire section added, p. 992, § 5, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-121. Appropriation to comply with section 2-2-703 - HB 97-1186. (Repealed) Source: L. 97: Entire section added, p. 1592, § 2, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-122. Appropriation to comply with section 2-2-703 - HB 98-1160. (Repealed) Source: L. 98: Entire section added, p. 1448, § 42, effective July 1. L. 2002: (1)(c)(I) repealed, p. 675, § 2, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-123. Appropriation to comply with section 2-2-703 - HB 98-1156. (Repealed) Source: L. 98: Entire section added, p. 1294, § 16, effective November 1. L. 2002: (1)(e) repealed, p. 675, § 3, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-124. Appropriation to comply with section 2-2-703 - SB 98-021. (Repealed) Source: L. 98: Entire section added, p. 1265, § 3, effective July 1. L. 2002: (1)(d)(I) repealed, p. 675, § 4, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-125. Appropriation to comply with section 2-2-703 - HB 99-1068. (Repealed) Source: L. 99: Entire section added, p. 661, § 3, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. Colorado Revised Statutes 2019 Page 32 of 226 Uncertified Printout 17-1-126. Appropriation to comply with section 2-2-703 - HB 00-1247. (Repealed) Source: L. 2000: Entire section added, p. 643, § 2, effective July 1. L. 2002: (1)(c)(I) repealed, p. 676, § 5, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-127. Appropriation to comply with section 2-2-703 - HB 00-1158. (Repealed) Source: L. 2000: Entire section added, p. 1014, § 8, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-128. Appropriation to comply with section 2-2-703 - HB 00-1111. (Repealed) Source: L. 2000: Entire section added, p. 648, § 6, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-129. Appropriation to comply with section 2-2-703 - HB 00-1214. (Repealed) Source: L. 2000: Entire section added, p. 638, § 2, effective July 1. L. 2002: (1)(c)(I) repealed, p. 676, § 6, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-130. Appropriation to comply with section 2-2-703 - HB 00-1201. (Repealed) Source: L. 2000: Entire section added, p. 635, § 7, effective July 1. L. 2002: (1)(c)(I) repealed, p. 676, § 7, effective May 28. L. 2004: (1)(e)(I) repealed, p. 686, § 2, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-131. Appropriation to comply with section 2-2-703 - HB 00-1317. (Repealed) Source: L. 2000: Entire section added, p. 928, § 23, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-132. Appropriation to comply with section 2-2-703 - HB 00-1107. (Repealed) Source: L. 2000: Entire section added, p. 712, § 50, effective July 1. L. 2002: (1)(c)(I) repealed, p. 677, § 8, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-133. Appropriation to comply with section 2-2-703 - HB 01-1205. (Repealed) Source: L. 2001: Entire section added, p. 527, § 3, effective May 22. L. 2002: (1)(a) repealed, p. 677, § 9, effective May 28. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. Colorado Revised Statutes 2019 Page 33 of 226 Uncertified Printout 17-1-134. Appropriation to comply with section 2-2-703 - SB 01-046. (Repealed) Source: L. 2001: Entire section added, p. 606, § 5, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-135. Appropriation to comply with section 2-2-703 - HB 01-1204. (Repealed) Source: L. 2001: Entire section added, p. 1010, § 3, effective July 1. L. 2003: (1)(a) repealed, p. 1470, § 3, effective May 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-136. Appropriation to comply with section 2-2-703 - SB 01-210. (Repealed) Source: L. 2001: Entire section added, p. 568, § 6, effective May 29. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-137. Appropriation to comply with section 2-2-703 - HB 01-1242. (Repealed) Source: L. 2001: Entire section added, p. 860, § 10, effective July 1. L. 2002: (1)(b)(I) repealed, p. 677, § 10, effective May 28. L. 2003: (1)(c)(I) repealed, p. 1470, § 4, effective May 1. L. 2004: (1)(d)(I) repealed, p. 686, § 3, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-138. Appropriation to comply with section 2-2-703 - HB 01-1344. (Repealed) Source: L. 2001: Entire section added, p. 1058, § 2, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-139. Appropriation to comply with section 2-2-703 - HB 02-1301. (Repealed) Source: L. 2002: Entire section added, p. 811, § 3, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-140. Appropriation to comply with section 2-2-703 - HB 02-1283. (Repealed) Source: L. 2002: Entire section added, p. 1196, § 3, effective June 3. L. 2003: (1)(a) repealed, p. 327, § 3, effective March 5. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-141. Appropriation to comply with section 2-2-703 - HB 02-1396. (Repealed) Source: L. 2002: Entire section added, p. 1128, § 3, effective June 3. L. 2003: (1)(a) repealed, p. 327, § 4, effective March 5. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. Colorado Revised Statutes 2019 Page 34 of 226 Uncertified Printout 17-1-142. Appropriation to comply with section 2-2-703 - SB 02-050. (Repealed) Source: L. 2002: Entire section added, p. 1265, § 2, effective August 7. L. 2003: (1)(a) repealed, p. 328, § 5, effective March 5; (1)(b)(I) repealed, p. 1470, § 5, effective May 1. L. 2004: (1)(c)(I) and (1)(d)(I) repealed, p. 686, § 4, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-143. Appropriation to comply with section 2-2-703 - HB 02-1038. (Repealed) Source: L. 2002: Entire section added, p. 1270, § 2, effective July 1. L. 2003: (1)(a) repealed, p. 328, § 6, effective March 5; (1)(b)(I) repealed, p. 1471, § 6, effective May 1. L. 2004: (1)(c)(I) repealed, p. 687, § 5, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-144. Appropriation to comply with section 2-2-703 - HB 02S-1006. (Repealed) Source: L. 2002, 3rd Ex. Sess.: Entire section added, p. 40, § 9, effective July 17. L. 2003: (1)(a) repealed, p. 328, § 7, effective March 5. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-145. Appropriation to comply with section 2-2-703 - HB 02S-1006. (Repealed) Source: L. 2002, 3rd Ex. Sess.: Entire section added, p. 41, § 11, effective July 17. L. 2004: (1)(a) repealed, p. 687, § 6, effective July 1. L. 2008: Entire section repealed, p. 1885, § 27, effective August 5. 17-1-146. Appropriation to comply with section 2-2-703 - HB 03-1004 - repeal. (Repealed) Source: L. 2003: Entire section added, p. 2383, § 3, effective July 1. L. 2008: (2) added, p. 1885, § 28, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2008. (See L. 2008, p. 1885.) 17-1-147. Appropriation to comply with section 2-2-703 - HB 03-1138 - repeal. (Repealed) Source: L. 2003: Entire section added, p. 2164, § 6, effective July 1. L. 2004: (1)(a) repealed, p. 687, § 7, effective July 1. L. 2008: (2) added, p. 1885, § 29, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2008. (See L. 2008, p. 1885.) Colorado Revised Statutes 2019 Page 35 of 226 Uncertified Printout 17-1-148. Appropriation to comply with section 2-2-703 - HB 03-1213 - repeal. (Repealed) Source: L. 2003: Entire section added, p. 1883, § 2, effective July 1. L. 2008: (2) added, p. 1885, § 30, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2008. (See L. 2008, p. 1885.) 17-1-149. Appropriation to comply with section 2-2-703 - HB 03-1317 - repeal. (Repealed) Source: L. 2003: Entire section added, p. 2388, § 5, effective July 1, 2004. L. 2004: (1)(a) and (1)(b)(I) repealed, p. 688, § 8, effective July 1. L. 2008: (2) added, p. 1885, § 31, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2008. (See L. 2008, p. 1885.) 17-1-150. Appropriation to comply with section 2-2-703 - HB 04-1016 - repeal. (Repealed) Source: L. 2004: Entire section added, p. 800, § 2, effective May 21. L. 2008: (2) added, p. 1886, § 32, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2009. (See L. 2008, p. 1886.) 17-1-151. Appropriation to comply with section 2-2-703 - HB 04-1003 - repeal. (Repealed) Source: L. 2004: Entire section added, p. 1082, § 6, effective July 1. L. 2008: (2) added, p. 1886, § 33, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2009. (See L. 2008, p. 1886.) 17-1-152. Appropriation to comply with section 2-2-703 - HB 04-1021 - repeal. (Repealed) Source: L. 2004: Entire section added, p. 789, § 14, effective July 1. L. 2008: (2) added, p. 1886, § 34, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2009. (See L. 2008, p. 1886.) Colorado Revised Statutes 2019 Page 36 of 226 Uncertified Printout 17-1-153. (Repealed) Appropriation to comply with section 2-2-703 - SB 06-207 - repeal. Source: L. 2006: Entire section added, p. 1308, § 3, effective May 30. L. 2008: (2) added, p. 1886, § 35, effective August 5. L. 2010: (1)(d)(I) repealed, (HB 10-1389), ch. 206, p. 895, § 2, effective May 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1886.) 17-1-154. Appropriation to comply with section 2-2-703 - HB 06-1151 - repeal. (Repealed) Source: L. 2006: Entire section added, p. 2048, § 2, effective July 1. L. 2008: (2) added, p. 1886, § 36, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1886.) 17-1-155. Appropriation to comply with section 2-2-703 - HB 06-1011 - repeal. (Repealed) Source: L. 2006: Entire section added, p. 2059, § 10, effective July 1. L. 2008: (2) added, p. 1886, § 37, effective August 5. L. 2010: (1)(d)(I) repealed, (HB 10-1389), ch. 206, p. 895, § 3, effective May 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1886.) 17-1-156. Appropriation to comply with section 2-2-703 - HB 06-1145 - repeal. (Repealed) Source: L. 2006: Entire section added, p. 1706, § 5, effective July 1. L. 2008: (2) added, p. 1886, § 38, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1886.) 17-1-157. Appropriation to comply with section 2-2-703 - HB 06-1326 - repeal. (Repealed) Source: L. 2006: Entire section added, p. 1324, § 11, effective July 1. L. 2008: (2) added, p. 1886, § 39, effective August 5. Colorado Revised Statutes 2019 Page 37 of 226 Uncertified Printout Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1886.) 17-1-158. (Repealed) Appropriation to comply with section 2-2-703 - SB 06-206 - repeal. Source: L. 2006: Entire section added, p. 1302, § 2, effective May 30. L. 2008: (2) added, p. 1887, § 40, effective August 5. L. 2010: (1)(d)(I) repealed, (HB 10-1389), ch. 206, p. 896, § 4, effective May 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1887.) 17-1-159. Appropriation to comply with section 2-2-703 - HB 06-1092 - repeal. (Repealed) Source: L. 2006: Entire section added, p. 2044, § 6, effective July 1. L. 2008: (2) added, p. 1887, § 41, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1887.) 17-1-160. Appropriation to comply with section 2-2-703 - SB 06S-004 - repeal. (Repealed) Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 11, § 2, effective July 31. L. 2008: (2) added, p. 1887, § 42, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1887.) 17-1-161. Appropriation to comply with section 2-2-703 - SB 06S-005 - repeal. (Repealed) Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 15, § 2, effective July 31. L. 2008: (2) added, p. 1887, § 43, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1887.) 17-1-162. Appropriation to comply with section 2-2-703 - SB 06S-007 - repeal. (Repealed) Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 19, § 2, effective July 31. L. 2008: (2) added, p. 1887, § 44, effective August 5. Colorado Revised Statutes 2019 Page 38 of 226 Uncertified Printout Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2011. (See L. 2008, p. 1887.) 17-1-163. Appropriation to comply with section 2-2-703 - HB 07-1040 - repeal. (Repealed) Source: L. 2007: Entire section added, p. 1773, § 3, effective June 1. L. 2008: (2) added, p. 1887, § 45, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2012. (See L. 2008, p. 1887.) 17-1-164. (Repealed) Appropriation to comply with section 2-2-703 - SB 07-096 - repeal. Source: L. 2007: Entire section added, p. 2006, § 3, effective July 1. L. 2008: (2) added, p. 1887, § 46, effective August 5. L. 2010: (1)(c)(I) repealed, (HB 10-1389), ch. 206, p. 896, § 5, effective May 5. Editor's note: Subsection (2) provided for the repeal this section, effective July 1, 2012. (See L. 2008, p. 1887.) 17-1-165. Appropriation to comply with section 2-2-703 - HB 07-1326 - repeal. (Repealed) Source: L. 2007: Entire section added, p. 1682, § 5, effective July 1. L. 2008: (2) added, p. 1887, § 47, effective August 5. L. 2010: (1)(c)(I) repealed, (HB 10-1389), ch. 206, p. 896, § 6, effective May 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2012. (See L. 2008, p. 1887.) PART 2 CORRECTIONS PRIVATIZATION - REQUESTS FOR PROPOSALS PROCESS 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. Colorado Revised Statutes 2019 Page 39 of 226 Uncertified Printout Source: L. 95: Entire part added, p. 1267, § 1, effective June 5. L. 2000: Entire section amended, p. 837, § 18, effective May 24. L. 2004: (1) amended, p. 127, § 1, effective August 4. L. 2017: (2) amended, (SB 17-031), ch. 92, p. 281, § 5, effective August 9. 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 Colorado Revised Statutes 2019 Page 40 of 226 Uncertified Printout 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. Source: L. 95: Entire part added, p. 1268, § 1, effective June 5. L. 2000: IP(1), (1)(d), and (1)(g) amended, p. 837, § 19, effective May 24. L. 2004: (1)(a)(I) amended and (1.5) added, p. 231, § 2, effective April 1; (1)(g) amended, p. 753, § 1, effective May 12; IP(1) and IP(1)(a) amended, p. 127, § 2, effective August 4. L. 2006: IP(1) amended, p. 1059, § 1, effective May 25. 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. Colorado Revised Statutes 2019 Page 41 of 226 Uncertified Printout Source: L. 2004: Entire section added, p. 127, § 3, effective August 4. L. 2006: (1) amended, p. 1059, § 2, effective May 25. 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. Source: L. 95: Entire part added, p. 1269, § 1, effective June 5. L. 2000: (1)(a) amended, p. 838, § 20, effective May 24. 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. Source: L. 95: Entire part added, p. 1270, § 1, effective June 5. 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 Colorado Revised Statutes 2019 Page 42 of 226 Uncertified Printout 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. Source: L. 95: Entire part added, p. 1270, § 1, effective June 5. L. 2000: Entire section amended, p. 838, § 21, effective May 24. 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. Source: L. 95: Entire part added, p. 1271, § 1, effective June 5. L. 2000: Entire section amended, p. 838, § 22, effective May 24. 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 181.3-406, 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 18-1.3406, 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. Source: L. 2001: Entire section added, p. 501, § 1, effective May 16. L. 2002: (2)(a) and (2)(b) amended, p. 1499, § 157, effective October 1. L. 2003: (3) added, p. 2679, § 6, effective July 1. L. 2017: (2)(c) amended and (3) repealed, (HB 17-1326), ch. 394, p. 2029, § 3, effective August 9. L. 2019: (1) amended, (SB 19-143), ch. 286, p. 2660, § 7, effective May 28. Colorado Revised Statutes 2019 Page 43 of 226 Uncertified Printout Editor's note: The provisions of this section as enacted by House Bill 01-1370 were renumbered on revision to conform to statutory format. Cross references: For the legislative declaration contained in the 2002 act amending subsections (2)(a) and (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017. 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: L. 95: Entire part added, p. 1271, § 1, effective June 5. Parole and Probation ARTICLE 2 Correctional Services Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 1 of this title. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. Cross references: For the "Interstate Compact for Adult Offender Supervision", see part 28 of article 60 of title 24. PART 1 DIVISION OF ADULT PAROLE Cross references: For home detention programs for parolees, see § 17-27.8-105. 17-2-100.2. Legislative intent regarding parole. The general assembly hereby finds and declares that the primary consideration for any decision to grant parole shall be the public safety. The general assembly further finds and declares that, since parole is a privilege granted by the general assembly and not a right guaranteed under the state or federal constitutions, if the parolee violates the conditions of his parole, that privilege may be revoked. Source: L. 87: Entire section added, p. 650, § 1, effective July 1. Colorado Revised Statutes 2019 Page 44 of 226 Uncertified Printout 17-2-101. Division of adult parole. In order to promote the maximum efficiency, economy, and continuity of services in carrying out the purposes of this part 1, the division of administration created by the "State Parole Reorganization Act of 1951", formerly transferred to the department of institutions and identified as the division of parole, and the director thereof are hereby transferred by a type 3 transfer to the department of corrections as the division of adult parole and the director thereof, and the division of parole is abolished. The division shall be organized as directed by the executive director. Source: L. 77: Entire title R&RE, p. 906, § 10, effective August 1. L. 2000: Entire section amended, p. 839, § 23, effective May 24. Editor's note: (1) This section is similar to former § 17-1-101 as it existed prior to 1977. (2) The "State Parole Reorganization Act of 1951" was originally entitled the "State Department of Parole, Reorganization Act of 1951" (see L. 51, p. 333, § 1 and § 17-1-101, C.R.S. 1973, as that section existed prior to August 1, 1977). Cross references: For type 3 transfers, see § 24-1-105 (3). 17-2-102. Division of adult parole - general powers, duties, and functions definition. (1) The division of adult parole in the department shall administer the adult parole program. The division shall keep a complete record in respect to all domestic as well as interstate parolees. The director of the division of adult parole shall exercise the power of suspension of paroles in the interim of the meetings of the state board of parole, referred to in this part 1 as the "board", and in connection therewith the director may arrest such suspended parolee without warrant and return such suspended parolee to an appropriately secure facility to await the further action of the board. In case of such suspension of parole, the director shall send to the board, at its first session thereafter, a transcript of all proceedings taken in connection with such suspension and the reasons for his or her action. (2) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.) (3) The director of the division of adult parole, pursuant to the provisions of section 13 of article XII of the state constitution, shall appoint such other officers and employees as may be necessary to properly supervise all adult parolees released from any state correctional institution or private contract prison together with such other persons as are accepted for supervision under the interstate compact. (4) and (5) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.) (6) Repealed. (7) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.) (8) The division of adult parole shall establish and administer appropriate programs of education and treatment and other productive activities, which programs and activities are designed to assist in the rehabilitation of an offender. (8.5) (a) Any parolee, on parole as a result of a conviction of any felony, who is under the supervision of the division of adult parole pursuant to this part 1 and who is initially tested for the illegal or unauthorized use of a controlled substance and the result of such test is positive shall be subject to any or all of the following actions: Colorado Revised Statutes 2019 Page 45 of 226 Uncertified Printout (I) An immediate warrantless arrest; (II) An immediate increase in the level of supervision, including but not limited to intensive supervision; (III) Random screenings for the detection of the illegal or unauthorized use of a controlled substance, which use may serve as the basis for any other community placement; (IV) Referral to a substance use disorder treatment program. (b) If any parolee described in subsection (8.5)(a) of this section is subjected to a second or subsequent test for the illegal or unauthorized use of a controlled substance and the result of the test is positive, the community parole officer shall take one or more of the following actions: (I) Make an immediate warrantless arrest; (II) Seek a parole revocation in accordance with section 17-2-103; (III) Immediately increase the level of supervision, including but not limited to intensive supervision; (IV) Increase the number of drug screenings for the illegal or unauthorized use of controlled substances; (V) Refer the parolee to a substance use disorder treatment program. (c) This subsection (8.5) shall not apply to any parolee to whom article 11.5 of title 16, C.R.S., applies. (9) (Deleted by amendment, L. 2000, p. 839, § 24, effective May 24, 2000.) (10) (a) The division of adult parole shall, in accordance with section 17-2-106: (I) Notify a municipality of any site within such municipality that the division has selected to become a branch parole office; or (II) Notify a county of any site within such county that the division has selected to become a branch parole office if the site is not within a municipality located in the county. (b) For purposes of this subsection (10), "branch parole office" has the same meaning as provided in section 17-2-106. (11) The division of adult parole shall provide to the judiciary committees of the senate and the house of representatives, or any successor committees, a status report on the effect on parole outcomes and use of any moneys allocated pursuant to House Bill 10-1360, enacted in 2010. (12) (a) Prior to an offender being released from parole, the community parole officer releasing the individual shall provide the notice described in paragraph (b) of this subsection (12) at the last meeting the officer has with the person. (b) The notice shall contain the following information: (I) That a person convicted of certain crimes has the right to seek to have his or her criminal record sealed; (II) That there are collateral consequences associated with a criminal conviction that a sealing order can alleviate; (III) The list of crimes that are eligible for sealing and the associated time period that a person must wait prior to seeking sealing; (IV) That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's website; and (V) That the person should seek legal counsel if he or she has any questions regarding record sealing. Colorado Revised Statutes 2019 Page 46 of 226 Uncertified Printout (13) Repealed. (14) (a) In addition to any other duty specified in this section, the division of adult parole shall provide at the initial meeting with an individual sentenced to parole information regarding: (I) The individual's voting rights; (II) How the individual may register to vote or update or confirm his or her voter registration record; (III) How to obtain and cast a ballot; and (IV) How to obtain voter information materials. (b) As used in this subsection (14), "voter information materials" means the following documents as applicable to the election for which the individual seeks to register and cast a ballot: (I) Any forms used to register an elector under part 2 of article 2 of title 1; (II) An application for a mail ballot pursuant to section 1-13.5-1002; (III) A copy of the ballot information booklet described in section 1-40-124.5; and (IV) Any mailings to electors that are described in section 1-40-125. Source: L. 77: Entire title R&RE, p. 907, § 10, effective August 1. L. 79: (6) repealed, p. 705, § 88, effective July 1. L. 80: (7) and (8) added, p. 525, § 1, effective March 25. L. 82: (2) amended, p. 352, § 7, effective April 30. L. 87: (9) added, p. 650, § 2, effective July 1. L. 89: (8.5) added, p. 877, § 13, effective June 5. L. 91: (8.5)(c) added, p. 442, § 5, effective May 29. L. 2000: (1) to (5), (7), (8), IP(8.5)(a), and (9) amended, p. 839, § 24, effective May 24. L. 2001: (10) added, p. 662, § 1, effective August 8. L. 2008: IP(8.5)(b) amended, p. 655, § 3, effective April 25. L. 2010: (11) added, (HB 10-1360), ch. 263, p. 1196, § 7, effective May 25. L. 2013: (12) added, (SB 13-123), ch. 289, p. 1540, § 2, effective May 24. L. 2015: (13) added, (SB 15124), ch. 251, p. 917, § 3, effective May 29. L. 2017: (8.5)(a)(IV), IP(8.5)(b), and (8.5)(b)(V) amended, (SB 17-242), ch. 263, p. 1302, § 130, effective May 25; (13) amended, (SB 17-031), ch. 92, p. 281, § 6, effective August 9. L. 2018: (10)(b) amended, (HB 18-1375), ch. 274, p. 1700, § 18, effective May 29; (14) added, (SB 18-150), ch. 261, p. 1601, § 3, effective August 8. L. 2019: (14) R&RE, (HB 19-1266), ch. 283, p. 2643, § 4, effective July 1. Editor's note: (1) This section is similar to former § 17-1-102 as it existed prior to 1977. (2) Subsection (13)(b) provided for the repeal of subsection (13), effective January 1, 2019. (See L. 2017, p. 281.) (3) Section 7 of chapter 283 (HB 19-1266), Session Laws of Colorado 2019, provides that the act changing this section applies to any individual seeking to register to vote on or after July 1, 2019. Cross references: (1) For the interstate compact referred to in subsection (3) of this section, see part 3 of article 60 of title 24. (2) For the legislative declaration in SB 15-124, see section 1 of chapter 251, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 47 of 226 Uncertified Printout 17-2-103. Arrest of parolee - revocation proceedings. (1) The director of the division of adult parole or any community parole officer may arrest any parolee when: (a) He or she has a warrant commanding that such parolee be arrested; or (b) He or she has probable cause to believe that a warrant for the parolee's arrest has been issued in this state or another state for any criminal offense or for violation of a condition of parole; or (c) Any offense under the laws of this state has been or is being committed by the parolee in the community parole officer's presence; or (d) He or she has probable cause to believe that a crime has been committed and that the parolee has committed such crime; or (e) He or she has probable cause to believe that the parolee is leaving or about to leave the state; or (f) He or she has probable cause to believe that the parolee has violated one or more conditions of parole and that the parolee will fail or refuse to appear before the board to answer charges of violations of one or more conditions of parole; or (g) He or she has a reasonable belief that the arrest is necessary to prevent serious bodily injury to the parolee or any other person or to prevent the commission of a crime; or (h) He or she has probable cause to believe that the parolee has committed a technical violation of parole for which the underlying behavior is not a criminal offense and the community parole officer has exhausted all appropriate or available intermediate sanctions, treatment, and support services. (1.5) (a) Except where arrest or revocation is mandatory pursuant to this section or section 17-2-103.5, and except as provided in paragraph (g) of this subsection (1.5), a community parole officer must consider all appropriate or available intermediate sanctions, as determined by the policies of the division of adult parole, before he or she files a complaint for revocation of a parolee for a technical violation of a condition of parole for which the underlying behavior is not a criminal offense. (b) A community parole officer shall utilize intermediate sanctions to address a parolee's noncompliance or seek modification of parole conditions, or do both, as deemed appropriate by the community parole officer, in a manner that is consistent with the severity of the noncompliance and the risk level of the parolee. (c) A community parole officer shall also make referrals to any needed treatment or other support services that may help a parolee become compliant with the conditions of parole and succeed in reintegrating into society. For the purposes of this section, testing positive for the use of illegal drugs is considered a technical violation of parole. (d) If a parolee has a technical violation, the parolee's community parole officer, with the approval of the director of the division of adult parole or the director's designee, may impose a brief term of confinement in the county jail, not to exceed fourteen consecutive days, as an intermediate sanction. (e) A parolee's community parole officer must notify the parolee when a brief term of incarceration in jail may be imposed as an intermediate sanction against the parolee. (f) The division of adult parole is responsible for reimbursing county jails for beds used as an intermediate sanction. The sheriff of each county has the authority and discretion to determine the number of jail beds, if any, that are available to the department of corrections in their respective facilities for the purpose of imposing an intermediate sanction. If jail beds are Colorado Revised Statutes 2019 Page 48 of 226 Uncertified Printout unavailable in the local community of the facility in which the parolee is being supervised, the division of adult parole is authorized to utilize other available county jail beds if transportation to and from the jail is provided to the parolee. (g) Notwithstanding any other provision of this section, a community parole officer may bypass the use of intermediate sanctions or any additional intermediate sanctions in response to a technical violation of parole and file a complaint seeking revocation of parole if: (I) The parolee has received up to four intermediate sanctions committing the parolee to a brief term of incarceration in jail, except for a parolee for whom subsection (11)(b)(III) of this section applies; or (II) The nature of the technical violation, in combination with the parolee's risk assessment, indicates a heightened risk to public safety, as defined by policy of the division of adult parole. (2) (a) A board hearing relating to the revocation of parole shall be held, at the discretion of the board, in the courthouse or other facility that is acceptable to the board in the county in which the alleged violation occurred, the county of the parolee's confinement, or the county of the parolee's residence if not confined. (b) In all hearings relating to revocation of parole, one member of the board shall hear the case to a conclusion, unless the chairperson of the board assigns another board member due to the illness or unavailability of the first board member. The parolee may appeal to two members of the board. Such appeal shall be on the record. (c) At evidentiary hearings concerning revocation of parole, the district attorney of the county in which the hearing is held may be in attendance to present the case. (d) At all hearings before the board which are held outside of the institution to which the parolee is sentenced, it is the duty of the county sheriff to provide for the safety of all persons present. All counties shall make sufficient room available to conduct parole revocation proceedings in their respective courthouses or other facilities that are acceptable to the board. (e) All votes of the board at any hearing or appeal held pursuant to this section shall be recorded by member and shall be a public record open to inspection and shall be subject to the provisions of part 3 of article 72 of title 24, C.R.S. (3) (a) Whenever a community parole officer has reasonable grounds to believe that a condition of parole has been violated by any parolee, he or she may issue a summons requiring the parolee to appear before the board at a specified time and place to answer charges of violation of one or more conditions of parole. The summons shall be accompanied by a copy of the complaint filed before the board seeking revocation of parole. Willful failure of the parolee to appear before the board as required by the summons is a violation of a condition of parole. (b) A community parole officer may request that the board issue a warrant for the arrest of a parolee for violation of the conditions of his or her parole by filing a complaint with the board showing probable cause to believe that the parolee has violated a condition of his or her parole. The warrant may be executed by a peace officer, as described in section 16-2.5-101, C.R.S. (4) (a) If, rather than issuing a summons, a community parole officer makes an arrest of a parolee, with or without a warrant, or the parolee is otherwise arrested, the parolee shall be held in a county jail or a preparole facility or program pending action by the community parole officer pursuant to subsection (5) of this section. (b) Repealed. Colorado Revised Statutes 2019 Page 49 of 226 Uncertified Printout (5) Not later than ten working days after the arrest of any parolee, as provided in subsection (4) of this section, the community parole officer shall complete his or her investigation and either: (a) File a complaint before the board in which the facts are alleged upon which a revocation of parole is sought; or (b) Order the release of the parolee and request that any warrant be quashed and that any complaint be dismissed, and parole shall be restored; or (c) Order the release of the parolee and issue a summons requiring the parolee to appear before the board at a specified time and place to answer charges of violation of one or more conditions of parole. (6) (a) Any complaint filed by the community parole officer in which revocation of parole is sought shall contain the name of the parolee and his or her department of corrections number, identify the nature of the charges that are alleged to justify revocation of his or her parole, the substance of the evidence sustaining the charges, and the condition of parole alleged to have been violated, including the date and approximate location thereof, together with the signature of the community parole officer. A copy thereof shall be given to the parolee a reasonable length of time before any parole board hearing. (b) At any time after the filing of a complaint, the director of the division of adult parole may cause the revocation proceedings to be dismissed by giving written notification of the decision for the dismissal to the board, the community parole officer, and the parolee. Upon receipt of the notification by the director, the community parole officer shall order the release of the parolee pursuant to subsection (5) of this section, and parole shall be restored. (c) The filing of a complaint by the community parole officer tolls the expiration of the parolee's parole. (7) If the parolee is in custody pursuant to subsection (4) of this section, or the parolee was arrested and then released pursuant to paragraph (c) of subsection (5) of this section, the hearing on revocation shall be held within a reasonable time, not to exceed thirty days after the parolee was arrested; except that the board may grant a delay when it finds good cause to exist therefor. If the parolee was issued a summons, the final hearing shall be held within thirty working days from the date the summons was issued; except that the board may grant a delay when it finds good cause to exist therefor. The board shall notify the sheriff, the community parole officer, and the parolee of the date, time, and place of the hearing. It shall be the responsibility of the sheriff to assure the presence of the parolee being held in custody at the time and place of the hearing and to provide for the safety of all present. (8) Prior to appearance before the board, a parolee shall be advised in writing by the director of the division of adult parole concerning the nature of the charges that are alleged to justify revocation of parole and the substance of the evidence sustaining the charges; the parolee shall be given a copy of the complaint unless he or she has already received one; the parolee shall be informed of the consequences which may follow in the event parole is revoked; the parolee shall then be advised that a full and final hearing will be held before the board at which hearing the parolee will be required to plead guilty or not guilty to the charges contained in the complaint; and the parolee shall be further advised that at the hearing before the board he or she may be represented by an attorney and that he or she may testify and present witnesses and documentary evidence in defense of the charges or in mitigation or explanation thereof. The hearing may be continued by the board upon a showing of good cause. Colorado Revised Statutes 2019 Page 50 of 226 Uncertified Printout (9) (a) In the event of a plea of not guilty, the division of adult parole, at the final hearing before the board, shall have the burden of establishing by a preponderance of the evidence the violation of a condition of parole; except that the commission of a criminal offense must be established beyond a reasonable doubt, unless the parolee has been convicted thereof in a criminal proceeding. When it appears that the alleged violation of a condition or conditions of parole consists of an offense with which the parolee is charged in a criminal case then pending, testimony given before the board in a parole revocation proceeding shall not be admissible in such criminal proceeding before a court. When, in a parole revocation hearing, the alleged violation of a condition of parole is the parolee's failure to pay court-ordered compensation to appointed counsel, probation fees, court costs, restitution, or reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. The board may revoke the parole if requested to do so by the parolee. Any evidence having probative value shall be admissible in all proceedings related to a parole violation complaint, regardless of its admissibility under the exclusionary rules of evidence, if the parolee is accorded a fair opportunity to rebut hearsay evidence. The parolee shall have the right to confront and to cross-examine adverse witnesses unless the board specifically finds good cause for not allowing confrontation of an informer. (b) If the parolee has been convicted of a criminal offense while on parole, the board shall accept said conviction as conclusive proof of a violation and shall conduct a hearing as to the disposition of the parole only. (10) Repealed. (11) (a) If the board determines that a violation of a condition or conditions of parole has been committed, the board shall, within five working days after the completion of the final hearing, either revoke the parole, as provided in paragraph (b) of this subsection (11), or continue it in effect, or modify the conditions of parole if circumstances then shown to exist require such modifications. If parole is revoked, the board shall serve upon the parolee a written statement as to the evidence relied on and the reasons for revoking parole. (b) (I) If the board determines that the parolee has violated parole through commission of a felony or misdemeanor crime, the board may revoke parole and request the sheriff of the county in which the hearing is held to transport the parolee to a place of confinement designated by the executive director for up to the remainder of the parole period. (II) If the board determines that the parolee has violated any condition of parole that does not involve the commission of a felony or misdemeanor crime that involves possession of a deadly weapon as defined in section 18-1-901, refusing or failing to comply with requirements of sex offender treatment, absconding, willful failure to appear for a summons, unlawful contact with a victim, or the willful tampering or removal of an electronic monitoring device that the parolee is required to wear as a condition of his or her parole, the board may revoke parole and request the sheriff of the county in which the hearing is held to transport the parolee to a place of confinement for up to the remainder of the parole period and order the parolee confined at a facility designated by the executive director. (II.5) (Deleted by amendment, L. 2017.) (III) If the board determines that the parolee has violated any condition of parole that does not involve the commission of a felony or misdemeanor crime, the parolee has no active felony warrant, felony detainer, or pending felony criminal charge, and the parolee was on parole for an offense that was a level 3 or level 4 drug felony or class 3, class 4, class 5, or class 6 nonviolent felony offense as defined in section 17-22.5-405 (5)(b), except for menacing as Colorado Revised Statutes 2019 Page 51 of 226 Uncertified Printout defined in section 18-3-206; stalking as described in section 18-9-111 (4), as it existed prior to August 11, 2010, or section 18-3-602; or any unlawful sexual behavior contained in section 1622-102 (9); or any other offense, the underlying factual basis of which involves unlawful sexual behavior; or unless the parolee was subject to article 6.5 of title 18, or section 18-6-801, the board may order, as a condition of parole, participation in treatment, if appropriate, as described in section 17-2-103 (11)(c). (III.5) Repealed. (IV) and (V) (Deleted by amendment, L. 2017.) (VI) If the board determines that a parolee who has been designated as a sexually violent predator pursuant to section 18-3-414.5 or found to be a sexually violent predator or its equivalent in any other state or jurisdiction, including but not limited to a military or federal jurisdiction, has violated any condition of parole, the board may revoke parole and request the sheriff of the county in which the hearing is held to transport the parolee for up to the remainder of the parole period and order the parolee confined at a place of confinement designated by the executive director. (c) If the board determines that the parolee is in need of treatment and is amenable to treatment, the board shall consider placing the parolee in one of the following treatment options and, if appropriate, may modify the conditions of parole to include: (I) Participation in an outpatient program for the treatment of substance abuse or substance use disorders, mental health disorders, or other co-occurring or behavioral health disorders; or (II) (A) Placement in a residential treatment program for the treatment of substance abuse, substance use disorders, mental health disorders, or other co-occurring or behavioral health disorders, which program is under contract with the department of public safety and may include, but need not be limited to, intensive residential treatment, therapeutic community, and mental health programs. (B) A parolee may be placed in a residential treatment program under contract with the department of public safety only upon acceptance by the residential treatment program and any community corrections board with jurisdiction over the residential treatment program. Residential treatment programs and community corrections boards are encouraged to develop an expedited review process to facilitate decision-making and placement of the parolee, if accepted. (C) Placement in a parolee intensive treatment program operated by the department in a level I security facility for men or an equivalent security level unit in a women's facility operated by the department. The department shall provide or contract for medical services needed by parolees in the intensive treatment program and may use funding appropriated for clinical services for those medical services. (d) If the parole board orders the parolee to participate in a treatment program as a condition of parole pursuant to paragraph (c) of this subsection (11), the level of treatment ordered shall be consistent with the treatment level need of the parolee based upon an assessment instrument approved for use by the unit within the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse. (e) If the parolee is unsuccessful in participating in a treatment program ordered pursuant to paragraph (c) of this subsection (11) and his or her participation is terminated, the Colorado Revised Statutes 2019 Page 52 of 226 Uncertified Printout board may consider placement of the parolee in additional treatment, as appropriate, including a higher level of treatment. (f) (I) A parolee who violates the conditions of his or her parole by removing or tampering with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole is subject to an immediate warrantless arrest. (II) Notwithstanding any other provision of this section, if the board determines that a parolee has violated the conditions of his or her parole by removing or tampering with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole, the board may revoke the parolee's parole pursuant to paragraph (b) of this subsection (11). (11.5) Each fiscal year, the general assembly shall appropriate a portion of the savings generated by House Bill 10-1360, enacted in 2010. This appropriation shall be used only for reentry support services for parolees related to obtaining employment, housing, transportation, substance abuse treatment, mental health treatment, mental health medication, or offenderspecific services. The appropriation shall be made after consideration of the division of adult parole's status report required pursuant to section 17-2-102 (11). (12) If the community parole officer is informed by any law enforcement agency that a parolee has been arrested for a criminal offense and is being detained in the county jail, the community parole officer shall file a complaint alleging the criminal offense as a violation of parole. The community parole officer shall advise the board of any pending criminal proceeding and shall request that a parole revocation proceeding be deferred pending a disposition of the criminal charge. (13) (a) The board may revoke the parole if requested to do so by the parolee. If a parolee requests to have his or her parole revoked, the parolee shall provide the board a justifiable reason for requesting revocation of parole. (b) Prior to revoking parole upon the request of a parolee, the board may recommend or implement appropriate interventions in order to assist in the parolee with reintegration and prevent a return to incarceration. (c) If the board revokes the parole upon the request of the parolee, the board shall proceed pursuant to paragraph (b) of subsection (11) of this section. (14) If the board revokes parole and places the parolee in custody, completion of the term of custody shall not constitute discharge of the parolee's remaining period of parole unless the term of custody is equal to the parolee's remaining period of parole. Source: L. 77: Entire title R&RE, p. 908, § 10, effective August 1. L. 78: (11) amended, p. 356, § 2, effective April 27. L. 79: (2)(a), (2)(d), (4), (5)(a), (6)(b), and (9)(a) amended, p. 686, § 26, effective July 1. L. 83: (9)(a) amended, p. 665, § 6, effective July 1. L. 85: (1)(e), (2)(a), (2)(b), (2)(d), (3), (4)(a), (5), (6), (7), (8), (9), and (11) amended and (2)(c), (4)(b), and (10) repealed, pp. 633, 641, §§ 1, 11, effective July 1; (2)(e) added, p. 643, § 1, effective July 1. L. 87: (2)(a), (2)(b), (2)(d), (6)(b), (7) to (9), and (11) amended, p. 952, § 55, effective March 13; (2)(b) amended, (2)(c) RC&RE, and (6)(c) added, p. 651, §§ 3, 4, 5, effective July 1. L. 89: (12) added, p. 863, § 5, effective April 12; (1)(f) added, p. 877, § 14, effective June 5. L. 90: (4)(a) amended, p. 944, § 15, effective June 7. L. 94: (2)(a), (2)(b), (2)(d), (6)(b), (7), (8), (9), and (11) amended, pp. 2600, 2594, §§ 13, 1, effective June 3. L. 95: (11)(b)(II)(B) amended, p. 1097, § 16, effective May 31. L. 2000: IP(1), (6)(b), (8), and (9)(a) amended, p. 840, § 25, Colorado Revised Statutes 2019 Page 53 of 226 Uncertified Printout effective May 24. L. 2001: (11)(b)(II)(C) amended and (11)(b)(II)(D) added, p. 502, § 2, effective May 16. L. 2002: (11)(b)(II)(B) amended, p. 1499, § 158, effective October 1. L. 2003: (9)(a) and (11)(b) amended and (13) and (14) added, p. 2674, § 1, effective July 1; (3)(b) amended, p. 1614, § 9, effective August 6. L. 2008: IP(1), (3), (4)(a), IP(5), (6), (7), and (12) amended, p. 655, § 4, effective April 25; (11)(b)(III) amended, p. 1035, § 1, effective August 5. L. 2010: IP(11)(b)(II) amended and (11)(b)(VI) added, (HB 10-1089), ch. 56, p. 204, § 1, effective March 31; IP(11)(b)(II), (11)(b)(IV), and (11)(b)(V) amended and (11)(b)(III.5), (11)(c), (11)(d), (11)(e), and (11.5) added, (HB 10-1360), ch. 263, pp. 1193, 1194, 1196, §§ 2, 4, 5, effective May 25; IP(11)(b)(II) amended and (11)(b)(III.5) added, (HB 10-1360), ch. 263, p. 1194, § 3, effective August 11. L. 2011: (11)(d) amended, (HB 11-1303), ch. 264, p. 1156, § 28, effective August 10. L. 2013: (11)(b)(III) and (11)(b)(III.5) amended, (SB 13-250), ch. 333, p. 1931, § 46, effective October 1. L. 2014: (11)(f) added, (HB 14-1044), ch. 199, p. 727, § 2, effective April 15. L. 2015: IP(11)(b)(II) amended, (HB 15-1122), ch. 37, p. 89, § 3, effective March 20; (1) amended and (1.5) added, (SB 15-124), ch. 251, p. 915, § 2, effective May 29. L. 2017: (11)(b) amended, (HB 17-1326), ch. 394, p. 2027, § 2, effective August 9. L. 2018: (11)(c)(I) and (11)(c)(II)(A) amended, (SB 18-091), ch. 35, p. 385, § 16, effective August 8. L. 2019: (1.5)(d), (1.5)(g)(I), (11)(b)(I), (11)(b)(II), (11)(b)(III), and (11)(c)(II)(B) amended, (11)(b)(III.5) repealed, and (11)(c)(II)(C) added, (SB 19-143), ch. 286, p. 2656, § 2, effective May 28. Editor's note: (1) This section is similar to former § 17-1-103 as it existed prior to 1977. (2) Amendments to subsection (11) in sections 1 and 13 of Senate Bill 94-172 were harmonized. (3) Amendments to IP(11)(b)(II) by House Bill 10-1089 and House Bill 10-1360 were harmonized. Cross references: (1) For other provisions concerning parole revocation proceedings, see § 17-2-201. (2) For the legislative declaration contained in the 2002 act amending subsection (11)(b)(II)(B), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015. For the legislative declaration in SB 15-124, see section 1 of chapter 251, Session Laws of Colorado 2015. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 17-2-103.5. Revocation proceedings - parolee arrested for certain offenses. (1) (a) Notwithstanding any provision of section 17-2-103, a community parole officer shall file a complaint seeking revocation of the parole of any parolee who: (I) Is found in possession of a deadly weapon as defined in section 18-1-901, C.R.S.; (II) Is arrested and charged with: (A) A felony; (B) A crime of violence as defined in section 16-1-104 (8.5), C.R.S.; Colorado Revised Statutes 2019 Page 54 of 226 Uncertified Printout (C) A misdemeanor assault involving a deadly weapon or resulting in bodily injury to the victim; (D) Sexual assault in the third degree as defined in section 18-3-404 (2), C.R.S., as it existed prior to July 1, 2000; or (E) Unlawful sexual contact as defined in section 18-3-404 (2), C.R.S.; or (III) Has removed or tampered with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole; except that, before making such an arrest, the community parole officer shall first determine that the notification of removal or tampering was not merely the result of an equipment malfunction. (b) A community parole officer shall present to the district attorney of the proper judicial district for the purpose of prosecution all the facts ascertained by the community parole officer and all other papers, documents, or evidence pertaining thereto that the community parole officer has in his or her possession for any parolee found in possession of a weapon pursuant to section 18-12-108, C.R.S. (c) A hearing relating to such revocation shall be held, unless a board member is advised that a criminal charge is still pending or where the parolee does not request revocation, in which case the hearing shall be delayed until a disposition concerning the criminal charge is reached. (2) If the hearing officer or board member conducting the hearing pursuant to subsection (1) of this section finds the parolee guilty of the conduct charged but decides against revoking the parole of the parolee, the record of such hearing shall be reviewed within fifteen days of the decision by two members of the board, exclusive of the board member who conducted the hearing, who may overturn the decision and order the parole to be revoked. Source: L. 87: Entire section added, p. 651, § 6, effective July 1. L. 89: (1) amended, p. 863, § 6, effective April 12. L. 94: (1) amended, p. 2602, § 14, effective June 3. L. 2000: (1) amended, p. 633, § 4, effective July 1. L. 2008: IP(1)(a) and (1)(b) amended, p. 656, § 5, effective April 25; (1)(a)(II)(C) and (1)(a)(II)(D) amended and (1)(a)(II)(E) added, p. 1887, § 48, effective August 5. L. 2014: (1)(a)(II)(E) amended and (1)(a)(III) added, (HB 14-1044), ch. 199, p. 728, § 3, effective May 15. L. 2015: (1)(c) amended, (HB 15-1122), ch. 37, p. 89, § 4, effective March 20. Cross references: For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015. 17-2-104. Records - reports - publications. (1) The office of director of the division of adult parole shall be maintained as a clearing house for all information on domestic as well as interstate parolees, and the director shall prescribe, prepare, and furnish such forms, records, and reports as the executive director may require from time to time. Such data and information so compiled shall not be considered to be public records but shall be held to be confidential in character. (2) The director shall report to the executive director at such times and on such matters as the executive director may require; except that confidential information shall not be made public. Publications of the director circulated in quantity outside the division shall be subject to the approval and control of the executive director. Colorado Revised Statutes 2019 Page 55 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 911, § 10, effective August 1. L. 2000: (1) amended, p. 841, § 26, effective May 24. Editor's note: This section is similar to former § 17-1-104 as it existed prior to 1977. 17-2-105. Appropriation. (Repealed) Source: L. 77: Entire title R&RE, p. 911, § 10, effective August 1. L. 2000: Entire section repealed, p. 841, § 27, effective May 24. Editor's note: This section was similar to former § 17-1-105 as it existed prior to 1977. 17-2-106. Branch parole offices - acquisition - duty to inform public. (1) (a) The director of the division of adult parole shall contemporaneously send written notice to the chief executive officer of the municipality and the city council or board of trustees of the municipality in which the division intends to operate the branch parole office. (b) If the site of the branch parole office that the division intends to operate is not located within a municipality, the director of the division shall send written notice to the board of county commissioners of the county in which the division intends to operate the branch parole office. (c) For purposes of this section: (I) "Actual acquisition" means the legal process necessary to vest the department of corrections with fee title or a new leasehold interest in real estate that the division of adult parole intends to operate as a branch parole office in a new location. (II) "Branch parole office" means any real estate in this state that the division of adult parole, on behalf of the department of corrections, may acquire by purchase, leasehold, or other method for the purpose of operating an office to perform any function required or permitted by this title concerning parolee interview, reporting, testing, screening, and supervision. (2) A municipality or county notified pursuant to subsection (1) of this section may notify its residents and invite public review and comment on the division's selection of the branch parole office site through public meeting, public hearing, or any other public forum deemed appropriate by the municipality or county. (3) Nothing in this section shall be construed to hinder or prohibit the department of corrections, division of adult parole, from engaging in the selection or the actual acquisition of any site to operate as a branch parole office that the department or division determines will best enable the division to perform and exercise its duties and powers under this title. Source: L. 2001: Entire section added, p. 662, § 2, effective August 8. L. 2002: (3) amended, p. 1016, § 21, effective June 1. Cross references: For the definition of "branch parole office" as it applies to this section, see also § 17-2-102 (10)(b). PART 2 Colorado Revised Statutes 2019 Page 56 of 226 Uncertified Printout STATE BOARD OF PAROLE 17-2-201. State board of parole - duties - definitions. (1) (a) There is hereby created a state board of parole, referred to in this part 2 as the "board", which consists of nine members. The members of the board are appointed by the governor and confirmed by the senate, and they shall devote their full time to their duties as members of the board. The members are appointed for three-year terms and may serve consecutive terms. The governor may remove a board member for incompetency, neglect of duty, malfeasance in office, continued failure to use the risk assessment guidelines as required by section 17-22.5-404, or failure to regularly attend meetings as determined by the governor. Final conviction of a felony during the term of office of a board member automatically disqualifies the member from further service on the board. The board is composed of representatives from multidisciplinary areas of expertise. Two members must have experience in law enforcement, and one member must have experience in offender supervision, including parole, probation, or community corrections. Six members must have experience in other relevant fields. Each member of the board must have a minimum of five years of experience in a relevant field and knowledge of parole laws and guidelines, rehabilitation, correctional administration, the functioning of the criminal justice system, issues associated with victims of crime, the duties of board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections. A person who has been convicted of a felony or of a misdemeanor involving moral turpitude or who has any financial interests that conflict with the duties of a member of the board is ineligible for appointment. (b) The parole board in existence prior to July 1, 1987, is abolished on July 1, 1987. The governor shall appoint a new parole board pursuant to this section, two members of which shall be appointed for terms of three years, two members of which shall be appointed for terms of two years, and one member of which shall be appointed for a term of one year. Thereafter, members shall be appointed for terms of three years. If a member is appointed during a period of time in which the general assembly is not in session, that member shall serve on a temporary basis until the general assembly next convenes. (c) The parole board in existence prior to July 1, 1990, shall be expanded to seven members on July 1, 1990. The governor shall appoint an additional law enforcement representative and an additional citizen representative to the board, one for a term of two years to expire on July 1, 1992, and one for a term of three years to expire on July 30, 1993. Thereafter, such members shall be appointed for terms of three years. (c.2) The parole board in existence prior to July 1, 2019, is expanded to nine members on July 1, 2019. The governor shall appoint one additional member to the board for a term of two years, to expire on July 30, 2021. The governor shall appoint one additional member to the board for a term of three years, to expire on July 30, 2022. Thereafter, the governor shall appoint each such member for a term of three years. (d) The governor may appoint a temporary member to replace any member of the board who becomes temporarily incapacitated. Such temporary member shall not require senate confirmation unless he serves for a period longer than ninety days and shall serve at the pleasure of the governor or until the incapacitated member of the parole board is able to resume his duties. Any temporary member shall assume all the powers and duties of the incapacitated member. Any such temporary member shall have the same qualifications as a permanent Colorado Revised Statutes 2019 Page 57 of 226 Uncertified Printout member as defined in paragraph (a) of this subsection (1). The board may not have more than two temporary members at any time. (e) Each board member shall complete a minimum of twenty hours of continuing education or training every year in order to maintain proficiency and to remain current on changes in parole laws and developments in the field. Each parole board member shall submit to the chairperson proof of attendance and details regarding any continuing education or training attended including the date, place, topic, the length of the training, the trainer's name, and any agency or organizational affiliation. Members may attend trainings individually or as part of a specific training offered to the parole board as a whole. The sole remedy for failure to comply with training and data collection requirements shall be removal of the board member by the governor, and the failure to comply with training and data collection requirements shall not create any right for any offender. (2) The governor shall appoint one of the members of the board as the chairperson of the board and shall also appoint one of the members as the vice-chairperson. Such appointments are subject to change by the governor. The chairperson shall be the administrative head of the board. The chairperson shall assure that board policy and rules and regulations are enforced. The chairperson shall also assure that proper calendars for hearings are compiled and that members are assigned to conduct such hearings. The vice-chairperson shall act in the absence of the chairperson and may fulfill such administrative duties as are delegated by the chairperson. (3) The chairperson, in addition to other provisions of law, has the following powers and duties: (a) To promulgate rules governing the granting and revocation of parole, including special needs parole pursuant to section 17-22.5-403.5, from correctional facilities where adult offenders are confined and the fixing of terms of parole and release dates. All rules governing the granting and revocation of parole promulgated by the chairperson shall be subject to the approval of a majority of the board and shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S. (b) To promulgate rules for the conduct of board members, the procedures for board hearings, and procedures for the board to comply with state fiscal and procurement regulations. All administrative rules and regulations promulgated by the chairperson shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S. (c) To develop and update a written operational manual for parole board members, release hearing officers, and administrative hearing officers under contract with the board by December 31, 2012. The operational manual shall include, but need not be limited to, board policies and rules, a summary of state laws governing the board, and all administrative release and revocation guidelines that the parole board is required to use. The chairperson will ensure that all new parole board members receive training and orientation on the operational manual. (c.5) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 833, § 3, effective May 23, 2011.) (d) To adopt a policy pursuant to which the board may conduct parole hearings, parole revocation hearings, and board meetings using video teleconferencing technology. At a minimum, the policy shall identify: (I) The agenda items, if any, that the board may not consider during video teleconferences of hearings or meetings; Colorado Revised Statutes 2019 Page 58 of 226 Uncertified Printout (II) The correctional facilities that the chairperson determines will be accessible via video teleconferencing for purposes of conducting hearings or meetings. In identifying such correctional facilities, the chairperson may include the Colorado mental health institute at Pueblo for purposes of hearings held at the institute pursuant to subsection (10) of this section. (e) To ensure that parole board members, release hearing officers, and administrative hearing officers under contract with the board fulfill the annual training requirements described in paragraph (e) of subsection (1) of this section and in section 17-2-202.5. The chairperson shall notify the governor if any board member, release hearing officer, or administrative hearing officer fails to comply with the training requirements. (f) To ensure that parole board members, release hearing officers, and administrative hearing officers under contract with the board are accurately collecting data and information on his or her decision-making as required by section 17-22.5-404 (6). The chairperson shall notify the governor immediately if any board member, release hearing officer, or administrative hearing officer fails to comply with data collection requirements. (g) To conduct an annual comprehensive review of board functions to identify workload inefficiencies and to develop strategies or recommendations to address any workload inefficiencies; (h) (I) To contract with licensed attorneys to serve as administrative hearing officers to conduct parole revocation hearings pursuant to rules adopted by the parole board; or (II) To appoint an administrative law judge pursuant to the provisions of section 24-301003, C.R.S., to conduct parole revocation hearings pursuant to the rules and regulations promulgated pursuant to this subsection (3). Any references to the board regarding parole revocation hearings or revocation of parole shall include an administrative law judge appointed pursuant to this paragraph (h). (h.1) To contract with qualified individuals to serve as release hearing officers: (I) To conduct parole application hearings for inmates convicted of class 4, class 5, or class 6 felonies or level 3 or level 4 drug felonies who have been assessed to be less than high risk by the Colorado risk assessment scale developed pursuant to section 17-22.5-404 (2)(a), or hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board; and (II) To set parole conditions for inmates eligible for release to mandatory parole. (3.5) Notwithstanding section 24-1-136 (11)(a)(I), the chairperson shall annually make a presentation to the judiciary committees of the house of representatives and the senate, or any successor committees, regarding the operations of the board. (3.7) (a) Notwithstanding any other provision in this section, an inmate is not eligible for parole if the inmate: (I) Has been convicted of a class 1 code of penal discipline violation within the twelve months preceding his or her next ordinarily scheduled parole hearing; or (II) Has, within the twelve months preceding his or her next ordinarily scheduled parole hearing, declined in writing to participate in programs that have been recommended and made available to the inmate. (b) An inmate who is described by subparagraph (I) or (II) of paragraph (a) of this subsection (3.7) may be eligible for parole when the applicable condition has not been in effect for the preceding twelve months. Colorado Revised Statutes 2019 Page 59 of 226 Uncertified Printout (c) If two schedules with different parole application hearing dates apply to the same inmate, the board shall give effect to the schedule that includes the later parole application hearing date. (d) The board shall provide victim notification in accordance with section 24-4.1-302.5, C.R.S., for all parole application hearings for which the inmate is eligible for parole, as such eligibility is determined pursuant to the provisions of this section. (e) As used in this subsection (3.7), "eligible for parole" means an inmate is eligible to make application to the board for parole and includes an inmate's initial application as well as any subsequent application for parole review or reconsideration. (4) The board has the following powers and duties: (a) To meet as often as necessary every month to consider all applications for parole. The board may parole any person who is sentenced or committed to a correctional facility when such person has served his or her minimum sentence, less time allowed for good behavior, and there is a strong and reasonable probability that the person will not thereafter violate the law and that release of such person from institutional custody is compatible with the welfare of society. If the board refuses an application for parole, the board shall reconsider the granting of parole to such person within one year thereafter, or earlier if the board so chooses, and shall continue to reconsider the granting of parole each year thereafter until such person is granted parole or until such person is discharged pursuant to law; except that, if the person applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such person once every three years, until the board grants such person parole or until such person is discharged pursuant to law, or if the person applying for parole was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such person once every five years, until the board grants such person parole or until such person is discharged pursuant to law. (b) To conduct hearings on parole revocations as required by section 17-2-103. Such hearings shall be exempt from the requirements set forth in section 24-4-105, C.R.S. Judicial review of any revocation of parole shall be held pursuant to section 18-1-410 (1)(h), C.R.S. (c) To issue, pursuant to rules and regulations, an order of exigent circumstances to place an offender under parole supervision immediately upon release from a correctional facility when the board is prevented from complying with publication and interview requirements due to the application of time served prior to confinement in a correctional facility and the operation of good time credits; (d) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.; (e) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.; (f) (I) To conduct an initial or subsequent parole release review in lieu of a hearing, without the presence of the inmate, if: (A) The application for release is for special needs parole pursuant to section 17-22.5403.5, and victim notification is not required pursuant to section 24-4.1-302.5; (B) A detainer from the United States immigration and customs enforcement agency has been filed with the department, the inmate meets the criteria for the presumption of parole in section 17-22.5-404.7, and victim notification is not required pursuant to section 24-4.1-302.5; Colorado Revised Statutes 2019 Page 60 of 226 Uncertified Printout (C) The inmate has a statutory discharge date or mandatory release date within six months after his or her next ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5; (D) The inmate is assessed to be a "low" or "very low" risk on the validated risk assessment instrument developed pursuant to section 17-22.5-404 (2), the inmate meets readiness criteria established by the board, and victim notification is not required pursuant to section 24-4.1-302.5; or (E) The inmate is subject to subsection (19) of this section. (II) The board shall notify the inmate's case manager if the board decides to conduct a parole release review without the presence of the inmate, and the case manager shall notify the inmate of the board's decision. The case manager may request that the board reconsider and conduct a hearing with the inmate present. (5) (a) As to any person sentenced for conviction of a felony committed prior to July 1, 1979, or of a misdemeanor and as to any person sentenced for conviction of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., committed prior to July 1, 1996, or a class 1 felony and as to any person sentenced as a habitual criminal pursuant to section 18-1.3801, C.R.S., for an offense committed prior to July 1, 2003, the board has the sole power to grant or refuse to grant parole and to fix the condition thereof and has full discretion to set the duration of the term of parole granted, but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court or five years, whichever is less; except that the five-year limitation shall not apply to parole granted pursuant to section 17-22.5-403.7 for a class 1 felony. (a.3) (I) Any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1.5) or (2) for an offense committed on or after July 1, 2003, shall be subject to the mandatory parole set forth in section 18-1.3-401 (1)(a)(V)(A), 18-1.3-401 (1)(a)(V)(A.1), or 18-1.3-401.5 for the class or level of felony of which the person is convicted. (II) As to any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1) or (2.5), C.R.S., for an offense committed on or after July 1, 2003, upon completion of forty calendar years of incarceration in the department of corrections, the parole board may schedule a hearing to determine whether the inmate may be released on parole. If the inmate is released on parole, the life sentence shall continue and shall not be deemed to be discharged until such time as the parole board may discharge the offender. The offender shall serve at least five years on parole prior to discharge. If the parole board revokes the parole, the offender shall be returned to the department of corrections to serve the remainder of the life sentence. The parole board need only reconsider granting parole to such inmate once every three years. (a.5) Except as otherwise provided in paragraph (a.7) of this subsection (5), as to any person sentenced for conviction of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., committed on or after July 1, 1996, but prior to July 1, 2002, the board has the sole power to grant or refuse to grant parole and to fix the condition thereof and has full discretion to set the duration of the term of parole granted, but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court. (a.6) As to any person who is sentenced for conviction of an offense committed on or after July 1, 2002, involving unlawful sexual behavior, as defined in section 16-22-102 (9), or Colorado Revised Statutes 2019 Page 61 of 226 Uncertified Printout for conviction of an offense committed on or after July 1, 2002, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of article 1.3 of title 18, such person shall be subject to the mandatory period of parole set forth in section 18-1.3-401 (1)(a)(V)(A) or 18-1.3-401 (1)(a)(V)(A.1). (a.7) As to any person sentenced for conviction of a sex offense pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S., committed on or after November 1, 1998, the board shall grant parole or refuse to grant parole, fix the conditions thereof, and set the duration of the term of parole granted pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S. (b) Conditions imposed for parole may include, but are not limited to, requiring that the offender pay reasonable costs of supervision of parole or placing the offender on home detention as defined in section 18-1.3-106 (1.1), C.R.S. (c) (I) As a condition of parole, the board shall order that the offender make restitution to the victim or victims of his or her conduct if such restitution has been ordered by the court pursuant to article 18.5 of title 16. The order must require the offender to make restitution within the period of time that the offender is on parole as specified by the board. In the event that the defendant does not make full restitution by the date specified by the board, the restitution may be collected as provided for in article 18.5 of title 16. (II) Except if the offender is subject to subsection (19) of this section, if the offender fails to pay the restitution, he or she may be returned to the board and, upon proof of failure to pay, the board shall: (A) (Deleted by amendment, L. 96, p. 1779, § 5, effective June 3, 1996.) (B) Order that the offender continue on parole or extend the period of parole, either subject to the same condition or modified conditions of parole; or (C) Revoke the parole and request the sheriff of the county in which the hearing is held to transport the parolee to a place of confinement designated by the executive director; or (D) Revoke parole for a period not to exceed one hundred eighty days and request the sheriff of the county in which the hearing is held to transport the parolee to a community corrections program pursuant to section 18-1.3-301 (3), C.R.S., a place of confinement within the department of corrections, or any private facility that is under contract with the department of corrections; or (E) Revoke parole for a period not to exceed ninety days and request the sheriff of the county in which the hearing is held to transport the parolee to the county jail of such county or to any private facility that is under contract with the department of corrections. (III) (Deleted by amendment, L. 2000, p. 1043, § 4, effective September 1, 2000.) (d) If, as a condition of parole pursuant to paragraph (b) of this subsection (5), a parolee will be required to attend a postsecondary educational institution as a part of his parole plan, the board, before granting parole, shall first notify the postsecondary educational institution and the prosecuting attorney of the parolee's plan and request their comments thereon. The notice shall include all relevant information pertaining to the person and the crime for which he was convicted. The postsecondary educational institution and the prosecuting attorney shall reply to the board in writing within ten days of receipt of the notification or within such other reasonable time in excess of ten days as specified by the board. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the parolee as a student. Colorado Revised Statutes 2019 Page 62 of 226 Uncertified Printout Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5106, C.R.S. (e) As a condition of parole of every person convicted of the class 2 felony of sexual assault in the first degree under section 18-3-402 (3), C.R.S., for an offense committed prior to November 1, 1998, the board shall require that the parolee participate in a program of mental health counseling or receive appropriate treatment to the extent that the board deems appropriate to effectuate the successful reintegration of the parolee into the community. (f) (I) As a condition of every parole, the parolee shall sign a written agreement that contains such parole conditions as deemed appropriate by the board, which conditions shall include but need not be limited to the following: (A) That the parolee shall go directly to a place designated by the board upon his release from the institution to which he has been confined; (B) That the parolee shall establish a residence of record and shall not change it without giving prior notification to his or her community parole officer and that the parolee shall not leave the state without the permission of his or her community parole officer; (C) That the parolee shall obey all state and federal laws and municipal ordinances, conduct himself or herself as a law-abiding citizen, and obey and cooperate with his or her community parole officer; (D) That the parolee shall make reports as directed by his or her community parole officer, permit residential visits by the community parole officer, and allow the community parole officer to make searches of his or her person, residence, or vehicle; (E) That the parolee shall not own, possess, or have under his control or in his custody any firearm or other deadly weapon; (F) Repealed. (G) That the parolee shall seek and obtain employment or shall participate in a full-time educational or vocational program while on parole, unless such requirement is waived by his or her community parole officer; (H) That the parolee shall not abuse alcoholic beverages or use illegal drugs while on parole; (I) That the parolee shall abide by any other condition the board may determine to be necessary; (J) That the parolee shall contact any delegate child support enforcement unit with whom the parolee may have a child support case to arrange and fulfill a payment plan to pay current child support, child support arrearages, or child support debt due under a court or administrative order. (II) The parole agreement shall also contain a notification to the parolee that, should he violate any of the said conditions or should his behavior while on parole indicate the potentiality for criminality or violence, his parole may be subject to revocation. (III) The provisions of this paragraph (f) shall apply to any person paroled on or after July 1, 1987, and to any person whose parole conditions are modified by the board on or after said date. (g) (I) As a condition of parole, the board shall require any offender convicted of or who pled guilty or nolo contendere to an offense for which the factual basis involved a sexual offense as described in part 4 of article 3 of title 18, C.R.S., to submit to chemical testing of a biological substance sample from the offender to determine the genetic markers thereof and to chemical Colorado Revised Statutes 2019 Page 63 of 226 Uncertified Printout testing of his or her saliva to determine the secretor status thereof. Such testing shall occur prior to the offender's release from incarceration, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request. (II) The provisions of this paragraph (g) shall apply to any person who is paroled on or after May 29, 1988, and to any person whose parole conditions are modified by the board on or after said date. (III) Any costs of implementing this paragraph (g) shall be derived solely from appropriations made from moneys in the victims assistance and law enforcement fund created pursuant to section 24-33.5-506, C.R.S. (h) Repealed. (i) (Deleted by amendment, L. 2001, p. 955, § 3, effective July 1, 2001.) (j) As a condition of parole, the board may order any person who is not otherwise subject to the provisions of article 22 of title 16, C.R.S., and is convicted of an offense, the underlying factual basis of which is determined by the department of corrections to involve unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., to register as a sex offender for the period of the person's parole. Such registration shall be completed as provided in article 22 of title 16, C.R.S. Within five business days after completion of the period of parole and final discharge from the legal custody of the department of corrections, the department of corrections shall notify the Colorado bureau of investigation to remove the person's name from the Colorado sex offender registry. (k) As a condition of every grant of parole, the board shall require the offender to execute a written prior waiver of extradition stating that the offender consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that the offender is arrested in another state upon an allegation that the defendant has violated the terms of his or her parole, and acknowledging that the offender shall not be admitted to bail in any other state pending extradition to this state. (5.5) (a) As a condition of parole, the board may require every parolee at the parolee's own expense to submit to random chemical testing of a biological substance sample from the parolee to determine the presence of drugs or alcohol. (b) For purposes of this subsection (5.5), "drug" means: (I) Any "controlled substance" as defined in section 18-18-102 (5), C.R.S.; and (II) Any "drug" as defined in section 27-80-203 (13), C.R.S., if chemical testing conducted pursuant to paragraph (a) of this subsection (5.5) reveals such drug is present at such a level as to be considered abusive pursuant to regulations established by the board in consultation with the department of human services. (c) (I) If chemical testing is required as a condition of parole, the community parole officer is responsible for acquiring at random a biological substance sample from a parolee. (II) At the time the community parole officer acquires a biological substance sample pursuant to subparagraph (I) of this paragraph (c), the community parole officer shall direct the parolee to pay the necessary fee for the testing of his or her biological substance sample directly to the private laboratory under contract with the department, the department of public safety, or a local governmental agency pursuant to subparagraph (IV) of this paragraph (c). (III) The community parole officer shall submit the biological substance sample to a private laboratory under contract with the department, the department of public safety, or a local Colorado Revised Statutes 2019 Page 64 of 226 Uncertified Printout governmental agency pursuant to subparagraph (IV) of this paragraph (c) for testing. The contracting laboratory shall return the results of the tests to the community parole officer within five working days after receipt of the sample. The results of the test shall be made available by the community parole officer to the parolee or the parolee's attorney on request. (IV) The department and the department of public safety and local governmental agencies for inmates paroled to community corrections facilities shall enter into one or more contracts with private laboratories for chemical testing under this subsection (5.5). Any private laboratory that contracts with the department, the department of public safety, or a local governmental agency shall use appropriate methods to ensure compliance with evidentiary rules and requirements. Any contract entered into pursuant to this subparagraph (IV) shall specify the fee to be charged the parolee for chemical biological substance sample testing. (d) (I) If a chemical test administered pursuant to the requirements of this subsection (5.5) reflects the presence of drugs or alcohol, the parolee may be required to participate at his own expense in an appropriate drug or alcohol program, community correctional nonresidential program, mental health program, or other fee-based or non-fee-based treatment program approved by the parole board. (II) (A) Any subsequent chemical testing reflecting the presence of alcohol may be grounds for arrest of the parolee and the initiation of revocation proceedings at the discretion of the community parole officer pursuant to section 17-2-103. (B) A parolee may be arrested and a proceeding for revocation may be initiated pursuant to the provisions of section 17-2-103 if any subsequent chemical test reflects the presence of drugs pursuant to subparagraph (I) of paragraph (b) of this subsection (5.5). (C) A parolee may be arrested and proceedings for revocation may be initiated pursuant to section 17-2-103 if any subsequent chemical test reveals the presence of drugs as defined in subparagraph (II) of paragraph (b) of this subsection (5.5) at a level considered to be abusive as established by the board pursuant to said section. (e) Repealed. (f) Section 16-3-309, C.R.S., pertaining to the admissibility of laboratory tests shall apply to the admissibility of chemical tests required by this subsection (5.5) in parole revocation hearings conducted pursuant to section 17-2-103. (g) This subsection (5.5) shall not apply to any parolee to whom article 11.5 of title 16, C.R.S., applies. (5.7) If, as a condition of parole, an offender is required to undergo counseling or treatment, unless the parole board determines that treatment at another facility or with another person is warranted, the treatment or counseling must be at a facility or with a person: (a) Approved by the office of behavioral health in the department of human services, established in article 80 of title 27, if the treatment is for alcohol or drug abuse; (b) Certified or approved by the sex offender management board, established in section 16-11.7-103, C.R.S., if the offender is a sex offender; (c) Certified or approved by a domestic violence treatment board, established pursuant to part 8 of article 6 of title 18, C.R.S., if the offender was convicted of or the underlying factual basis of the offense included an act of domestic violence as defined in section 18-6-800.3, C.R.S.; or (d) Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the office of behavioral health in the department of Colorado Revised Statutes 2019 Page 65 of 226 Uncertified Printout human services, the state board of nursing, or the Colorado medical board, whichever is appropriate for the required treatment or counseling. (5.8) Notwithstanding the provisions of subsection (5.7) of this section, if, as a condition of parole, an offender who was convicted of or pled guilty to an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., is required to undergo counseling or treatment, such treatment or counseling shall be at a facility or with a person listed in subsection (5.7) of this section and the parole board may not determine treatment at another facility or with another person is warranted. (5.9) As a condition of parole of each person convicted of a felony DUI offense described in section 42-4-1301 (1)(a), (1)(b), or (2)(a), C.R.S., the board shall require the parolee to use an approved ignition interlock device for the entire period of the person's parole. (6) The board has the authority at any time after the period of any parole is fixed to shorten the period thereof or to lengthen said period within the limits specified in subsection (5) of this section; except that the provisions of this subsection (6) shall not apply to any person sentenced as a sex offender pursuant to part 10 of article 1.3 of title 18, C.R.S. (7) The board has exclusive power to conduct all proceedings involving an application for revocation of parole. (8) The board has the power, in the performance of official duties, to issue warrants and subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of its inquiry, and to administer oaths and take the testimony of persons under oath. The issuance of a warrant tolls the expiration of a parolee's parole. (9) (a) (I) Except as otherwise provided in subparagraph (I) of paragraph (f) of subsection (4) of this section, whenever an inmate initially applies for parole, the board shall conduct an interview with the inmate. At such interview at least one member of the board shall be present. Any final action on an application shall not be required to be made in the presence of the inmate or parolee, and any such action shall require the concurrence of at least two members of the board. When the two members do not concur, a third member shall review the record and, if deemed necessary, interview the applicant and cast the deciding vote. Any subsequent application for parole shall be considered by the board in accordance with the provisions of paragraph (a) of subsection (4) of this section. (II) The provisions of subparagraph (I) of this paragraph (a) shall also apply to all interviews of inmates who apply for parole pursuant to section 17-22.5-303, who were sentenced for an offense committed on or after July 1, 1979. (b) When a recommendation has been made before the board for revocation or modification of a parole, the final disposition of such application shall be reduced to writing. The parolee shall be advised by the board of the final decision at the conclusion of the hearing or within a period not to exceed five working days following said hearing; however, a parolee may waive the five-day notice requirement. A copy of the final order of the board shall be delivered to the parolee within ten working days after the completion of the hearing. (c) If the parolee decides to appeal the decision to revoke his parole, such appeal shall be filed within thirty days of such decision. The parolee shall remain in custody pending the appeal. Two members of the board, excluding the one who conducted the revocation proceeding, shall review the record within fifteen working days after the filing of the appeal. They shall notify the parolee of their decision in writing within ten working days after such decision has been made. Colorado Revised Statutes 2019 Page 66 of 226 Uncertified Printout (d) The district attorney or the attorney general may appeal the decision of a member of the board to two members of the board, excluding the member who conducted the parole revocation proceeding. (10) The board shall interview all parole applicants at the institution or in the community in which the inmate is physically held or through teleconferencing as provided in subparagraph (II) of paragraph (d) of subsection (3) of this section. The site location of an interview shall not be changed within the thirty days preceding the interview date without the approval of the board. Any inmate of an adult correctional institution who has been transferred by executive order or by civil commitment or ordered by a court of law to the Colorado mental health institute at Pueblo may be heard at the Colorado mental health institute at Pueblo upon an application for parole. (11) Repealed. (12) All votes of the board at any hearing or appeal held pursuant to this section shall be recorded by member and shall be a public record open to inspection and shall be subject to the provisions of part 3 of article 72 of title 24, C.R.S. (13) (a) The board may appoint or contract with an attorney to represent a parolee at a parole revocation hearing only if: (I) The parolee denies that he violated the condition or conditions of his parole, as set forth in the complaint; (II) The parolee is incapable of speaking effectively for himself; (III) The parolee establishes to the satisfaction of the board that he is indigent; and (IV) The board, after reviewing the complaint, makes specific findings in writing that the issues to be resolved are complex and that the parolee requires the assistance of counsel. (b) Repealed. (14) The board shall consider the parole of a person whose parole is revoked either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year. (15) Each correctional facility and private contract prison shall make available to the board hearing room space and video teleconferencing technology that are acceptable to the board for the purpose of conducting parole hearings within the administrative area of or another location within the facility acceptable to the board. (16) The board shall submit to the department of corrections staff involved with making community corrections transition placement referrals the name and register number of each inmate the board is recommending for community corrections transition placement. The department of corrections staff involved with making community corrections transition placement referrals shall inform the board when the referral has been made or the reason why it was not submitted. (17) If an offender completes a community corrections program, the board shall schedule a parole release hearing within sixty days after the offender's completion of the program. If the decision is to deny parole, a majority of the full board is required to deny parole pursuant to this subsection (17). (18) (a) The parole board shall conduct a file review for each inmate who is listed on the notifications provided to the board pursuant to section 17-1-119.7 (2)(a)(II) or (2)(a)(III) within Colorado Revised Statutes 2019 Page 67 of 226 Uncertified Printout ten days after receiving the notification. The parole board must evaluate the inmate's institutional behavior, program progress, and appropriateness for release. (b) If the parole board grants parole to an inmate on the notification list pursuant to section 17-1-119.7 (2)(a)(II), it may set the release date up to thirty days prior to the inmate's mandatory release date but not sooner than fifteen days after the file review. The department shall notify the inmate's parole sponsor to verify his or her willingness and ability to sponsor the inmate on the amended release date. (c) If the parole board grants parole to an inmate on the notification list pursuant to section 17-1-119.7 (2)(a)(III), it may set the release date no sooner than fifteen days after the file review. The department shall notify the inmate's parole sponsor to verify his or her willingness and ability to sponsor the inmate on the amended release date. (19) (a) Except as provided in subsection (19)(b) of this section, if a person has an approved parole plan, has been assessed to be low or very low risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2), and the parole release guidelines recommend release, the parole board may deny parole only by a majority vote of the full parole board. (b) An inmate is not eligible for release pursuant to subsection (19)(a) of this section if he or she has had a class I code of penal discipline violation within the previous twelve months from the date of consideration by the parole board or since incarceration, whichever is shorter; has been terminated for lack of progress or has 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; is required to be considered by the full board for release; or has a pending felony charge, detainer, or an extraditable warrant. (c) If the parole board denies parole to an inmate pursuant to subsection (19)(a) of this section, the board shall submit to the department the basis for the denial in writing. Source: L. 77: Entire title R&RE, p. 911, § 10, effective August 1. L. 79: (3)(a), (3)(b), (6), and (7) amended, (3)(c) repealed, pp. 688, 705, §§ 27, 88, effective July 1; (3)(f) added and (5)(a) amended, p. 666, §§ 11, 12, effective July 1. L. 81: (5)(b) amended and (5)(c) added, p. 942, § 2, effective July 1. L. 84: (5)(d) added, p. 497, § 2, effective April 5; (3)(g) added and (5)(c)(II)(B) amended, p. 511, §§ 2, 1, effective April 13; (5)(c)(II)(B) amended, p. 524, § 4, effective July 1. L. 85: (3) and (4) R&RE, p. 639, § 4, effective June 6; (1), (2), (7), (8), (9), and (11) amended, pp. 637, 638, §§ 2, 3, effective July 1; (5)(c)(I) and (5)(c)(III) amended, p. 628, § 2, effective July 1; (5)(e) added, p. 667, § 4, effective July 1; (12) added, p. 643, § 2, effective July 1. L. 87: (3)(c), (7), (8), and (9)(b) amended, p. 954, § 56, effective March 13; (1)(b) amended, p. 906, § 11, effective June 15; (1) and (9)(c) amended and (5)(f) and (13) added, pp. 651, 653, §§ 7, 8, effective July 1; (5.5) added, p. 660, § 1, effective July 1. L. 88: (5)(g) added, p. 701, § 1, effective May 29; (5)(b) amended, p. 709, § 5, effective July 1. L. 90: (1)(a) and (1)(b) amended and (1)(c) and (1)(d) added, p. 959, § 1, effective June 7. L. 91: (10) amended, p. 1142, § 5, effective May 18; (4)(d) and (5.5)(g) added, p. 442, §§ 6, 7, effective May 29. L. 92: (1)(a) amended, p. 2172, § 22, effective June 2; (4)(e) added, p. 461, § 5, effective June 2; (5)(f)(I)(H) and (5)(f)(I)(I) amended and (5)(f)(I)(J) added, p. 211, § 14, effective August 1. L. 94: (1)(b), (3)(c), (4)(a), (7), (8), (9)(a)(I), and (9)(b) amended, pp. 2595, 2596, 2598, §§ 3, 4, 5, 8, effective June 3; (5.5)(b)(II) and (5.5)(c) amended, p. 2732, § 355, effective July 1. L. 95: Colorado Revised Statutes 2019 Page 68 of 226 Uncertified Printout (3)(c) and (9)(b) amended, p. 1272, § 5, effective June 5; (5.5)(c) amended, p. 465, § 9, effective July 1. L. 96: (5)(c) amended, p. 1779, § 5, effective June 3; (5)(a) amended and (5)(a.5) added, p. 1584, § 6, effective July 1. L. 97: (5)(c)(I) amended, p. 1566, § 14, effective July 1. L. 98: (13)(b) repealed, p. 727, § 9, effective May 18; (5)(a.7) added and (5)(e) and (6) amended, p. 1291, §§ 10, 11, effective November 1. L. 99: (5)(h) and (5)(i) added, p. 1168, § 2, effective July 1. L. 2000: (11) repealed, p. 842, § 28, effective May 24; (3)(d) added, p. 1056, § 1, effective May 26; (5.7) added, p. 236, § 7, effective July 1; (5)(c) amended, p. 1043, § 4, effective September 1; (3)(a) amended, p. 1496, § 3, effective July 1, 2001. L. 2001: (3)(c.5) added, p. 502, § 3, effective May 16; (5.8) added, p. 658, § 7, effective May 30; (5)(g), (5)(h), and (5)(i) amended, p. 955, § 3, effective July 1. L. 2002: (5)(a.5) amended and (5)(a.6) added, p. 125, § 2, effective March 26; (5.7)(a) amended, p. 666, § 11, effective May 28; (5)(g)(I) and (5.8) amended, p. 1017, § 22, effective June 1; (5)(a), (5)(a.5), (5)(a.6), and (5.8) amended and (5)(j) added, pp. 1185, 1192, 1181, §§ 19, 40, 5, effective July 1; (5)(g)(I) and (5)(h)(I) amended, p. 1152, § 8, effective July 1; (4)(a), (5)(a), (5)(a.6), (5)(a.7), (5)(b), (5)(c)(II)(D), and (6) amended, pp. 1500, 1566, §§ 159, 388, effective October 1. L. 2003: (5)(g)(I) amended, p. 1433, § 25, effective April 29 and (5)(a) amended and (5)(a.3) added, p. 1436, § 33, effective July 1; (4)(a) amended, p. 813, § 3, effective July 1; (14) added, p. 2676, § 3, effective July 1. L. 2004: (1)(a), (1)(b), and (1)(c) amended, p. 437, § 1, effective April 13; (10) amended and (15) added, p. 587, § 1, effective April 21. L. 2006: (5)(a) amended, p. 1054, § 7, effective May 25; (5)(k) added, p. 342, § 5, effective July 1; (5)(h)(IV) added by revision, pp. 1689, 1693, §§ 6, 17. L. 2008: IP(5.5)(a), (5.5)(c), and (5.5)(e) amended, p. 461, § 1, effective April 14; (5)(f)(I)(B), (5)(f)(I)(C), (5)(f)(I)(D), (5)(f)(I)(F), (5)(f)(I)(G), (5.5)(c)(I), (5.5)(c)(II), (5.5)(c)(III), and (5.5)(d)(II)(A) amended, p. 657, § 6, effective April 25; (5.5)(c)(II) amended, p. 1888, § 49, effective August 5. L. 2010: (5.7)(a) amended, (SB 10-175), ch. 188, p. 784, § 24, effective April 29; (3.5) added, (HB 10-1374), ch. 261, p. 1187, § 9, effective May 25; (5.7)(d) amended, (HB 10-1260), ch. 403, p. 1986, § 75, effective July 1; (9)(a)(I) amended, (HB 10-1422), ch. 419, p. 2073, § 30, effective August 11. L. 2011: (1)(a), (3)(c), and (3)(c.5) amended and (1)(e), (3)(e), (3)(f), (3)(g), (3)(h), (3)(h.1), and (4)(f) added, (SB 11-241), ch. 200, pp. 832, 833, 834, §§ 2, 3, 4, effective May 23; (3.5) amended, (HB 11-1064), ch. 234, p. 1010, § 2, effective May 27; (5.7)(d) amended, (HB 11-1303), ch. 264, p. 1156, § 29, effective August 10. L. 2012: (3)(h.1)(I) amended, (HB 12-1310), ch. 268, p. 1403, § 27, effective June 7; (5.5)(b) amended, (HB 12-1311), ch. 281, p. 1617, § 36, effective July 1. L. 2013: (3)(h.1)(I) amended, (SB 13250), ch. 333, p. 1932, § 47, effective October 1. L. 2014: (5)(a.3)(I) amended, (SB 14-163), ch. 391, p. 1969, § 4, effective June 6. L. 2015: (4)(f)(I) and (9)(a)(I) amended and (3.7) added, (HB 15-1122), ch. 37, p. 88, § 2, effective March 20;(5.5)(e) amended, (SB 15-124), ch. 251, p. 918, § 4, effective May 29; (5.9) added, (HB 15-1043), ch. 262, p. 998, § 10, effective August 5. L. 2016: (4)(f)(I)(B) amended, (SB 16-189), ch. 210, p. 759, § 27, effective June 6. L. 2017: IP(5.7), (5.7)(a), and (5.7)(d) amended, (SB 17-242), ch. 263, p. 1253, § 11, effective May 25; (3.5) amended, (SB 17-031), ch. 92, p. 281, § 7, effective August 9; (4)(f)(I) amended, (HB 171326), ch. 394, p. 2030, § 4, effective August 9; (5)(c)(I), (5)(f)(I)(B), (5)(f)(I)(D), (5.5)(a), and (5.5)(c)(I) amended and (5)(f)(I)(F) and (5.5)(e) repealed, (HB 17-1308), ch. 371, p. 1928, § 2, effective August 9. L. 2018: (5)(a.3)(I) and (5)(a.6) amended, (HB 18-1029), ch. 153, p. 1087, § 2, effective April 23; (4)(f)(I)(D) amended, (HB 18-1375), ch. 274, p. 1700, § 19, effective May 29; (18) added, (HB 18-1410), ch. 394, p. 2353, § 2, effective June 6; (16) and (17) added, (HB 18-1251), ch. 272, p. 1669, § 1, effective August 8. L. 2019: (1)(a) amended and (1)(c.2) added, Colorado Revised Statutes 2019 Page 69 of 226 Uncertified Printout (SB 19-165), ch. 242, p. 2373, § 1, effective May 20; (3)(h.1)(I), (4)(f)(I)(C), (4)(f)(I)(D), and IP(5)(c)(II) amended and (4)(f)(I)(E) and (19) added, (SB 19-143), ch. 286, p. 2658, § 3, effective May 28. Editor's note: (1) This section is similar to former § 17-1-201 as it existed prior to 1977. (2) Amendments to subsections (5)(a) and (5)(a.6) by House Bill 02-1046 and Senate Bill 02-010 were harmonized, effective October 1, 2002. Amendments to subsection (5)(a.5) by House Bill 02-1223 and Senate Bill 02-010 were harmonized. Amendments to subsection (5)(g)(I) by Senate Bill 02-159 and Senate Bill 02-019 were harmonized. Amendments to subsection (5.8) by Senate Bill 02-159 and Senate Bill 02-010 were harmonized. (3) Subsection (5)(h)(IV) provided for the repeal of subsection (5)(h), effective July 1, 2007. (See L. 2006, pp. 1689, 1693.) (4) Amendments to subsection (5.5)(c) by Senate Bill 08-171 and Senate Bill 08-172 were harmonized. Cross references: For the legislative declaration contained in the 1994 act amending subsections (5.5)(b)(II) and (5.5)(c), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending subsections (4)(a), (5)(a), (5)(a.6), (5)(a.7), (5)(b), (5)(c)(II)(D), and (6), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2006 act amending subsection (5)(a), see section 1 of chapter 228, Session Laws of Colorado 2006. For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015. For the legislative declaration in SB 15-124, see section 1 of chapter 251, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017. For the legislative declaration in HB 17-1308, see section 1 of chapter 371, Session Laws of Colorado 2017. 17-2-201.5. Study of parole system. (Repealed) Source: L. 97: Entire section added, p. 30, § 9, effective March 20. L. 2000: Entire section repealed, p. 842, § 29, effective May 24. 17-2-202. Request for transfer - penitentiary to reformatory. (Repealed) Source: L. 77: Entire title R&RE, p. 914, § 10, effective August 1. L. 85: Entire section repealed, p. 641, § 11, effective July 1. Editor's note: This section was similar to former § 17-1-202 as it existed prior to 1977. 17-2-202.5. Administrative hearing officers and release hearing officers qualifications - duties. (1) (a) To be eligible to serve as an administrative hearing officer or administrative law judge under contract with the board, an attorney shall have five years' experience in the practice of law and be knowledgeable of parole laws and guidelines, offender Colorado Revised Statutes 2019 Page 70 of 226 Uncertified Printout rehabilitation, correctional administration, the functioning of the criminal justice system, issues associated with victims of crime, the duties of parole board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections. (b) An administrative hearing officer or administrative law judge under contract with the board is required to complete twelve hours annually of continuing education or training consistent with section 17-2-201 (1)(e). (c) An administrative hearing officer or administrative law judge under contract with the board shall comply with the data and information collection on decision-making as required by section 17-22.5-404 (6) and shall transmit this information as directed by the chairperson or board policy. (d) The sole remedy for failure to comply with training and data collection requirements shall be termination of the employee, and the failure to comply with training and data collection requirements shall not create any right for any offender. (2) (a) A release hearing officer shall have three years of relevant experience and be knowledgeable of parole laws and guidelines, offender rehabilitation, correctional administration, the functioning of the criminal justice system, the issues associated with victims of crime, the duties of parole board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections. (b) A release hearing officer under contract with the board is required to complete twelve hours annually of continuing education or training consistent with section 17-2-201 (1)(e). (c) A release hearing officer shall comply with the data and information collection on decision-making required by section 17-22.5-404 (6) and shall transmit this information as directed by the chairperson or board policy. (d) The sole remedy for failure to comply with training and data collection requirements shall be termination of the employee, and the failure to comply with training and data collection requirements shall not create any right for any offender. Source: L. 2011: Entire section added, (SB 11-241), ch. 200, p. 835, § 5, effective May 23. 17-2-203. Request for transfer - reformatory to penitentiary. (Repealed) Source: L. 77: Entire title R&RE, p. 914, § 10, effective August 1. L. 79: Entire section repealed, p. 705, § 88, effective July 1. Editor's note: This section was similar to former § 17-1-203 as it existed prior to 1977. 17-2-204. Parole may issue - when. (1) The board, pursuant to rules and regulations, may issue a parole or permit to go at large to any inmate who now is imprisoned in a correctional facility and who may have served the minimum term pronounced by the court or, in the absence of such minimum term pronounced by the court, the minimum term provided by law for the crime for which he was convicted. Colorado Revised Statutes 2019 Page 71 of 226 Uncertified Printout (2) (a) Any inmate who does not wish to be considered for parole shall sign a waiver witnessed by an institutional supervisory employee no later than thirty days prior to the date of the scheduled parole hearing. Except as otherwise provided in this subsection (2), any waiver signed by an inmate in accordance with this subsection (2) shall become effective on the date of signing and shall remain in effect for six months after the date of the scheduled parole hearing. The inmate may not withdraw such waiver or submit an application for parole at any time during the six-month period. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2), an inmate who waives parole consideration may, no later than thirty days prior to the date of the scheduled parole hearing, make a written request that the six-month waiver period be shortened to a lesser period of time. Such request shall specifically state grounds constituting sufficient and reasonable cause as to why the six-month waiver period should be shortened. Such request shall also specifically state the lesser period of time being requested by the inmate. The chairperson of the board, vice-chairperson of the board, or the designee of either, in his or her discretion, shall grant or deny the inmate's request for the shortened waiver period made under this paragraph (b). (c) If the inmate's request for the shortened waiver period is made and granted in accordance with paragraph (b) of this subsection (2), the inmate may not, at any time prior to the date of the rescheduled parole hearing, make another such request. In the event such inmate is not prepared for or otherwise not ready to proceed at the rescheduled parole hearing, the inmate shall be deemed to have waived parole consideration for a period of six months following the date of such hearing. Source: L. 77: Entire title R&RE, p. 914, § 10, effective August 1. L. 79: (1) amended, p. 688, § 28, effective July 1. L. 85: Entire section amended, p. 640, § 5, effective July 1. L. 2002: (2) amended, p. 38, § 1, effective March 21. Editor's note: This section is similar to former § 17-1-204 as it existed prior to 1977. 17-2-205. Time of parole not considered when convict is reincarcerated. (Repealed) Source: L. 77: Entire title R&RE, p. 915, § 10, effective August 1. L. 79: Entire section amended, p. 689, § 29, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 17-1-205 as it existed prior to 1977. 17-2-206. Parole not to be construed as discharge. (Repealed) Source: L. 77: Entire title R&RE, p. 915, § 10, effective August 1. L. 79: Entire section amended, p. 689, § 30, effective July 1. L. 81: Entire section amended, p. 959, § 1, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 17-1-206 as it existed prior to 1977. 17-2-207. Parole - regulations. Colorado Revised Statutes 2019 Page 72 of 226 Uncertified Printout (1) and (2) Repealed. (3) Offenders on parole shall remain under legal custody and shall be subject at any time to be returned to a correctional facility. (4) From and after the suspension, cancellation, or revocation of the parole of any prisoner and until his return to custody, he shall be deemed a parole violator and fugitive from justice, and no part of the time during which he was on parole shall be deemed a part of his term. Source: L. 77: Entire title R&RE, p. 915, § 10, effective August 1. L. 79: (1) and (3) amended, p. 689, § 31, effective July 1; (2) amended, p. 1635, § 26, effective July 1. L. 84: (1) and (2) repealed, p. 524, § 2, effective July 1. L. 85: (3) amended, p. 640, § 6, effective July 1. L. 2010: (3) amended, (HB 10-1374), ch. 261, p. 1181, § 4, effective May 25. Editor's note: This section is similar to former § 17-1-207 as it existed prior to 1977. Cross references: For other provisions concerning parole regulations, see § 17-22.5-104. 17-2-208. Effective date and application. (Repealed) Source: L. 77: Entire title R&RE, p. 915, § 10, effective August 1. L. 79: Entire section amended, p. 689, § 32, effective July 1; entire section amended, p. 1635, § 27, effective July 19. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 17-1-208 as it existed prior to 1977. 17-2-209. Civil proceedings - inmate subject to parole. When an inmate has met all of the requirements to be eligible for parole, but the board has reason to believe that the inmate may have a mental health disorder as defined in section 27-65-102, the board shall initiate civil proceedings pursuant to article 23 of this title 17 and articles 10.5, 65, 67, 92, 93, and 94 of title 27. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. L. 85: Entire section amended, p. 641, § 7, effective July 1. L. 2006: Entire section amended, p. 1398, § 45, effective August 7. L. 2010: Entire section amended, (SB 10-175), ch. 188, page 784, § 25, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1303, § 131, effective May 25. Editor's note: (1) This section is similar to former § 17-1-209 as it existed prior to 1977. (2) Articles 11 and 14 of title 27, which are included in the reference in this section, were repealed by L. 85, p. 1016, § 46. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-2-210. Duties of board. The board, acting through its chairperson or an assistant or a community parole officer, shall promptly commence civil proceedings pursuant to section 17-2Colorado Revised Statutes 2019 Page 73 of 226 Uncertified Printout 209 and shall notify the office of the attorney general, who shall then represent the board in the hearings. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. L. 85: Entire section amended, p. 641, § 8, effective July 1. L. 2008: Entire section amended, p. 658, § 7, effective April 25. Editor's note: This section is similar to former § 17-1-210 as it existed prior to 1977. 17-2-211. Jurisdiction of courts. All civil actions under sections 17-2-209 to 17-2-212 shall be brought in the court of proper jurisdiction in the county of Pueblo, state of Colorado. Wherever and whenever possible, qualified witnesses in the field of mental health shall be obtained from the Colorado mental health institute at Pueblo. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. L. 91: Entire section amended, p. 1143, § 6, effective May 18. Editor's note: This section is similar to former § 17-1-211 as it existed prior to 1977. 17-2-212. Duty of warden. If the board has previously considered an inmate for release and the inmate is still imprisoned and if the inmate's mental condition is questioned by a warden of a correctional facility, it is the duty of said warden to notify the chairperson of the board at least forty days prior to the discharge of the inmate, and the chairperson then shall proceed in the same manner outlined in sections 17-2-210 and 17-2-211. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. L. 79: Entire section amended, p. 690, § 33, effective July 1. L. 85: Entire section amended, p. 641, § 9, effective July 1. L. 2000: Entire section amended, p. 842, § 30, effective May 24. Editor's note: This section is similar to former § 17-1-212 as it existed prior to 1977. 17-2-213. Application of part. Effective July 1, 1979, the provisions of this part 2 relating to the power of the state board of parole to grant parole and to establish the duration of the term of parole shall apply only to persons sentenced for conviction of a felony committed prior to July 1, 1979, persons sentenced for conviction of a misdemeanor, persons sentenced for conviction of a sex offense, as defined in section 18-1.3-903 (5), C.R.S., or a class 1 felony, and persons sentenced as habitual criminals pursuant to section 18-1.3-801, C.R.S. Parole for persons sentenced for conviction of a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1979, or a level 1, level 2, level 3, or level 4 drug felony committed on or after October 1, 2013, shall be as provided in sections 18-1.3-401 and 18-1.3-401.5, C.R.S., and article 22.5 of this title. Source: L. 79: Entire section added, p. 667, § 13, effective July 1. L. 2002: Entire section amended, p. 1501, § 160, effective October 1. L. 2013: Entire section amended, (SB 13250), ch. 333, p. 1932, § 48, effective October 1. Colorado Revised Statutes 2019 Page 74 of 226 Uncertified Printout Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-2-214. Right to attend parole hearings. (1) The victim of any crime or any person requested by the victim to appear on behalf of such victim or a relative of the victim, if the victim has died or is a minor or is incapacitated and unable to appear, has the right to attend any parole proceeding under this title relative to said crime and has the right to appear, personally or with counsel, at the proceeding and to reasonably express his or her views concerning the crime, the offender, and whether or not the offender should be released on parole, and if so released under what conditions. The board, in deciding whether to release the offender on parole, and if so under what conditions, shall consider the testimony of such person. (2) (a) In the case of any offenses described in section 24-4.1-302 (1) or section 16-22102 (9), notice of any parole proceeding must be sent by the department of corrections, working in cooperation with the board, to any victim of the crime or relative of the victim, if the victim has died, at least sixty days before the hearing. Such notice must be sent to the last address in the possession of the department of corrections or the board, and the victim of the crime or relative of the victim, if the victim has died, has the duty to keep the department of corrections or the board informed of his or her most current address. (b) In the case of any offenses other than offenses described in subsection (2)(a) of this section, notice of any parole proceeding must be sent by the department of corrections, working in cooperation with the board, upon request of the victim to the department of corrections or the board, to any victim of the crime or relative of a victim, if the victim has died, who makes such a request at least sixty days before the hearing. Such notice shall be sent to the last address in the possession of the department of corrections or the board, and the victim of the crime or relative of the victim, if the victim has died, has the duty to keep the department of corrections or the board informed of his or her most current address. Source: L. 84: Entire section added, p. 499, § 2, effective July 1. L. 85: (1) amended, p. 643, § 3, effective July 1. L. 94: (2) amended, p. 2599, § 11, effective June 3. L. 2019: (2) amended, (HB 19-1064), ch. 296, p. 2750, § 3, effective May 28. Cross references: For the right to attend sentencing proceedings, see § 16-11-601; for the right to attend dispositional, review, and restitution proceedings under the "Colorado Children's Code", see § 19-2-112. 17-2-215. Notification of parole proceeding. In addition to the notice required by section 17-2-214 (2), the department of corrections shall establish a system of notification under which any person may make a written request to the department of corrections or the board for the notification of any parole proceeding concerning an offender, which notice shall be given by the department of corrections, working in cooperation with the board, at least thirty days before the hearing. Such notice shall be sent to the last-known address of the person making a written request for notification in the possession of the department of corrections or the board, and the person making such written request for notification has the duty to keep the department of corrections or the board informed of his or her current address. Colorado Revised Statutes 2019 Page 75 of 226 Uncertified Printout Source: L. 85: Entire section added, p. 644, § 4. L. 94: Entire section amended, p. 2599, § 12, effective June 3. 17-2-216. Application of sections 17-2-214 and 17-2-215. The provisions of sections 17-2-214 and 17-2-215 shall apply to any parole proceeding held on or after July 1, 1985, irrespective of when the offender was sentenced or incarcerated. Source: L. 85: Entire section added, p. 644, § 4, effective July 1. 17-2-217. Release hearing officers - pilot program. (1) The department and the board are hereby authorized to conduct a release hearing officers pilot program that utilizes the officers described in section 17-2-201 (3)(h.1). (2) Repealed. Source: L. 2001: Entire section added, p. 502, § 4, effective May 16. L. 2008: (2) repealed, p. 1888, § 50, effective August 5. L. 2018: (1) amended, (HB 18-1375), ch. 274, p. 1701, § 20, effective May 29. PART 3 COOPERATIVE RETURN OF PAROLE AND PROBATION VIOLATORS 17-2-301. Short title. This part 3 shall be known and may be cited as the "Cooperative Return of Parole and Probation Violators Act of 1957". Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. 17-2-302. Director - powers. The executive director is authorized to deputize any person regularly employed by the state of Colorado, or any person regularly employed by another state, to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this state. In any matter relating to the return of such a person, any agent so deputized shall have all the powers of a police official of this state. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. L. 2000: Entire section amended, p. 843, § 31, effective May 24. 17-2-303. Deputization. Any deputization pursuant to section 17-2-302 shall be in writing, and any person authorized to act as an agent of this state pursuant to this part 3 shall carry formal evidence of his deputization and shall produce the same upon demand. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. 17-2-304. Interstate agreements. The executive director is authorized to enter into contracts with similar officials of any other state, subject to approval of the governor, for the Colorado Revised Statutes 2019 Page 76 of 226 Uncertified Printout purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this state. Source: L. 77: Entire title R&RE, p. 916, § 10, effective August 1. L. 2000: Entire section amended, p. 843, § 32, effective May 24. PART 4 PREPAROLE FACILITIES AND PROGRAMS 17-2-401 to 17-2-405. (Repealed) Source: L. 97: Entire part repealed, p. 31, § 10, effective March 20. Editor's note: This part 4 was added in 1990. For amendments to this part 4 prior to its repeal in 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Care and Custody - Reimbursement ARTICLE 10 Cost of Care Reimbursement Editor's note: This article was added in 1989. This article was repealed and reenacted in 1994, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 17-10-101. Legislative declaration. The general assembly hereby finds that persons who are convicted of offenses in the state which result in such persons being confined to a local jail or a correctional facility, being sentenced to home detention, being placed on probation by the sentencing court, or being placed on parole by the state board of parole should be required, where appropriate, to reimburse the state or a county or a city and county for the cost of care incurred as a result of such sentence. The general assembly further finds that a convicted person's financial circumstances may be fraudulently misrepresented to the sentencing court or that such circumstances may change after sentencing so that a person who is unable to pay the cost of care at sentencing may be or become able to contribute to the cost of care at a later date. Source: L. 94: Entire article R&RE, p. 1359, § 4, effective July 1. L. 95: Entire section amended, p. 10, § 1, effective July 1. Colorado Revised Statutes 2019 Page 77 of 226 Uncertified Printout 17-10-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Cost of care" means the cost to the department or a county or a city and county charged with the custody of an offender for providing room, board, clothing, medical care, and other normal living expenses for an offender confined to a local jail or a correctional facility, or any costs associated with maintaining an offender in a home detention program contracted for by the department of public safety, as determined by the executive director of the department of corrections or the executive director of the department of public safety, whichever is appropriate, or the cost of supervision of probation when the offender is granted probation, or the cost of supervision of parole when the offender is placed on parole by the state board of parole, as determined by the court. (2) "Estate" means any tangible or intangible properties, real or personal, belonging to or due to an offender, including income or payments to such person received or earned prior to or during incarceration from salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever except federal benefits of any kind. Real property that is held in joint ownership or ownership in common with an offender's spouse, while being used and occupied by the spouse as a place of residence, shall not be considered a part of the estate of the offender for the purposes of this article. (3) "Offender" means a person confined to a correctional facility or a local jail as the result of a conviction of a crime or to home detention, a person placed on probation by the sentencing court, or a person placed on parole by the state board of parole. Source: L. 94: Entire article R&RE, p. 1360, § 4, effective July 1. L. 96: (2) amended, p. 1844, § 16, effective July 1. Editor's note: This section is similar to former § 17-10-102 as it existed prior to 1994. 17-10-103. Action for reimbursement of cost of care. (1) When any person has been sentenced to confinement in a local jail or a correctional facility or to home detention or has been granted probation or has been placed on parole by the state board of parole and the sentencing court has not entered an order pursuant to section 18-1.3-701, C.R.S., requiring such person to pay the full cost of care incurred during such person's sentence, the state, the appropriate prosecuting attorney, the department of corrections, the judicial department, or any government agency which has incurred cost of care of such person may file an action for reimbursement for cost of care. (2) In an action filed pursuant to this article, the plaintiff seeking reimbursement for cost of care shall demonstrate that the offender substantially misrepresented such offender's financial status to the sentencing court or that such offender's financial circumstances have changed substantially after sentencing. (3) If, after a hearing, the court determines that the offender has sufficient assets to pay all or part of the cost of care, the court shall order the offender to make such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime, which shall take priority over any payments ordered pursuant to this article, and for the maintenance and support of the offender's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the offender's estate. Colorado Revised Statutes 2019 Page 78 of 226 Uncertified Printout If the offender is confined to a local jail or a correctional facility or is under home detention, the court shall also consider the financial needs of the offender for the six-month period immediately following the offender's release, for the purpose of allowing the offender to seek employment. The court shall determine the amount which shall be paid by the offender for cost of care, which amount shall in no event be in excess of the per capita cost of maintaining prisoners in the local jail or a correctional facility, the per capita cost of maintaining an offender under home detention, the per capita cost of supervising an offender on probation, or the per capita cost of supervising an offender placed on parole, as the case may be. (4) After the set-offs for restitution and for maintenance and support as provided in subsection (3) of this section, any amounts recovered pursuant to this section that are available to reimburse the costs of providing medical care shall be used to reimburse the state for the state's financial participation for medical assistance if medical care is provided for the inmate or an infant of a female inmate under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S. Source: L. 94: Entire article R&RE, p. 1360, § 4, effective July 1. L. 95: (4) added, p. 336, § 4, effective April 27; (2) amended, p. 10, § 2, effective July 1. L. 2002: (1) amended, p. 1501, § 161, effective October 1. L. 2006: (4) amended, p. 2004, § 58, effective July 1. Editor's note: This section is similar to former § 17-10-104 as it existed prior to 1994. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-10-104. Action for reimbursement of cost of care - when commenced. (1) An action may be commenced pursuant to section 17-10-103 against any offender: (a) At any time during the imprisonment of such offender; (b) During the period of probation supervision of such offender; or (c) Within two years after the offender's release from imprisonment or release from probation supervision. (2) A plaintiff may recover the expenses incurred on behalf of an offender during the entire period the offender has been confined in a correctional facility or a local jail, under home detention, under probation supervision, or placed on parole. Source: L. 94: Entire article R&RE, p. 1361, § 4, effective July 1. Editor's note: (1) This section is similar to former § 17-10-105 as it existed prior to 1994. (2) The provisions of this section were renumbered to conform to C.R.S. standard numbering format. 17-10-105. Jurisdiction - process. (1) An action to recover cost of care brought pursuant to this article shall be brought in the district court of any county in which the offender has been confined, supervised on probation, or placed on parole. Colorado Revised Statutes 2019 Page 79 of 226 Uncertified Printout (2) The practice and procedure in an action to recover cost of care shall be governed by the Colorado rules of civil procedure. Source: L. 94: Entire article R&RE, p. 1361, § 4, effective July 1. 17-10-106. Costs of the action - payment by offender. If the court determines that the offender has a sufficient estate to pay the cost of care, the court may also order that such offender pay the costs of any action filed pursuant to this article. Source: L. 94: Entire article R&RE, p. 1361, § 4, effective July 1. Editor's note: This section is similar to former § 17-10-106 as it existed prior to 1994. CORRECTIONAL FACILITIES AND PROGRAMS Facilities ARTICLE 18 Correctional Facilities - Statutory Appropriations Editor's note: Amendments to this article by House Bill 08-1115, House Bill 08-1352, House Bill 08-1194, and Senate Bill 08-239 were harmonized. Cross references: For the designation of correctional facilities and authorization for the construction thereof, see sections 1 and 2 of chapter 120, Session Laws of Colorado 1990. 17-18-101. Appropriation to comply with section 2-2-703 - HB 08-1115 - repeal. (Repealed) Source: L. 2008: Entire article added, p. 1029, § 2, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2013. (See L. 2008, p. 1029.) 17-18-102. Appropriation to comply with section 2-2-703 - HB 08-1352 - repeal. (Repealed) Source: L. 2008: Entire article added, p. 1035, § 2, effective August 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2013. (See L. 2008, p. 1035.) 17-18-103. Appropriation to comply with section 2-2-703 - SB 08-239 - repeal. (Repealed) Colorado Revised Statutes 2019 Page 80 of 226 Uncertified Printout Source: L. 2008: Entire article added, p. 850, § 2, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2013. (See L. 2008, p. 850.) 17-18-104. Appropriation to comply with section 2-2-703 - HB 08-1194 - repeal. (Repealed) Source: L. 2008: Entire article added, p. 838, § 9, effective September 1. L. 2010: (1)(b)(I) repealed, (HB 10-1389), ch. 206, p. 897, § 7, effective May 5. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2013. (See L. 2008, p. 838.) 17-18-105. Appropriation to comply with section 2-2-703 - HB 10-1081 - repeal. (Repealed) Source: L. 2010: Entire section added, (HB 10-1081), ch. 256, p. 1141, § 7, effective August 11. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2015. (See L. 2010, p. 1141.) 17-18-106. Appropriation to comply with section 2-2-703 - HB 10-1277 - repeal. (Repealed) Source: L. 2010: Entire section added, (HB 10-1277), ch. 262, p. 1191, § 4, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2013. (See L. 2010, p. 1191.) 17-18-107. Appropriation to comply with section 2-2-703 - SB 10-128 - repeal. (Repealed) Source: L. 2010: Entire section added, (SB 10-128), ch. 415, p. 2048, § 10, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2015. (See L. 2010, p. 2048.) 17-18-108. Appropriation to comply with section 2-2-703 - HB 13-1154 - repeal. (Repealed) Colorado Revised Statutes 2019 Page 81 of 226 Uncertified Printout Source: L. 2013: Entire section added, (HB 13-1154), ch. 372, p. 2193, § 8, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2018. (See L. 2013, p. 2194.) 17-18-109. Appropriation to comply with section 2-2-703 - HB 13-1318 - repeal. (Repealed) Source: L. 2013: Entire section added, (HB 13-1318), ch. 330, p. 1875, § 3, effective December 10. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2016. (See L. 2013, p. 1875.) 17-18-110. Appropriation to comply with section 2-2-703 - HB 13-1325 - repeal. (Repealed) Source: L. 2013: Entire section added, (HB 13-1325), ch. 331, p. 1888, § 21, effective May 28. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2016. (See L. 2013, p. 1888.) 17-18-111. Appropriation to comply with section 2-2-703 - SB 14-049 - repeal. (Repealed) Source: L. 2014: Entire section added, (SB 14-049), ch. 271, p. 1090, § 2, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2019. (See L. 2014, p. 1090.) 17-18-112. Appropriation to comply with section 2-2-703 - SB 14-161 - repeal. (Repealed) Source: L. 2014: Entire section added, (SB 14-161), ch. 160, p. 567, § 30, effective May 9. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2017. (See L. 2014, p. 567.) 17-18-113. Appropriation to comply with section 2-2-703 - SB 14-092 - repeal. (Repealed) Colorado Revised Statutes 2019 Page 82 of 226 Uncertified Printout Source: L. 2014: Entire section added, (SB 14-092), ch. 190, p. 710, § 4, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2017. (See L. 2014, p. 710.) 17-18-114. Appropriation to comply with section 2-2-703 - HB 14-1037 - repeal. (Repealed) Source: L. 2014: Entire section added, (HB 14-1037), ch. 358, p. 1683, § 6, effective August 6. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2019. (See L. 2014, p. 1683.) 17-18-115. Appropriation to comply with section 2-2-703 - HB 14-1214 - repeal. (Repealed) Source: L. 2014: Entire section added, (HB 14-1214), ch. 336, p. 1500, § 14, effective August 6. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2019. (See L. 2014, p. 1500.) 17-18-116. Appropriation to comply with section 2-2-703 - SB 14-176 - repeal. (Repealed) Source: L. 2014: Entire section added, (SB 14-176), ch. 392, p. 1483, § 3, effective August 6. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2019. (See L. 2014, p. 1983.) 17-18-117. Appropriation to comply with section 2-2-703 - HB 15-1229 - repeal. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations are made in order to implement House Bill 15-1229, enacted in 2015: (a) For the 2016-17 state fiscal year, twenty-two thousand sixty-eight dollars is appropriated to the department from the general fund. (b) For the 2017-18 state fiscal year, twenty-two thousand sixty-eight dollars is appropriated to the department from the general fund. (c) For the 2018-19 state fiscal year, twenty-two thousand sixty-eight dollars is appropriated to the department from the general fund. (d) For the 2019-20 state fiscal year, five thousand seventy-six dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2020. Colorado Revised Statutes 2019 Page 83 of 226 Uncertified Printout Source: L. 2015: Entire section added, (HB 15-1229), ch. 239, p. 885, § 4, effective May 29. 17-18-118. Appropriation to comply with section 2-2-703 - HB 15-1305 - repeal. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations are made in order to implement House Bill 15-1305, enacted in 2015: (a) For the 2016-17 state fiscal year, twenty-two thousand sixty-eight dollars is appropriated to the department from the general fund. (b) For the 2017-18 state fiscal year, twenty-two thousand sixty-eight dollars is appropriated to the department from the general fund. (c) For the 2018-19 state fiscal year, eleven thousand thirty-four dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2020. Source: L. 2015: Entire section added, (HB 15-1305), ch. 242, p. 896, § 3, effective July 1. Cross references: For the legislative declaration in HB 15-1305, see section 1 of chapter 242, Session Laws of Colorado 2015. 17-18-119. Appropriation to comply with section 2-2-703 - HB 15-1341 - repeal. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations are made in order to implement House Bill 15-1341, enacted in 2015: (a) For the 2015-16 state fiscal year, eleven thousand thirty-four dollars is appropriated to the department from the general fund. (b) For the 2016-17 state fiscal year, two hundred seventy-five thousand eight hundred forty-nine dollars is appropriated to the department from the general fund. (c) For the 2017-18 state fiscal year, four hundred eighty-seven thousand seven hundred one dollars is appropriated to the department from the general fund. (d) For the 2018-19 state fiscal year, four hundred eighty-seven thousand seven hundred one dollars is appropriated to the department from the general fund. (e) For the 2019-20 state fiscal year, four hundred eighty-seven thousand seven hundred one dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2020. Source: L. 2015: Entire section added, (HB 15-1341), ch. 274, p. 1116, § 2, effective August 5. 17-18-120. Appropriation to comply with section 2-2-703 - HB 15-1043 - repeal. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations are made in order to implement House Bill 15-1043, enacted in 2015: (a) For the 2016-17 state fiscal year, two million five hundred eighty-one thousand nine hundred forty-four dollars is appropriated to the department from the general fund. (b) For the 2017-18 state fiscal year, six million four hundred ninety-seven thousand one hundred fifty-eight dollars is appropriated to the department from the general fund. Colorado Revised Statutes 2019 Page 84 of 226 Uncertified Printout (c) For the 2018-19 state fiscal year, nine million three hundred ninety-seven thousand six hundred eighty-nine dollars is appropriated to the department from the general fund. (d) For the 2019-20 state fiscal year, nine million three hundred ninety-seven thousand six hundred eighty-nine dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2020. Source: L. 2015: Entire section added, (HB 15-1043), ch. 262, p. 998, § 11, effective August 5. 17-18-121. Appropriation to comply with section 2-2-703 - SB 15-067 - repeal. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations are made in order to implement Senate Bill 15-067, enacted in 2015: (a) For the 2016-17 state fiscal year, two hundred nineteen thousand five hundred seventy-six dollars is appropriated to the department from the general fund. (b) For the 2017-18 state fiscal year, three hundred twenty-nine thousand three hundred sixty-three dollars is appropriated to the department from the general fund. (c) For the 2018-19 state fiscal year, four hundred seventeen thousand six hundred thirty-five dollars is appropriated to the department from the general fund. (d) For the 2019-20 state fiscal year, five hundred five thousand nine hundred seven dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2020. Source: L. 2015: Entire section added, (SB 15-067), ch. 337, p. 1368, § 5, effective September 1. 17-18-122. Appropriation to comply with section 2-2-703 - SB 16-142 - repeal. (Repealed) Source: L. 2016: Entire section added, (SB 16-142), ch. 173, p. 593, § 83, effective May 18. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2019. (See L. 2016, p. 593.) 17-18-123. Appropriation to comply with section 2-2-703 - HB 16-1080 - repeal. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations are made in order to implement House Bill 16-1080, enacted in 2016: (a) For the 2017-18 state fiscal year, forty-three thousand seven hundred twenty-seven dollars is appropriated to the department from the general fund; (b) For the 2018-19 state fiscal year, eighty-seven thousand four hundred fifty-four dollars is appropriated to the department from the general fund; (c) For the 2019-20 state fiscal year, one hundred thirty-one thousand one hundred eighty-one dollars is appropriated to the department from the general fund; and (d) For the 2020-21 state fiscal year, one hundred seventy thousand nine hundred dollars is appropriated to the department from the general fund. Colorado Revised Statutes 2019 Page 85 of 226 Uncertified Printout (2) This section is repealed, effective July 1, 2021. Source: L. 2016: Entire section added, (HB 16-1080), ch. 327, p. 1328, § 4, effective July 1. 17-18-124. Appropriation to comply with section 2-2-703 - HB 18-1200 - repeal. (1) Pursuant to section 2-2-703, the following statutory appropriations are made in order to implement House Bill 18-1200, enacted in 2018: (a) For the 2019-20 state fiscal year, twenty-two thousand seventy-two dollars is appropriated to the department from the general fund; (b) For the 2020-21 state fiscal year, thirty-four thousand six hundred seventy-seven dollars is appropriated to the department from the general fund; (c) For the 2021-22 state fiscal year, thirty-nine thousand three hundred thirty-four dollars is appropriated to the department from the general fund; and (d) For the 2022-23 state fiscal year, thirty-nine thousand three hundred thirty-four dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2023. Source: L. 2018: Entire section added, (HB 18-1200), ch. 379, p. 2294, § 8, effective August 8. 17-18-125. Appropriation to comply with section 2-2-703 - SB 18-119 - repeal. (1) Pursuant to section 2-2-703, the following statutory appropriations are made in order to implement Senate Bill 18-119, enacted in 2018: (a) For the 2018-19 state fiscal year, twenty-two thousand seventy-two dollars is appropriated to the department from the general fund; (b) For the 2019-20 state fiscal year, thirty-four thousand six hundred seventy-seven dollars is appropriated to the department from the general fund; (c) For the 2020-21 state fiscal year, thirty-nine thousand three hundred thirty-four dollars is appropriated to the department from the general fund; (d) For the 2021-22 state fiscal year, thirty-nine thousand three hundred thirty-four dollars is appropriated to the department from the general fund; and (e) For the 2022-23 state fiscal year, thirty-nine thousand three hundred thirty-four dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2023. Source: L. 2018: Entire section added, (SB 18-119), ch. 299, p. 1822, § 2, effective August 8. 17-18-126. Appropriation to comply with section 2-2-703 - HB 18-1077 - repeal. (1) Pursuant to section 2-2-703, the following statutory appropriations are made in order to implement House Bill 18-1077, enacted in 2018: (a) For the 2020-21 state fiscal year, sixty-nine thousand eight hundred fifty-six dollars is appropriated to the department from the general fund; Colorado Revised Statutes 2019 Page 86 of 226 Uncertified Printout (b) For the 2021-22 state fiscal year, four hundred sixty-seven thousand one hundred forty-four dollars is appropriated to the department from the general fund; and (c) For the 2022-23 state fiscal year, eight hundred sixty-four thousand four hundred thirty-two dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2023. Source: L. 2018: Entire section added, (HB 18-1077), ch. 376, p. 2281, § 3, effective June 6. 17-18-127. Appropriation to comply with section 2-2-703 - SB 19-172. (1) Pursuant to section 2-2-703, the following statutory appropriations are made in order to implement Senate Bill 19-172, enacted in 2019: (a) For the 2019-20 state fiscal year, one hundred ten thousand six hundred fifty-two dollars is appropriated from the capital construction fund created in section 24-75-302 to the corrections expansion reserve fund created in section 17-1-116. (b) For the 2020-21 state fiscal year, twenty-six thousand two hundred twenty dollars is appropriated to the department from the general fund. (c) For the 2021-22 state fiscal year, one thousand nine hundred two dollars is appropriated to the department from the general fund. Source: L. 2019: Entire section added, (SB 19-172), ch. 365, p. 3360, § 4, effective July 1. Editor's note: Section 6 of chapter 365 (SB 19-172), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after July 1, 2019. Cross references: For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019. 17-18-128. Appropriation to comply with section 2-2-703 - HB 19-1250 - repeal. (1) Pursuant to section 2-2-703, the following statutory appropriations are made in order to implement House Bill 19-1250, enacted in 2019: (a) For the 2019-20 state fiscal year, one hundred seventy-eight thousand four hundred seventy-one dollars is appropriated from the capital construction fund created in section 24-75302 to the corrections expansion reserve fund created in section 17-1-116. (b) For the 2020-21 state fiscal year, thirty-nine thousand seven hundred one dollars is appropriated to the department from the general fund. (c) For the 2021-22 state fiscal year, forty-three thousand nine hundred sixteen dollars is appropriated to the department from the general fund. (d) For the 2022-23 state fiscal year, forty-three thousand three hundred eleven dollars is appropriated to the department from the general fund. (e) For the 2023-24 state fiscal year, forty-one thousand four hundred ninety-one dollars is appropriated to the department from the general fund. (2) This section is repealed, effective July 1, 2024. Colorado Revised Statutes 2019 Page 87 of 226 Uncertified Printout Source: L. 2019: Entire section added, (HB 19-1250), ch. 287, p. 2664, § 6, effective July 1. Editor's note: Section 8 of chapter 287 (HB 19-1250), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after July 1, 2019. ARTICLE 19 Correctional Facilities Visitors and Employees Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in §§ 27-2-109 and 27-2-110. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. 17-19-101. Visitors at correctional facilities. (1) Any person who wishes to enter a correctional facility shall be asked, prior to entering the facility, to sign a consent form in which the visitor shall give his consent to be stopped and searched by a person of the same sex and to have his vehicle, if any, searched without probable cause while in the correctional facility. Said form shall be as promulgated by the executive director with the advice of the attorney general. A person who refuses to sign said form shall not be admitted to a correctional facility. (2) At each entrance to a correctional facility, the executive director shall cause to be displayed at all times in a prominent place a sign in English and in Spanish with a minimum height of two feet and a minimum width of three feet and with each letter to be a minimum of two inches in height, which shall read as follows: NOTICE ANY PERSON WHO WISHES TO ENTER THIS CORRECTIONAL FACILITY SHALL BE ASKED, PRIOR TO ENTERING THE FACILITY, TO SIGN A CONSENT FORM IN WHICH SAID PERSON SHALL GIVE HIS CONSENT TO BE STOPPED AND SEARCHED BY A PERSON OF THE SAME SEX AND TO HAVE HIS VEHICLE, IF ANY, SEARCHED WITHOUT PROBABLE CAUSE WHILE IN THE CORRECTIONAL FACILITY. ANY PERSON WHO REFUSES TO SIGN SAID FORM SHALL NOT BE ADMITTED TO THIS CORRECTIONAL FACILITY. (3) "Correctional facility", as used in this section, 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. Source: L. 77: Entire title R&RE, p. 917, § 10, effective August 1. Editor's note: This section is similar to former § 27-2-109 as it existed prior to 1977. Cross references: For visitors at correctional facilities, see § 17-20-124. Colorado Revised Statutes 2019 Page 88 of 226 Uncertified Printout 17-19-102. Employees of correctional facilities. Any person who wishes to become or to continue as an employee, including but not limited to contract employees and volunteers, of a correctional facility, as defined in section 17-19-101 (3), shall sign, as a condition of his or her employment or of volunteering, a consent form in which the employee or volunteer shall give his or her consent to be stopped and searched without probable cause by a person of the same sex while engaged in the performance of his or her duties within or around the correctional facility. Said form shall be as promulgated by the executive director with the advice of the attorney general. Source: L. 77: Entire title R&RE, p. 917, § 10, effective August 1. L. 2000: Entire section amended, p. 843, § 33, effective May 24. Editor's note: This section is similar to former § 27-2-110 as it existed prior to 1977. ARTICLE 20 Correctional Facilities Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 20 of title 27. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. Law reviews: For article, "Civil Rights", which discusses Tenth Circuit decisions dealing with prisoners' rights, see 61 Den. L.J. 182 (1984). 17-20-101. State institutions. All correctional facilities under the supervision of the executive director, wherever located, shall be maintained as state institutions. Source: L. 77: Entire title R&RE, p. 917, § 10, effective August 1. L. 79: Entire section amended, p. 690, § 34, effective July 1. L. 93: Entire section amended, p. 49, § 1, effective July 1. Editor's note: This section is similar to former § 27-20-101 as it existed prior to 1977. 17-20-102. Administration of correctional facilities - wardens - reports. (1) The organization and administration of all correctional facilities under the supervision of the executive director shall be the responsibility of such executive director. (2) (Deleted by amendment, L. 93, p. 49, § 2, effective July 1, 1993.) (3) The wardens of correctional facilities shall report to such persons as the executive director designates at such times and on such matters as the executive director may require. Publications of all correctional facilities under the supervision of the executive director that are intended to be circulated in quantity outside such facilities are subject to the approval and control of the executive director or the executive director's designee. Colorado Revised Statutes 2019 Page 89 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 917, § 10, effective August 1. L. 79: Entire section amended, p. 690, § 35, effective July 1. L. 93: Entire section amended, p. 49, § 2, effective July 1. L. 94: (3) amended, p. 603, § 5, effective July 1. L. 2000: (3) amended, p. 843, § 34, effective May 24. Editor's note: This section is similar to former § 27-20-102 as it existed prior to 1977. 17-20-103. Wardens and others - conservators of peace. The wardens of all correctional facilities under the supervision of the executive director and the staff of such correctional facilities shall be conservators of the peace. As such they shall have the power to arrest or cause to be arrested, with or without process, upon any grounds owned or leased by this state and used by such correctional facilities, any person who breaks the peace, has an outstanding arrest warrant, or is found upon said grounds violating any criminal law of this state and to turn such person over to local law enforcement for detainment and disposition. Local law enforcement authorities are obligated to respond at the facilities' request to carry out the provisions of this section. Source: L. 77: Entire title R&RE, p. 918, § 10, effective August 1. L. 79: Entire section amended, p. 690, § 36, effective July 1. L. 93: Entire section amended, p. 50, § 3, effective July 1. L. 94: Entire section amended, p. 603, § 6, effective July 1. L. 2000: Entire section amended, p. 843, § 35, effective May 24. Editor's note: This section is similar to former § 27-20-103 as it existed prior to 1977. Cross references: For authority of a peace officer to make an arrest, see part 1 of article 3 of title 16; for use of physical force by an authorized official of a jail, prison, or correctional institution, see § 18-1-703(1)(b). 17-20-104. Reduced time for good conduct. (Repealed) Source: L. 77: Entire title R&RE, p. 918, § 10, effective August 1. L. 79: Entire section amended, p. 691, § 37, effective July 1. L. 84: Entire section repealed, p. 515, § 1, effective March 16; entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-104 as it existed prior to 1977. 17-20-105. Trusty prisoners - allowance. (Repealed) Source: L. 77: Entire title R&RE, p. 918, § 10, effective August 1. L. 79: Entire section amended, p. 691, § 38, effective July 1. L. 84: Entire section repealed, p. 515, § 1, effective March 16; entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-105 as it existed prior to 1977. 17-20-106. Forfeiture of good time. (Repealed) Colorado Revised Statutes 2019 Page 90 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 918, § 10, effective August 1. L. 79: Entire section amended, p. 691, § 39, effective July 1. L. 84: Entire section repealed, p. 515, § 1, effective March 16; entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-106 as it existed prior to 1977. 17-20-107. Good time credit allowable. (Repealed) Source: L. 77: Entire title R&RE, p. 919, § 10, effective August 1. L. 79: (1), (2), IP (3), and (4) amended, p. 692, § 40, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-107 as it existed prior to 1977. 17-20-108. Credits forfeited upon misbehavior. (Repealed) Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-108 as it existed prior to 1977. 17-20-109. Sections affect only certain prisoners. (Repealed) Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 79: Entire section amended, p. 693, § 41, effective July 1. L. 84: Entire section repealed, p. 515, § 1, effective March 16; entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-109 as it existed prior to 1977. 17-20-110. Forfeiture for violation of rules. (Repealed) Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 79: Entire section amended, p. 693, § 42, effective July 1. L. 84: Entire section repealed, p. 515, § 1, effective March 16; entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-110 as it existed prior to 1977. 17-20-111. One continuous sentence. (Repealed) Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-111 as it existed prior to 1977. Colorado Revised Statutes 2019 Page 91 of 226 Uncertified Printout 17-20-112. Wardens shall record infractions. It is the duty of the wardens to keep a record of all infractions of the prison rules and regulations, as prescribed by the department. Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 79: Entire section amended, p. 693, § 43, effective July 1. L. 2000: Entire section amended, p. 844, § 36, effective May 24. Editor's note: This section is similar to former § 27-20-112 as it existed prior to 1977. 17-20-113. Behavior certificate - citizenship. (Repealed) Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 79: Entire section amended, p. 693, § 44, effective July 1. L. 93: Entire section repealed, p. 50, § 4, effective July 1. Editor's note: This section was similar to former § 27-20-113 as it existed prior to 1977. 17-20-114. Federal prisoners - others. (Repealed) Source: L. 77: Entire title R&RE, p. 920, § 10, effective August 1. L. 79: Entire section amended, p. 693, § 45, effective July 1. L. 93: Entire section repealed, p. 50, § 5, effective July 1. Editor's note: This section was similar to former § 27-20-114 as it existed prior to 1977. 17-20-114.5. Restriction of privileges in correctional facilities - restriction of privileges because of lawsuit filed without justification. (1) Any person convicted of a crime and confined in any state correctional facility listed in section 17-1-104.3 is not entitled to any privileges that may be made available by the department. If any such person is required by the department to perform any available labor, participate in any available educational program or work program, undergo any available counseling, or any one or a combination of the foregoing and such person does not perform the labor, participate in the program, undergo the counseling, or do any one or a combination of the foregoing as required by the department, the department shall deny specified privileges to such person. The privileges that the department shall deny to such person include, but are not limited to, television, radios, entertainment systems, and access to snacks. If the department denies television privileges, it may allow a person to watch television for educational purposes, including public television broadcasts transmitted to or available to the facility. A person who is physically unable to perform labor, participate in an educational program or work program, or undergo counseling may be allowed the privileges specified in this subsection (1). Nothing in this subsection (1) shall be construed to grant as a right any such labor, program, or counseling or any privileges listed in this subsection (1). (2) (a) If any person is convicted of a crime and confined in any state correctional facility listed in section 17-1-104.3 or in any facility that houses adult offenders and such person files a lawsuit against the state of Colorado or against any state government official, officer, employee, or agent, the department or its agent having custody of the person shall deny specified Colorado Revised Statutes 2019 Page 92 of 226 Uncertified Printout privileges to such person if, upon the motion of any party or the court itself, a state or federal court finds that the action, or any part thereof, lacked substantial justification, was baseless, or was malicious or that the action, or any part thereof, was interposed for harassment. As used in this subsection (2), "lacked substantial justification" has the same meaning as that provided for such term in section 13-17-102 (4), C.R.S. (b) The privileges denied to a person pursuant to the provisions of this subsection (2) include, but are not limited to, the privileges described in subsection (1) of this section. The department or its agent having custody of the person shall deny the privileges to the person for a period not to exceed one hundred twenty days for any such lawsuit. (c) The department or its agent having custody of the person may not deny privileges to a person pursuant to the provisions of this subsection (2) if the court determines the lawsuit was asserted by the person in a good faith attempt to establish a new theory of law in Colorado. (d) The department or its agent having custody of the person may determine not to deny privileges to a person pursuant to the provisions of this subsection (2) if, after filing the lawsuit, a voluntary dismissal of the action is filed within a reasonable time after the person filing the dismissal knew, or reasonably should have known, that he or she would not prevail in the action. Source: L. 94: Entire section added, p. 1407, § 1, effective July 1. L. 95: Entire section amended, p. 300, § 1, effective July 1. L. 2000: (1) amended, p. 844, § 37, effective May 24. 17-20-115. Persons to perform labor. All persons convicted of any crime and confined in any state correctional facilities under the laws of this state, except such as are precluded by the terms of the judgment of conviction, shall perform labor under such rules and regulations as may be prescribed by the department. Source: L. 77: Entire title R&RE, p. 921, § 10, effective August 1. L. 79: Entire section amended, p. 694, § 46, effective July 1. L. 93: Entire section amended, p. 50, § 6, effective July 1. Editor's note: This section is similar to former § 27-20-115 as it existed prior to 1977. 17-20-116. County or municipal roadwork. (Repealed) Source: L. 77: Entire title R&RE, p. 921, § 10, effective August 1. L. 79: Entire section amended, p. 694, § 47, effective July 1. L. 93: Entire section amended, p. 51, § 7, effective July 1. L. 94: Entire section amended, p. 603, § 7, effective July 1. L. 95: Entire section repealed, p. 875, § 8, effective May 24. Editor's note: This section was similar to former § 27-20-116 as it existed prior to 1977. 17-20-117. Labor of inmates. Every able-bodied inmate shall be put to and kept at the work most suitable to such inmate's capacity and most advantageous to the people of this state. Inmates who work in the department shall not be entitled to any right, benefit, or privilege applicable to employees of the state of Colorado. Colorado Revised Statutes 2019 Page 93 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 921, § 10, effective August 1. L. 79: Entire section amended, p. 694, § 48, effective July 1. L. 93: Entire section amended, p. 51, § 8, effective July 1. L. 2000: Entire section amended, p. 844, § 38, effective May 24. Editor's note: This section is similar to former § 27-20-117 as it existed prior to 1977. Cross references: For correctional industries, see article 24 of this title. 17-20-118. Computation of time. (Repealed) Source: L. 77: Entire title R&RE, p. 921, § 10, effective August 1. L. 79: Entire section amended, p. 694, § 49, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-118 as it existed prior to 1977. 17-20-119. Discharge - clothes, money, transportation. (Repealed) Source: L. 77: Entire title R&RE, p. 921, § 10, effective August 1. L. 79: Entire section amended, p. 695, § 50, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-119 as it existed prior to 1977. 17-20-120. Convict to leave county. (Repealed) Source: L. 77: Entire title R&RE, p. 922, § 10, effective August 1. L. 79: Entire section amended, p. 695, § 51, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-120 as it existed prior to 1977. 17-20-121. Failure to observe conditions - penalty. (Repealed) Source: L. 77: Entire title R&RE, p. 922, § 10, effective August 1. L. 79: Entire section amended, p. 696, § 52, effective July 1. L. 84: Entire section repealed, p. 524, § 2, effective July 1. Editor's note: This section was similar to former § 27-20-121 as it existed prior to 1977. 17-20-122. Justification of officer. If an inmate sentenced to any state correctional facility resists the authority of any officer or refuses to obey any officer's lawful commands, it is the duty of such officer immediately to enforce obedience by the use of such weapons or other aid as may be effectual. If in so doing any inmate thus resisting is wounded or killed by such officer or such officer's assistants, such use of force is justified and any officer using such force Colorado Revised Statutes 2019 Page 94 of 226 Uncertified Printout shall be held guiltless; but such officer shall not be excused for using greater force than the emergency of the case demands. Source: L. 77: Entire title R&RE, p. 922, § 10, effective August 1. L. 79: Entire section amended, p. 696, § 53, effective July 1. L. 93: Entire section amended, p. 51, § 9, effective July 1. Editor's note: This section is similar to former § 27-20-122 as it existed prior to 1977. Cross references: For the use of physical force by an authorized official of a jail, prison, or correctional institution, see § 18-1-703 (1)(b); for use of force in preventing escape from a detention facility, see § 18-1-707 (8). 17-20-123. Insurrection - duty of citizens. It is the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection among the inmates sentenced to any correctional facilities under the supervision of the executive director and to prevent the escape or rescue of any such inmate therefrom, or from any other legal confinement, or from any person in whose legal custody such inmate may be. If, in so doing or in arresting any inmate who may have escaped, such officer or other person wounds or kills such inmate or other person aiding or assisting such inmate, such officer or other person shall be justified and held guiltless; but such officer or other person shall not be excused for using greater force than the emergency of the case demands. Source: L. 77: Entire title R&RE, p. 922, § 10, effective August 1. L. 79: Entire section amended, p. 696, § 54, effective July 1. L. 93: Entire section amended, p. 51, § 10, effective July 1. Editor's note: This section is similar to former § 27-20-123 as it existed prior to 1977. Cross references: For authority of a peace officer to enlist the services of a private citizen and the liability of said person in performing such service, see § 16-3-202; for authority of sheriffs to command aid, see § 30-10-516. 17-20-124. Visitors at correctional facilities. The following persons are authorized to visit any correctional facilities under the supervision of the executive director at pleasure: The governor and the judges of the supreme court, court of appeals, and district courts. No other persons shall be permitted to go within a correctional facility where inmates are confined, except as otherwise provided under prison rules or by special permission of the warden. Source: L. 77: Entire title R&RE, p. 922, § 10, effective August 1. L. 79: Entire section amended, p. 696, § 55, effective July 1. L. 93: Entire section amended, p. 52, § 11, effective July 1. L. 94: Entire section amended, p. 604, § 8, effective July 1. L. 2000: Entire section amended, p. 844, § 39, effective May 24. Editor's note: This section is similar to former § 27-20-124 as it existed prior to 1977. Colorado Revised Statutes 2019 Page 95 of 226 Uncertified Printout Cross references: For visitors at correctional facilities, see § 17-19-101. 17-20-125. Revolving fund. (Repealed) Source: L. 77: Entire title R&RE, p. 923, § 10, effective August 1. L. 79: Entire section amended, p. 696, § 56, effective July 1. L. 93: Entire section repealed, p. 52, § 12, effective July 1. Editor's note: This section was similar to former § 27-20-125 as it existed prior to 1977. 17-20-126. Correctional facilities for women. (Repealed) Source: L. 93: Entire section added, p. 52, § 13, effective July 1. L. 2000: Entire section repealed, p. 845, § 40, effective May 24. 17-20-127. Canteen, vending machine, and library fund created - receipts disbursements. (Repealed) Source: L. 93: Entire section added, p. 52, § 13, effective July 1. L. 2000: Entire section amended, p. 845, § 41, effective May 24. L. 2002: Entire section repealed, p. 57, § 4, effective July 1. Cross references: For current provisions concerning the canteen, vending machine, and library account, see § 17-24-126. 17-20-128. State authorized to receive Fort Lyon property - repeal. (Repealed) Source: L. 2001: Entire section added, p. 497, § 2, effective May 3. L. 2011: (3) added by revision, (SB 11-214), ch. 147, pp. 512, 513, §§ 3, 4. Editor's note: Subsection (3) provided for the repeal of this section, effective March 1, 2012. (See L. 2011, pp. 512, 513.) ARTICLE 21 Women's Correctional Institution 17-21-101 and 17-21-102. (Repealed) Source: L. 93: Entire article repealed, p. 55, § 22, effective July 1. Editor's note: (1) The provisions of this article were similar to article 21 of title 27 as it existed prior to 1977. (2) This title was repealed and reenacted in 1977, and this article was subsequently repealed in 1993. For amendments to this article prior to its repeal in 1993, consult the Colorado Colorado Revised Statutes 2019 Page 96 of 226 Uncertified Printout statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. ARTICLE 22 Reformatory 17-22-101 to 17-22-110. (Repealed) Source: L. 93: Entire article repealed, p. 55, § 22, effective July 1. Editor's note: (1) The provisions of this article were similar to article 22 of title 27 as it existed prior to 1977. (2) This title was repealed and reenacted in 1977, and this article was subsequently repealed in 1993. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. ARTICLE 22.5 Inmate and Parole Time Computation Editor's note: This article was added in 1979. This article was repealed and reenacted in 1984, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. PART 1 APPLICABILITY 17-22.5-101. One continuous sentence. For the purposes of this article, when any inmate has been committed under several convictions with separate sentences, the department shall construe all sentences as one continuous sentence. Source: L. 84: Entire article R&RE, p. 517, § 1, effective July 1. 17-22.5-102. Custody of department. When any person is sentenced to any correctional facility, that person shall be deemed to be in the custody of the executive director or his designee and shall begin serving his sentence on the date of sentencing. Colorado Revised Statutes 2019 Page 97 of 226 Uncertified Printout Source: L. 84: Entire article R&RE, p. 517, § 1, effective July 1. 17-22.5-102.5. Purpose of parole. (1) The purposes of this article with respect to parole are: (a) To further all purposes of sentencing and improve public safety by reducing the incidence of crime and technical parole violations committed by people on parole; (b) To prepare, select, and assist people who, after serving a statutorily defined period of incarceration, will be transitioned and returned to the community; (c) To set individualized conditions of parole and to provide supervision services and support to assist people on parole in addressing identified risks and needs; and (d) To achieve a successful discharge from parole supervision for people on parole through compliance with the terms and conditions of release that address their risks and needs. Source: L. 85: Entire section added, p. 648, § 2, effective July 1. L. 2016: (1) amended, (HB 16-1215), ch.120, p. 341, § 1, effective August 10. 17-22.5-103. Computation of time. No inmate shall be discharged from the department until he has remained the full term for which he was sentenced, to be computed on and after the day on which he was received into the same and excluding any time the inmate may have been at large by reason of escape therefrom, unless he is pardoned or otherwise released by legal authority. Source: L. 84: Entire article R&RE, p. 517, § 1, effective July 1. 17-22.5-104. Parole - regulations. (1) Any inmate in the custody of the department may be allowed to go on parole in accordance with section 17-22.5-403, subject to the provisions and conditions contained in this article and article 2 of this title. (2) (a) No inmate imprisoned under a life sentence for a crime committed before July 1, 1977, shall be paroled until such inmate has served at least ten calendar years, and no application for parole shall be made or considered during such period of ten years. (b) No inmate imprisoned under a life sentence for a crime committed on or after July 1, 1977, but before July 1, 1985, shall be paroled until such inmate has served at least twenty calendar years, and no application for parole shall be made or considered during such period of twenty years. (c) (I) Except as described in section 18-1.3-401 (4)(c), C.R.S., and in subparagraphs (IV) and (V) of paragraph (d) of this subsection (2), no inmate imprisoned under a life sentence for a crime committed on or after July 1, 1985, shall be paroled until such inmate has served at least forty calendar years, and no application for parole shall be made or considered during such period of forty years. (II) Subparagraph (I) of this paragraph (c) does not apply to an inmate sentenced pursuant to section 16-13-101 (2), C.R.S., as it existed prior to July 1, 1993, for any crime committed on or after July 1, 1985, and the inmate shall be eligible for parole after the inmate has served forty calendar years less any time authorized pursuant to section 17-22.5-405. (d) (I) No inmate imprisoned under a life sentence for a class 1 felony committed on or after July 1, 1990, shall be eligible for parole. Colorado Revised Statutes 2019 Page 98 of 226 Uncertified Printout (II) This paragraph (d) shall not apply to any inmate sentenced pursuant to section 181.3-801 (2), C.R.S., for any crime committed on or after July 1, 1993, and any such inmate shall be eligible for parole in accordance with section 17-22.5-403. (III) No inmate imprisoned under a life sentence pursuant to section 18-1.3-801 (2.5), C.R.S., and no inmate imprisoned under a life sentence pursuant to section 18-1.3-801 (1), C.R.S., on and after July 1, 1994, for a crime committed on and after that date, shall be paroled until such inmate has served at least forty calendar years, and no application for parole shall be made or considered during such period of forty years. (IV) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), an inmate imprisoned under a life sentence for a class 1 felony committed before July 1, 1990, or on or after July 1, 2006, who was convicted as an adult following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., may be eligible for parole after the inmate has served at least forty years, less any earned time granted pursuant to section 17-22.5-405. An application for parole may not be made or considered during this period. (V) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), an inmate sentenced to life imprisonment for a class 1 felony committed on or after July 1, 1990, and before July 1, 2006, who was convicted as an adult following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, may be eligible for parole after serving forty years, less any earned time granted pursuant to section 17-22.5-405. (3) Repealed. Source: L. 84: Entire article R&RE, p. 518, § 1, effective July 1. L. 85: (2)(b) amended and (2)(c) added, p. 648, § 3, effective July 1; (2)(b) amended and (2)(c) added, p. 657, § 5, effective July 1. L. 87: (3) added, p. 654, § 9, effective July 1. L. 90: (1) amended, p. 954, § 24, effective July 1; (2)(d) added, p. 928, § 3, effective July 1. L. 91: (2)(d) amended, p. 404, § 4, effective June 6. L. 93: (1) and (2) amended, p. 1977, § 3, effective July 1. L. 94: (2)(d)(III) amended, p. 1472, § 2, effective May 31. L. 2002: (2)(d)(II) and (2)(d)(III) amended, p. 1501, § 162, effective October 1. L. 2006: (2)(d)(IV) added, p. 1052, § 3, effective May 25. L. 2015: (2)(c) and (2)(d)(I) amended, (HB 15-1203), ch. 154, p. 461, § 1, effective August 5. L. 2016: (2)(c)(I) and (2)(d)(IV) amended and (2)(d)(V) added, (SB 16-181), ch. 353, p. 1449, § 2, effective June 10. Editor's note: (1) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 1990. (See L. 87, p. 654.) (2) Section 2 of chapter 154 (HB 15-1203), Session Laws of Colorado 2015, provides that the act amending subsection (2)(c) applies to an inmate sentenced pursuant to section 16-13101 (2), Colorado Revised Statutes, as it existed prior to July 1, 1993, for any crime committed on or after July 1, 1985. Cross references: (1) For other provisions concerning parole regulations, see § 17-2207. Colorado Revised Statutes 2019 Page 99 of 226 Uncertified Printout (2) For the legislative declaration contained in the 2002 act amending subsections (2)(d)(II) and (2)(d)(III), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2006 act enacting subsection (2)(d)(IV), see section 1 of chapter 228, Session Laws of Colorado 2006. 17-22.5-105. Applicability of part. The provisions of this part 1 shall apply to all offenders sentenced to the department. Source: L. 84: Entire article R&RE, p. 518, § 1, effective July 1. 17-22.5-106. Right to attend parole hearings - right to notification of parole hearings. (Repealed) Source: L. 84: Entire section added, p. 503, § 5, effective July 1. L. 85: Entire section amended, p. 644, § 5, effective July 1. L. 94: Entire section repealed, p. 2598, § 10, effective June 3. 17-22.5-107. Administrative release and revocation guidelines - creation. (1) (a) The division of criminal justice in the department of public safety, in consultation with the state board of parole, shall develop an administrative release guideline instrument for use by the board in evaluating applications for parole. (b) The administrative release guideline instrument shall be used to provide the state board of parole with consistent and comprehensive information relevant to the factors listed in section 17-22.5-404 (4)(a). The instrument shall include a matrix of advisory-release-decision recommendations for the different risk levels. (2) (a) The department of corrections, in consultation with the state board of parole, shall develop administrative revocation guidelines for use by the board in evaluating complaints filed for parole revocation. (b) The administrative revocation guidelines shall be used to provide the state board of parole with consistent and comprehensive information based on the factors identified in section 17-22.5-404 (5)(a). The guidelines shall include a matrix of advisory-decision recommendations for the different risk levels. Source: L. 2010: Entire section added, (HB 10-1374), ch. 261, p. 1180, § 3, effective May 25. PART 2 OFFENDERS SENTENCED FOR CRIMES COMMITTED PRIOR TO JULY 1, 1979 17-22.5-201. Good time credit allowable. (1) Unless otherwise provided by law, every inmate confined in a correctional facility of the department who has committed no infraction of the rules or regulations of the department or the laws of the state and who performs in a faithful, diligent, industrious, orderly, and peaceable manner the work, duties, and tasks assigned to him Colorado Revised Statutes 2019 Page 100 of 226 Uncertified Printout to the satisfaction of the executive director or any of his designees may be allowed time credit reductions as follows: A deduction of two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of his term of confinement, and correspondingly for any part of the year if such term of confinement is for less than a year. The mode of computing credits shall be as follows: Number of yrs. of sentence 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year 10th year Good time that may be earned 2 months 2 months 4 months 4 months 5 months 5 months 5 months 5 months 5 months 5 months Total good Time to be served time that mayif full credits are be earned earned and allowed 2 months 4 months 8 months 1 year 1 year 5 months 1 year 10 months 2 years 3 months 2 years 8 months 3 years 1 month 3 years 6 months 10 months 1 year 8 months 2 years 4 months 3 years 3 years 7 months 4 years 2 months 4 years 9 months 5 years 4 months 5 years 11 months 6 years 6 months and so continuing through as many years as may be the time of confinement. (2) To those inmates whom the executive director or any of his designees may designate as trusties and who conduct themselves in accordance with departmental rules and perform their work in a creditable manner, upon approval of the executive director or any of his designees, additional good time to that allowed in the table set forth in subsection (1) of this section, not to exceed ten days in any one calendar month, shall be credited upon the time remaining to be served, such credit to be allowed only upon the actual number of months served in each year in a correctional facility of the department. (3) The executive director or any of his designees may grant to any inmate confined in a correctional facility additional good time credit to that allowed under subsections (1) and (2) of this section, not to exceed five days per month for each calendar year remaining to be served, for the following reasons: (a) Meritorious service by an inmate; or (b) Outstanding performance of assigned tasks in correctional industries. (4) The executive director or any of his designees may restore to the credit of any inmate confined in a correctional facility all or any portion of good time credits which have been forfeited by the inmate as a result of any disciplinary action or provision of law. (5) (a) The provisions of this section shall apply to a defendant whose sentence was stayed pending appeal prior to July 1, 1972, but who was confined pending disposition of the appeal. Such credit shall be against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect. (b) A defendant whose sentence is stayed pending appeal after July 1, 1972, but who is confined pending disposition of the appeal is entitled to the credit provided by this section Colorado Revised Statutes 2019 Page 101 of 226 Uncertified Printout against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect. (6) If any inmate assaults any keeper, guard, foreman, officer, inmate, or other person, or threatens or endangers the person or life of anyone, or violates or disregards any departmental rule or regulation, or neglects or refuses to do the work to which he is assigned, or is guilty of any misconduct, or violates any of the rules or regulations governing parole, the department may order the forfeiture of all time credits theretofore earned by or allowed to him before the commission of such offense under this section. Source: L. 84: Entire article R&RE, p. 518, § 1, effective July 1. Editor's note: This section is similar to former § 17-20-107 as it existed prior to 1984. 17-22.5-202. Ticket to leave - discharge - clothes, money, transportation - reentry services. (1) Ten days prior to the date on which any inmate confined in a correctional facility is entitled to be discharged or to be paroled from said correctional facility, the executive director or the executive director's designee shall give such inmate a ticket of leave therefrom, which shall entitle the inmate to depart from said correctional facility. The executive director or the executive director's designee shall at the same time furnish such inmate with suitable clothing and may furnish transportation, at the expense of the state, from the place at which said correctional facility is located to the place of the inmate's residence in Colorado, or any other place in Colorado. The executive director or the executive director's designee shall also furnish to any inmate being discharged, other than a parolee, one hundred dollars. The executive director or the executive director's designee may furnish any inmate being released on parole a reasonable sum of money not to exceed one hundred dollars; except that, if the executive director or the executive director's designee furnishes less than one hundred dollars, the difference between one hundred dollars and the amount furnished shall be credited to an account for such parolee. Notwithstanding any other provision of this subsection (1), if the inmate has previously been returned to custody in a correctional facility after being paroled and before the completion of his or her period of parole and previously received such sum of money, the executive director or the executive director's designee shall not furnish a sum of money to the inmate. The executive director or the executive director's designee shall certify any amount so credited to the division of adult parole, and any such amount shall be distributed to an inmate in accordance with rules promulgated by the department. (2) An inmate furnished with a ticket of leave for discharge shall be deemed to be fully discharged from the sentence upon which he was confined at the end of said ten-day period. (3) Prior to the release from a correctional facility by discharge or parole of any person imprisoned for the commission of a child abuse offense which occurred within the state of Colorado, the executive director shall: (a) Notify the Colorado bureau of investigation of: (I) The identity of the offender; and (II) The anticipated release date of the offender; and (III) The last-known home address of the offender; and (IV) The parole address of the offender; and Colorado Revised Statutes 2019 Page 102 of 226 Uncertified Printout (V) The results of a chemical test of a sex offender's biological substance sample in accordance with paragraph (b.5) of this subsection (3); (b) Notify the local law enforcement agency having jurisdiction over the last-known home address of the offender of: (I) The identity of the offender; and (II) The last-known home address of the offender; and (III) The anticipated release date of the offender; and (IV) The parole address of the offender; (b.5) (I) On and after July 1, 1994, direct appropriate personnel with the department of corrections to require any offender who is released from the custody of the department of corrections having completed serving a sentence for an offense involving unlawful sexual behavior or for which the factual basis involved unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., who is under their jurisdiction to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with the provisions of article 22 of title 16, C.R.S. The same persons, after obtaining a signed notice from an offender, shall notify local law enforcement agencies where the offender plans to reside of the offender's address within forty-eight hours after an offender has been placed on parole or probation when such an address is provided in the signed notice. Department of corrections personnel shall provide such notice no later than two days before the offender is to be released from the department of corrections. (II) Repealed. (III) The department may use reasonable force to obtain a biological substance sample in accordance with section 16-11-102.4, C.R.S. In addition, any person who refuses to comply with section 16-11-102.4, C.R.S., may be denied parole, or, if such person has been granted parole, such parole may be revoked. (c) Notify the local law enforcement agency having jurisdiction over the parole address of the offender if the parole address is not the same as the last-known home address of the offender of: (I) The identity of the offender; and (II) The anticipated release date of the offender; and (III) The last-known home address of the offender; and (IV) The parole address of the offender; (d) Notify the victim or victims individually or through those persons with whom they reside of: (I) The identity of the offender; and (II) The anticipated release date of the offender; and (III) The last-known home address of the offender; and (IV) The parole address of the offender; (e) Check with the Colorado bureau of investigation to determine whether there are any outstanding warrants for the arrest of any person confined for the commission of a Colorado child abuse offense and about to be released from a correctional facility, and, if so, said release shall be into the custody of the law enforcement agency issuing the warrant. (3.5) Repealed. (4) (a) If the victim of a child abuse crime under section 18-6-401, C.R.S., or a relative of the victim, if the victim has died or is a minor or is incapacitated, or any person requested by Colorado Revised Statutes 2019 Page 103 of 226 Uncertified Printout the victim to receive notice has requested notice from the parole board of any parole proceedings pursuant to section 17-2-214, relative to the person convicted of said crime, the executive director shall not be required to provide duplicate notice under paragraph (d) of subsection (3) of this section. (b) The notice to the victim pursuant to paragraph (d) of subsection (3) of this section shall be sent by the department to the last-known address in the possession of the department, and the victim of the crime or a relative of the victim, if the victim has died or is a minor or is incapacitated, or any person requested by the victim to receive notice has the duty to keep the department informed of his or her most current address. (5) A person discharged from a correctional facility without supervision is eligible to receive reentry support services from the department or community-based organizations that receive funding from the department to provide reentry services for up to one year after the person's date of discharge. Source: L. 84: Entire article R&RE, p. 519, § 1, effective July 1. L. 87: (3) and (4) added, p. 688, § 1, effective July 1. L. 94: (3)(b.5) added, p. 1739, § 2, effective July 1. L. 95: (3)(a) and (3)(b.5) amended, p. 880, § 18, effective May 24. L. 96: (3)(b.5)(I) and (3)(b.5)(II) amended, p. 1585, § 7, effective July 1. L. 97: (1) amended, p. 26, § 1, effective March 20. L. 2000: (1) amended, p. 852, § 61, effective May 24; (3.5) added, p. 1027, § 6, effective July 1. L. 2001: (3)(b.5)(II) amended, p. 957, § 4, effective July 1. L. 2002: (3)(a), (3)(b.5), and (3.5) amended, p.1152, § 9, effective July 1; (3)(b.5)(I) and (3)(b.5)(II) amended, p.1185, § 20, effective July 1. L. 2003: (3.5) amended, p. 1990, § 31, effective May 22. L. 2006: (3)(b.5)(II)(B) and (3.5)(b) added by revision, pp. 1689, 1693, §§ 7, 17. L. 2007: (3)(b.5)(III) amended, p. 2028, § 34, effective June 1. L. 2019: (5) added, (SB 19-143), ch. 286, p. 2659, § 4, effective May 28. Editor's note: (1) Amendments to subsection (3)(b.5) by Senate Bill 02-010 and Senate Bill 02-019 were harmonized. (2) Subsection (3)(b.5)(II)(B) provided for the repeal of subsection (3)(b.5)(II), effective July 1, 2007. (See L. 2006, pp. 1689, 1693.) (3) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective July 1, 2007. (See L. 2006, pp. 1689, 1693.) 17-22.5-203. Time of parole not considered when inmate is reincarcerated. (1) The paroled inmate, upon an order of the state board of parole, may be returned to the custody of the department according to the terms of his original sentence, and, in computing the period of his confinement, the time between his release and his return to said custody shall not be considered any part of the term of his sentence. (2) Parole shall not be construed in any sense to operate as a discharge of any inmate paroled under the provisions of law but simply a permit to any such inmate to go outside a correctional facility; and, if, while so at large, he behaves and conducts himself as not to incur his reincarceration, he shall be deemed to be still serving out the sentence imposed upon him by the court and shall be entitled to good time the same as if he had not been paroled, except as provided in subsection (3) of this section. If the said paroled inmate is returned to the department, he shall serve out his original sentence, as provided for in this part 2. Colorado Revised Statutes 2019 Page 104 of 226 Uncertified Printout (3) No inmate released on parole on or after July 1, 1981, shall be entitled to a good time deduction from his sentence while on parole. In the event that his parole is revoked, he shall become eligible for any good time deductions authorized pursuant to this article on the date he is returned to the custody of the department. Source: L. 84: Entire article R&RE, p. 520, § 1, effective July 1. PART 3 OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1979 17-22.5-301. Good time. (1) Each person sentenced for a crime committed on or after July 1, 1979, but before July 1, 1981, whose conduct indicates that he has substantially observed all of the rules and regulations of the institution or facility in which he has been confined and has faithfully performed the duties assigned to him shall be entitled to a good time deduction of fifteen days a month from his sentence. The good time authorized by this section shall vest quarterly and may not be withdrawn once it has vested. No more than forty-five days of good time may be withheld by the department in any three-month period of sentence. (2) Each person sentenced for a crime committed on or after July 1, 1981, but before July 1, 1985, shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall vest semiannually and no more than ninety days of good time may be withheld by the department in any six-month period of sentence. (3) Each person sentenced for a crime committed on or after July 1, 1985, shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall not vest and may be withheld or deducted by the department. (4) Nothing in this section shall be so construed as to prevent the department from withholding good time earnable in subsequent periods of sentence, but not yet earned, for conduct occurring in a given period of sentence. Source: L. 84: Entire article R&RE, p. 520, § 1, effective July 1. L. 85: (3) amended, p. 646, § 1, effective June 6. L. 98: (3) amended, p. 727, § 10, effective May 18. Editor's note: This section is similar to former § 17-22.5-101 as it existed prior to 1984. 17-22.5-302. Earned time. (1) In addition to the good time authorized in section 1722.5-301, earned time, not to exceed thirty days for every six months of incarceration, may be deducted from the inmate's sentence upon a demonstration to the department by the inmate that he has made substantial and consistent progress in each of the following categories: (a) Work and training, including attendance, promptness, performance, cooperation, care of materials, and safety; (b) Group living, including housekeeping, personal hygiene, cooperation, social adjustment, and double bunking; (c) Participation in counseling sessions and involvement in self-help groups; Colorado Revised Statutes 2019 Page 105 of 226 Uncertified Printout (d) Progress toward the goals and programs established by the Colorado diagnostic program. (1.3) Notwithstanding the provisions of subsection (1) of this section to the contrary, after his or her first ninety days in administrative segregation, a state inmate in administrative segregation shall be eligible to receive earned time if he or she meets the criteria required by this section or any modified criteria developed by the department to allow a state inmate to receive the maximum amount of earned time allowable for good behavior and participation in any programs available to the state inmate in administrative segregation. (1.5) (a) In addition to the thirty days of earned time authorized in subsection (1) of this section, an inmate who makes positive progress, in accordance with performance standards, goals, and objectives established by the department, in the correctional education program established pursuant to section 17-32-105, shall receive earned time pursuant to section 17-22.5405; except that, if, upon review of the inmate's performance record, the inmate has failed to satisfactorily perform in the literacy corrections or correctional education program, any earned time received pursuant to this paragraph (a) may be withdrawn as provided in subsection (4) of this section. For purposes of this paragraph (a), "positive progress", at a minimum, means that the person is attentive, responsive, and cooperative during the course of instruction and satisfactorily completes required work assignments equivalent to the courses and hours necessary for advancement at a rate of one grade level per calendar year in the school district where such inmate was last enrolled. (b) Repealed. (2) The department shall develop objective standards for measuring substantial and consistent progress in the categories listed in subsection (1) of this section. Such standards shall be applied in all evaluations of inmates for the earned time authorized in this section. (3) For each inmate sentenced for a crime committed on or after July 1, 1979, but before July 1, 1985, the department shall review the performance record of the inmate and shall grant, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted at least annually; except that, in the case of an inmate who has one year or less of his sentence remaining to be served, the review shall be conducted at least semiannually. The earned time deduction authorized by this section shall vest upon being granted and may not be withdrawn once it is granted. (4) For each inmate sentenced for a crime committed on or after July 1, 1985, the department shall review the performance record of the inmate and may grant, withhold, withdraw, or restore, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted as specified in subsection (3) of this section; except that the earned time deduction authorized by this subsection (4) shall not vest upon being granted and may be withdrawn once it is granted. (5) For each inmate sentenced for a crime committed on or after July 1, 1987, the department shall not credit such inmate with more than one-half of his allowable earned time for any six-month period or portion thereof unless such inmate was employed or was participating in institutional training or treatment programs provided by the department or was participating in some combination of such employment, training, or treatment programs. This subsection (5) shall not apply to those inmates excused from such employment or programs for medical reasons. Colorado Revised Statutes 2019 Page 106 of 226 Uncertified Printout Source: L. 84: Entire article R&RE, p. 521, § 1, effective July 1. L. 87: (5) added, p. 654, § 10, effective March 27. L. 88: (1.5) added, p. 697, § 3, effective July 1. L. 90: (1.5)(a) amended and (1.5)(b) repealed, pp. 976, 977, §§ 3, 7, effective July 1. L. 91: (1.5)(a) amended, p. 431, § 9, effective May 24. L. 92: (1.5)(a) amended, p. 2173, § 23, effective June 2. L. 2011: (1.3) added, (SB 11-176), ch. 289, p. 1343, § 3, effective July 1. Editor's note: This section is similar to former § 17-22.5-102 as it existed prior to 1984. Cross references: For the Colorado diagnostic program, see article 40 of this title. 17-22.5-303. Parole. (1) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1979, but before July 1, 1981, the division of adult parole shall provide a one-year period of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety; except that the state board of parole may discharge an offender at any time during the year upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The conditions of parole for any such person shall be established by the state board of parole prior to his release from incarceration. Upon a determination that the conditions of parole have been violated in any parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he was originally received for a period of not more than six months. For second and subsequent revocations of parole, the offender shall be reincarcerated; but in no event shall any such person spend more than one year under parole supervision and reincarceration as provided in this section. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section. (2) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1981, and before July 1, 1984, the division of adult parole shall provide a oneyear period of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety; except that the state board of parole may discharge an offender at any time during the year upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The conditions of parole for any such person shall be subject to section 17-2-201 (5)(b) and (5)(c) prior to his or her release from incarceration; but in no event shall any such person whose initial parole has not been revoked spend more than one year under parole supervision, as provided in this section. Upon a determination that the conditions of parole have been violated in any such parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he or she was originally received for a period of not more than two years; but in no event shall any period of reincarceration, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1.3-401, C.R.S. The good time deduction Colorado Revised Statutes 2019 Page 107 of 226 Uncertified Printout authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section. (3) The state board of parole, working in conjunction with the department, shall adopt risk assessment guidelines, based upon risk of violence to the general population, to be utilized for determining whether any person sentenced pursuant to the provisions of section 18-1.3-401, C.R.S., for committing a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1984, but before July 1, 1985, may be suitable for release on his or her parole eligibility date or shall be subject to extended parole of up to three years. Such guidelines shall include provisions which take into consideration the progress toward rehabilitation made by the individual as well as the necessity of guarding the welfare of the community. (4) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1984, but before July 1, 1985, the division of adult parole shall either release an offender on his or her parole eligibility date, pursuant to the determination made by the state board of parole, or shall provide up to three years of parole for any offender who is determined by the state board of parole to present a high risk to the general population upon release from incarceration. For persons who are provided parole, the division of adult parole shall provide a period of up to three years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (4) shall be established pursuant to section 17-2-201 (5)(b) and (5)(c) by the state board of parole prior to his or her release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, or revoke the parole and order the return of the offender to the institution in which he or she was originally received for a period of not more than five years. In no event shall any period of reincarceration, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1.3401, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. The good time deduction authorized by section 17-22.5-301 shall apply to periods of reincarceration provided for in this section. (5) Pursuant to section 17-2-201 (9)(a), an interview of an inmate who applies for parole, who was sentenced for an offense committed on or after July 1, 1979, may be conducted by one member of the parole board. (6) Any person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony committed on or after July 1, 1985, shall be eligible for parole after such person has served the sentence imposed less any time authorized for good time earned pursuant to section 17-22.5-301 and for earned time pursuant to section 17-22.5-302. Upon an application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole and, if granted, the length of the period of parole, which may be for a period of up to five years. If an application for parole is refused by the state board of parole, the state board shall reconsider within one year thereafter the granting of parole to such person and shall continue the reconsideration each year thereafter until such person is granted parole or until such person is discharged pursuant to law; Colorado Revised Statutes 2019 Page 108 of 226 Uncertified Printout except that, if the person applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such person once every three years, until the board grants such person parole or until such person is discharged pursuant to law, or if the person applying for parole was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such person once every five years, until the board grants such person parole or until such person is discharged pursuant to law. (7) For persons who are granted parole pursuant to subsection (6) of this section, the division of adult parole shall provide a period of up to five years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (7) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for a period of not more than five years. In computing the period of reincarceration for an offender other than an offender sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the time between the offender's release on parole and return to custody in Colorado for revocation of such parole shall not be considered to be any part of the term of the sentence. In no event shall any period of reincarceration and sentence actually served exceed the sentence imposed pursuant to section 18-1.3-401, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. (8) The state board of parole shall consider the parole of a person whose parole is revoked either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year. Source: L. 84: Entire article R&RE, p. 521, § 1, effective July 1. L. 85: (3) and (4) amended and (6) and (7) added, p. 648, § 4, effective July 1; (5) added, p. 641, § 10, effective July 1. L. 87: (7) amended, p. 654, § 11, effective July 1. L. 90: (6) amended, p. 924, § 6, effective March 27. L. 92: (6) and (7) amended, p. 2173, § 24, effective June 2. L. 94: (6) amended, p. 2597, § 6, effective June 3. L. 95: (7) amended, p. 877, § 12, effective May 24. L. 2000: (1), (2), (4), and (7) amended, p. 853, § 62, effective May 24. L. 2002: (2), (3), (4), (6), and (7) amended, p. 1502, § 163, effective October 1. L. 2003: (6) amended, p. 812, § 1, effective July 1; (8) added, p. 2676, § 2, effective July 1. L. 2008: (7) amended, p. 1756, § 4, effective July 1. Colorado Revised Statutes 2019 Page 109 of 226 Uncertified Printout Editor's note: This section is similar to former § 17-22.5-103 as it existed prior to 1984. Cross references: (1) For parole revocation proceedings, see §§ 17-2-103 and 17-2-201; for the right to attend parole hearings, see § 17-2-214. (2) For the legislative declaration contained in the 2002 act amending subsections (2), (3), (4), (6), and (7), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-22.5-303.3. Violent offenders - parole. (1) Any person sentenced for second degree murder, first degree assault, first degree kidnapping, unless the first degree kidnapping is a class 1 felony, first or second degree sexual assault, first degree arson, first degree burglary, or aggravated robbery, committed on or after July 1, 1987, who has previously been convicted of a crime of violence, shall be eligible for parole after he has served seventy-five percent of the sentence imposed less any time authorized for earned time pursuant to section 17-22.5-302. Thereafter, the provisions of section 17-22.5-303 (6) and (7) shall apply. (2) Any person sentenced for any crime enumerated in subsection (1) of this section, who has twice previously been convicted for a crime of violence, shall be eligible for parole after he has served the sentence imposed less any time authorized for earned time pursuant to section 17-22.5-302. Thereafter, the provisions of section 17-22.5-303 (6) and (7) shall apply. (3) The governor may grant parole to an offender to whom this section applies before such offender's parole eligibility date if, in the governor's opinion, extraordinary mitigating circumstances exist and such offender's release from institutional custody is compatible with the safety and welfare of society. Source: L. 87: Entire section added, p. 655, § 12, effective July 1. L. 88: (1) amended, p. 1435, § 28, effective June 11. 17-22.5-303.5. Parole guidelines. (Repealed) Source: L. 85: Entire section added, p. 650, § 5, effective July 1. L. 87: (1) amended and (5) to (7) added, p. 655, § 13, effective July 1. L. 88: (2)(a)(IX) amended and (2)(a)(XI) added, p. 697, § 4, effective July 1. L. 90: (1) amended, p. 925, § 7, effective March 27; (2)(a)(XII) added, p. 977, § 4, effective July 1. L. 91: Entire section repealed, p. 335, § 2, effective May 18. 17-22.5-304. Part affects only certain inmates. The good time provisions of this part 3 are effective July 1, 1979, and shall apply only to those persons convicted of crimes committed on or after said date. No person subject to the good time provisions of part 2 of this article shall be eligible for any of the provisions authorized by this part 3. Source: L. 84: Entire article R&RE, p. 523, § 1, effective July 1. L. 85: Entire section amended, p. 652, § 6, effective July 1; Entire section amended, p. 1372, § 51, effective July 1. 17-22.5-305. Eligibility for other statutory provisions. (1) No person subject to the provisions of section 17-22.5-301 (1) shall be eligible for any of the time limit and vesting provisions of section 17-22.5-301 (2) or (3) or 17-22.5-302 (4). Colorado Revised Statutes 2019 Page 110 of 226 Uncertified Printout (2) No person subject to the provisions of section 17-22.5-301 (2) shall be eligible for any of the time limit and vesting provisions of section 17-22.5-301 (1) or (3) or 17-22.5-302 (4). (3) No person subject to the provisions of section 17-22.5-301 (3) shall be eligible for any of the time limit and vesting provisions of section 17-22.5-301 (1) or (2) or 17-22.5-302 (3). Source: L. 84: Entire article R&RE, p. 523, § 1, effective July 1. 17-22.5-306. Transfer of functions. The executive director shall, on and after July 1, 1984, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations formerly vested in the state board of parole with respect to the earned time provisions of section 17-22.5-302. Notwithstanding any other provision of law to the contrary, the state board of parole shall carry out all of its other functions as if this section had not been enacted. Source: L. 84: Entire article R&RE, p. 523, § 1, effective July 1. 17-22.5-307. Consecutive or concurrent sentences - clarification of mittimus. (1) If the department receives custody of a defendant who is sentenced to serve two or more terms of incarceration in the custody of the department, and any mittimus concerning the defendant's sentence or sentences does not clearly indicate whether the defendant's sentences are to be served consecutively or concurrently, then the department shall seek clarification in writing from the court regarding the defendant's sentence or sentences. The department shall seek such clarification not more than two business days after the department's receipt of the mittimus. (2) A court that receives a written request from the department pursuant to subsection (1) of this section shall respond to the department and clarify the mittimus in question in order to accurately reflect the sentence previously entered in open court. The court shall provide such clarification in writing not more than two business days after receiving the request. The court shall provide a copy of the court's response to the counsel of record for the prosecution and the defense. (3) Until the department obtains clarification of the mittimus from the court, the department shall not make any determination of the defendant's parole eligibility date or mandatory release date. Source: L. 2013: Entire section added, (HB 13-1323), ch. 325, p. 1816, § 1, effective May 28. PART 4 PAROLE ELIGIBILITY AND DISCHARGE FROM CUSTODY Law reviews: For article, "1990 Criminal Law Legislative Update", see 19 Colo. Law. 2049 (1990). 17-22.5-401. Legislative declaration. The general assembly hereby declares that if any inmate does not demonstrate positive behavior during incarceration, such inmate should be required to serve out the full sentence imposed upon such inmate. If any inmate does Colorado Revised Statutes 2019 Page 111 of 226 Uncertified Printout demonstrate positive behavior during incarceration, such inmate should be considered for release from incarceration prior to the end of the full sentence imposed upon him. Therefore, the general assembly, in enacting this part 4, intends to provide standards whereby any inmate can earn a reduction of incarceration time and to provide incentives for inmates to demonstrate positive behavior during incarceration. Source: L. 90: Entire part added, p. 946, § 19, effective June 7. 17-22.5-402. Discharge from custody. (1) No inmate shall be discharged from the department until he has remained the full term for which he was sentenced, to be computed on and after the date upon which the sentence becomes effective and excluding any time the inmate may have been at large by reason of escape therefrom, unless he is pardoned or otherwise released by legal authority. (2) Notwithstanding subsection (1) of this section, the full term for which an inmate is sentenced shall be reduced by any earned release time and earned time granted pursuant to section 17-22.5-405, except as provided in section 17-22.5-403 (3) and (3.5). (3) This part 4 shall not apply to any offender to whom section 17-22.5-104 (2)(a), (2)(b), (2)(c), (2)(d)(I), (2)(d)(II), or (2)(d)(III) applies. (4) A person discharged from a correctional facility without supervision is eligible to receive reentry support services from the department or community-based organizations that receive funding from the department to provide reentry services for up to one year after the person's date of discharge. Source: L. 90: Entire part added, p. 947, § 19, effective June 7. L. 2004: (2) amended, p. 1741, § 2, effective June 4. L. 2006: (3) amended, p. 1053, § 4, effective May 25. L. 2009: (2) amended, (HB 09-1351), ch. 359, p. 1867, § 2, effective June 1. L. 2019: (4) added, (SB 19143), ch. 286, p. 2659, § 5, effective May 28. Cross references: For the legislative declaration contained in the 2006 act amending subsection (3), see section 1 of chapter 228, Session Laws of Colorado 2006. 17-22.5-403. Parole eligibility. (1) Any person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony, or a level 1, level 2, level 3, or level 4 drug felony, or any unclassified felony shall be eligible for parole after such person has served fifty percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405. However, the date established by this subsection (1) upon which any person shall be eligible for parole may be extended by the executive director for misconduct during incarceration. The executive director shall promulgate rules and regulations concerning when and under what conditions any inmate's parole eligibility date may be extended. Such rules and regulations shall be promulgated in such a manner as to promote fairness and consistency in the treatment of all inmates. (2) (a) Notwithstanding subsection (1) of this section, any person convicted and sentenced for second degree murder, first degree assault, first degree kidnapping unless the first degree kidnapping is a class 1 felony, first or second degree sexual assault, first degree arson, first degree burglary, or aggravated robbery, committed on or after June 7, 1990, and before July Colorado Revised Statutes 2019 Page 112 of 226 Uncertified Printout 1, 2004, which person has previously been convicted of a crime which would have been a crime of violence as defined in section 18-1.3-406, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405. (b) The provisions of paragraph (a) of this subsection (2) shall not apply to persons sentenced pursuant to part 10 of article 1.3 of title 18, C.R.S. (c) (I) A person who is convicted as an adult of a class 1 felony following a direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, which felony was committed on or after July 1, 1990, and before July 1, 2006, and who is resentenced pursuant to section 18-1.3-401 (4)(c), C.R.S., is not entitled to receive any reduction of his or her sentence pursuant to this section. (II) Repealed. (2.5) (a) Notwithstanding subsection (1) of this section, any person convicted and sentenced for second degree murder, first degree assault, first degree kidnapping unless the first degree kidnapping is a class 1 felony, first degree arson, first degree burglary, or aggravated robbery, committed on or after July 1, 2004, shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405. (b) The provisions of paragraph (a) of this subsection (2.5) shall only apply to: (I) A person convicted and sentenced for a crime listed in paragraph (a) of this subsection (2.5) that is a class 2 or class 3 felony offense; or (II) A person convicted and sentenced for a crime listed in paragraph (a) of this subsection (2.5) that is a class 4 or class 5 felony offense, which person has previously been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S. (3) Notwithstanding subsection (1) or (2) of this section, any person convicted and sentenced for any crime enumerated in subsection (2) of this section, committed on or after June 7, 1990, and before July 1, 2004, who has twice previously been convicted for a crime which would have been a crime of violence as defined in section 18-1.3-406, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence served upon such person, at which time such person shall be referred by the department to the state board of parole which may place such person on parole for a period of time which does not exceed the time remaining on such person's original sentence. For offenses committed on or after July 1, 1993, such person shall be placed on parole for the period of time specified in section 18-1.3-401 (1)(a)(V), C.R.S. Section 17-22.5-402 (2) shall not apply to any such offender. (3.5) (a) Notwithstanding subsection (1) or (2.5) of this section, any person convicted and sentenced for any crime enumerated in subsection (2.5) of this section, committed on or after July 1, 2004, who has previously been convicted for a crime which would have been a crime of violence as defined in section 18-1.3-406, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence served upon such person, at which time such person shall be referred by the department to the state board of parole which may place the person on parole for the period of time specified in section 18-1.3-401 (1)(a)(V), C.R.S. Section 17-22.5-402 (2) shall not apply to any such offender. (b) The provisions of paragraph (a) of this subsection (3.5) shall only apply to: Colorado Revised Statutes 2019 Page 113 of 226 Uncertified Printout (I) A person convicted and sentenced for a crime listed in paragraph (a) of subsection (2.5) of this section that is a class 2 or class 3 felony offense; or (II) A person convicted and sentenced for a crime listed in paragraph (a) of subsection (2.5) of this section that is a class 4 or class 5 felony offense, which person has twice previously been convicted of a crime of violence as defined in section 18-1.3-406, C.R.S. (4) The governor may grant parole to an inmate to whom subsection (2) or (3) of this section applies prior to such inmate's parole eligibility date or discharge date if, in the governor's opinion, extraordinary mitigating circumstances exist and such inmate's release from institutional custody is compatible with the safety and welfare of society. (4.5) (a) After considering any relevant evidence presented by any person or agency and considering the presumptions set forth in section 17-34-102 (8), the governor may grant early parole to an offender to whom subsection (1) or (2.5) of this section applies when the offender successfully completes the specialized program described in section 17-34-102 if, in the governor's opinion, extraordinary mitigating circumstances exist and the offender's release from institutional custody is compatible with the safety and welfare of society. (b) When an offender applies for early parole pursuant to paragraph (a) of this subsection (4.5) after having successfully completed the specialized program described in section 17-34-102, the offender shall make his or her application to the governor's office with notice and a copy of the application sent to the state board of parole created in section 17-2-201. The state board of parole shall review the offender's application and all supporting documents and schedule a hearing if the board considers making a recommendation for early parole, at which hearing any victim must have the opportunity to be heard, pursuant to section 24-4.1302.5 (1)(j), C.R.S. Not later than ninety days after receipt of a copy of an offender's application for early parole, the state board of parole, after considering the presumptions set forth in section 17-34-102 (8), shall make a recommendation to the governor concerning whether early parole should be granted to the offender. (c) The department, in consultation with the state board of parole, shall develop any necessary policies and procedures to implement this subsection (4.5), including procedures for providing notice to any victim, as required by sections 24-4.1-302.5 (1)(j) and 24-4.1-303 (14), C.R.S., and to the district attorney's office that prosecuted the crime for which the offender was sentenced. (5) For any offender who is incarcerated for an offense committed prior to July 1, 1993, upon application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole and, if granted, the length of the period of parole. Prior to the parole release hearing, the division of adult parole shall conduct a parole plan investigation and inform the state board of parole of the results of the investigation. If the state board of parole finds an inmate's parole plan inadequate, it shall table the parole release decision and inform the director of the division of adult parole that the parole plan is inadequate. The director of the division of adult parole shall ensure that a revised parole plan that addresses the deficiencies in the original parole plan is submitted to the parole board within thirty days after the notification. The parole board is responsible for monitoring the department's compliance with this provision and shall notify the director of the division of adult parole if a revised parole plan is not submitted to the parole board within thirty days. The state board of parole may set the length of the period of parole for any time period up to the date of final discharge as determined in Colorado Revised Statutes 2019 Page 114 of 226 Uncertified Printout accordance with section 17-22.5-402. If an application for parole is refused by the state board of parole, the state board of parole shall reconsider within one year thereafter whether such inmate should be granted parole. The state board of parole shall continue such reconsideration each year thereafter until such inmate is granted parole or until such inmate is discharged pursuant to law; except that: (a) If the inmate applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such inmate once every three years, until the board grants such inmate parole or until such inmate is discharged pursuant to law; or (b) If the inmate was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such inmate once every five years, until the board grants such inmate parole or until such inmate is discharged pursuant to law. (6) For persons who are granted parole pursuant to subsection (5) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (6) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination in a parole revocation proceeding that the conditions of parole have been violated, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's sentence, including the remainder of the offender's natural life if applicable, until the discharge date as determined by section 17-22.5-402 or one year, whichever is longer. In computing the period of reincarceration for an offender other than an offender sentenced for a nonviolent felony offense, as defined in section 17-22.5-405 (5), the time between the offender's release on parole and return to custody in Colorado for revocation of such parole shall not be considered to be part of the term of the sentence. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. (7) (a) For any offender who is incarcerated for an offense committed on or after July 1, 1993, upon application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole. The state board of parole, if it determines that placing an offender on parole is appropriate, shall set the length of the period of parole at the mandatory period of parole established in section 18-1.3-401 (1)(a)(V) or 18-1.3-401.5 (2)(a), C.R.S., except as otherwise provided for specified offenses in section 17-2-201 (5)(a), (5)(a.5), and (5)(a.7). (b) Notwithstanding the provisions of paragraph (a) of this subsection (7), for any sex offender, as defined in section 18-1.3-1003 (4), C.R.S., who is sentenced pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S., for commission of a sex offense committed on or after November 1, 1998, the state board of parole shall determine whether or not to grant Colorado Revised Statutes 2019 Page 115 of 226 Uncertified Printout parole as provided in section 18-1.3-1006, C.R.S. If the state board of parole determines that placing a sex offender on parole is appropriate, it shall set an indeterminate period of parole as provided in section 18-1.3-1006, C.R.S. (c) If the state board of parole does not grant parole pursuant to subsection (7)(a) or (7)(b) of this section because it finds an inmate's parole plan inadequate, it shall table the parole release decision and inform the director of the division of adult parole that the parole plan is inadequate. The director of the division of adult parole shall ensure that a revised parole plan that addresses the deficiencies in the original parole plan is submitted to the parole board within thirty days after the notification. The parole board is responsible for monitoring the department's compliance with this provision and shall notify the director of the division of adult parole if a revised parole plan is not submitted to the parole board within thirty days. (8) (a) For persons who are granted parole pursuant to paragraph (a) of subsection (7) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this paragraph (a) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to such offender's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the offender to a place of confinement designated by the executive director for any period of time up to the period remaining on such person's mandatory period of parole established in section 181.3-401 (1)(a)(V) or 18-1.3-401.5 (2)(a), C.R.S. Any offender who has been reincarcerated due to a parole revocation pursuant to this paragraph (a) shall be eligible for parole at any time during such reincarceration. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision. In making any such determination, the state board of parole shall make written findings as to why such offender is no longer in need of parole supervision. (b) For sex offenders, as defined in section 18-1.3-1003 (4), C.R.S., who are convicted of an offense committed on or after November 1, 1998, and who are granted parole pursuant to paragraph (b) of subsection (7) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the sex offender into the community while recognizing the need for public safety. The conditions for parole for any sex offender shall be established pursuant to section 18-1.3-1006, C.R.S., and section 17-22.5-404 by the state board of parole prior to the sex offender's release from incarceration. Upon a determination in a parole revocation proceeding that the sex offender has violated the conditions of parole, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modifications, which circumstances shall be set forth in writing, or revoke the parole and order the return of the sex offender to a place of confinement designated by the executive director for any period of time up to the remainder of the sex offender's natural life. The revocation hearing shall be held and the state board of parole shall make its Colorado Revised Statutes 2019 Page 116 of 226 Uncertified Printout determination as provided in section 18-1.3-1010, C.R.S. The state board of parole may discharge a sex offender from parole as provided in section 18-1.3-1006 (3), C.R.S. (9) The state board of parole shall consider the parole of a person whose parole is revoked either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year. Source: L. 90: Entire part added, p. 947, § 19, effective June 7. L. 93: (1) amended, p. 1730, § 11, effective July 1; entire section amended, p. 1978, § 4, effective July 1. L. 94: (5) and (7) amended, p. 2597, § 7, effective June 3. L. 95: (6) amended, p. 878, § 13, effective May 24. L. 98: (9) added, p. 1445, § 37, effective July 1; (7) and (8) amended, p. 1291, § 12, effective November 1. L. 2000: (6), (8), and (9)(c) amended, p. 854, § 63, effective May 24. L. 2002: (7)(a) amended, p. 125, § 3, effective March 26; (2), (3), (5), (7)(a), (7)(b), (8)(a), (8)(b), and (9)(a) amended, p. 1504, § 164, effective October 1. L. 2003: (2) amended, p. 975, § 10, effective April 17; (7)(a) amended, p. 813, § 2, effective July 1; (9) amended, p. 2677, § 4, effective July 1. L. 2004: (2) and (3) amended and (2.5) and (3.5) added, p. 1739, § 1, effective June 4. L. 2008: (6) amended, p. 1756, § 5, effective July 1. L. 2013: (1), (7)(a), and (8)(a) amended, (SB 13-250), ch. 333, p.1932, § 49, effective October 1. L. 2015: (5), (6), (7), and (8)(b) amended, (HB 15-1122), ch. 37, p. 89, § 5, effective March 20. L. 2016: (2)(c) added, (SB 16-181), ch. 353, p. 1449, § 3, effective June 10; (4.5) added, (SB 16-180), ch. 352, p. 1443, § 3, effective August 10. L. 2017: IP(5) amended, (HB 17-1326), ch. 394, p. 2030, § 5, effective August 9. L. 2019: IP(5) amended and (7)(c) added, (SB 19-143), ch. 286, p. 2660, § 6, effective May 28. Editor's note: (1) Amendments to this section by House Bill 93-1302 and House Bill 93-1088 were harmonized. Amendments to subsection (7)(a) by House Bill 02-1223 and House Bill 02-1046 were harmonized, effective October 1, 2002. (2) Subsection (2)(c)(II)(B) provided for the repeal of subsection (2)(c)(II), effective one year after June 10, 2016. (See L. 2016, p. 1449.) Cross references: For the legislative declaration contained in the 2002 act amending subsections (2), (3), (5), (7)(a), (7)(b), (8)(a), (8)(b), and (9)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015. For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016. For the legislative declaration in HB 17-1326, see section 1 of chapter 394, Session Laws of Colorado 2017. 17-22.5-403.5. Special needs parole. (1) Notwithstanding any provision of law to the contrary, a special needs offender, as defined in section 17-1-102 (7.5)(a), may be eligible for parole prior to or after the offender's parole eligibility date pursuant to this section if: (a) The state board of parole determines, based on the special needs offender's condition and a medical evaluation, that he or she does not constitute a threat to public safety and is not likely to commit an offense; and Colorado Revised Statutes 2019 Page 117 of 226 Uncertified Printout (b) The state board of parole approves a special needs parole plan that ensures appropriate supervision of and continuity of medical care for the special needs offender. (2) This section shall apply to any inmate applying for parole on or after July 1, 2001, regardless of when the inmate was sentenced. The provisions of this section shall not affect the length of the parole period to which a special needs offender would otherwise be subject. (3) (a) The department is responsible for identifying inmates who meet the eligibility criteria for special needs parole and shall submit a referral to the state board of parole for all eligible inmates. (b) The referral shall include: (I) A summary of the inmate's medical or physical condition and the risk of reoffense that the inmate poses to society. In rendering an opinion regarding the inmate's level of risk of reoffense, the department may consider such factors as the inmate's medical or physical condition, the severity of any disability or incapacitation, risk assessment scores, the nature and severity of the offense for which the inmate is currently incarcerated, the inmate's criminal history, institutional conduct, and other relevant factors. (II) The details of a special needs parole plan recommended by the department; (III) A recommendation to the parole board that an offender be released or not be released as a special needs offender pursuant to the provisions of subsection (1) of this section. Prior to making any recommendation pursuant to this subparagraph (III), the department shall establish objective criteria on which to base a recommendation for parole pursuant to the provisions of this section; and (IV) A victim impact statement or response from the district attorney that prosecuted the offender, if received pursuant to paragraph (c) of this subsection (3). (c) (I) The department shall provide notification to any victim, as required under section 24-4.1-302.5, C.R.S. A victim shall have thirty days after receiving notification to submit a victim impact statement to the department. The department shall include any victim impact statement in the referral to the state board of parole. (II) At the same time that the department completes the notification required by subparagraph (I) of this paragraph (c), the department shall notify the district attorney that prosecuted the offender if the offender is serving a sentence for a conviction of a crime of violence as described in section 18-1.3-406, C.R.S., or a sex offense as listed in section 16-22102 (9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s), C.R.S. A district attorney shall have thirty days after receiving notification to submit a response to the department. The department shall include any district attorney response in the referral to the state board of parole. (4) (a) The state board of parole shall consider an inmate for special needs parole upon referral by the department. (b) The state board of parole shall make a determination of the risk of reoffense that the inmate poses after considering such factors as the inmate's medical or physical condition, the severity of any disability or incapacitation, the inmate's risk assessment scores, the nature and severity of the offense for which the inmate is currently incarcerated, the inmate's criminal history, the inmate's institutional conduct, and other relevant factors. (c) The state board of parole may schedule a hearing on the application for special needs parole with the inmate present, or the board may review the application and issue a decision without a hearing, pursuant to section 17-2-201 (4)(f). Colorado Revised Statutes 2019 Page 118 of 226 Uncertified Printout (d) The state board of parole shall make a determination of whether to grant special needs parole within thirty days after receiving the referral from the department. The board may delay the decision in order to request that the department modify the special needs parole plan. If, prior to or during any parole hearing, the board or any member of the board has a substantial and good-faith reason to believe that the offender is incompetent to proceed, as defined in section 16-8.5-101 (12), the board shall suspend all proceedings and notify the trial court that imposed any active sentence, and the court shall determine the competency or incompetency of the defendant pursuant to section 16-8.5-103. The court shall appoint counsel to represent the offender with respect to the determination of competency of the offender, but the presence of the offender is not required for any court proceedings unless good cause is shown. (e) A denial of special needs parole by the state board of parole shall not affect an inmate's eligibility for any other form of parole or release under applicable law. (4.5) If an offender is determined to be incompetent to proceed pursuant to subsection (4) of this section, the court may order the department to provide or arrange for the delivery of appropriate restoration services in any setting authorized by law, by an order of the court, or by any other action as provided by law. Nothing in this section requires the department of human services to take custody of an offender for restoration services. The department of human services is not responsible for conducting the competency evaluation. If the court determines that there is not a substantial probability of the offender being restored to competency, the department may refer the inmate for special needs parole with a special needs parole plan pursuant to the provisions of this section. (5) The board may consider the application for special needs parole pursuant to the proceedings set forth in section 17-2-201 (4)(f) or 17-2-201 (9)(a). If the department recommends to the state board of parole that an offender be released to parole as a special needs offender pursuant to the provisions of subsection (1) of this section, the board may deny parole only by a majority vote of the board and only if the board makes a finding that granting parole would create a threat to public safety and that the offender is likely to commit an offense. (6) The department shall not have any responsibility for the payment of medical care for any offender upon his or her release. (7) For any offender who is granted special needs parole pursuant to this section, the state board of parole shall set the length of the parole for an appropriate time period of at least six months but not exceeding thirty-six months. At any time during the offender's parole, the state board of parole may revise the duration of the parole. However, in no case may such an offender be required to serve a period of parole in excess of the period of parole to which he or she would otherwise be sentenced pursuant to section 18-1.3-401 (1)(a)(V)(A), or thirty-six months, whichever is less. Source: L. 2000: Entire section added, p. 1495, § 2, effective July 1, 2001. L. 2003: IP(1) amended and (3) added, p. 1910, § 2, effective August 6. L. 2011: Entire section amended, (SB 11-241), ch. 200, p. 836, § 6, effective May 23. L. 2012: (3)(c)(II) amended, (HB 12-1310), ch. 268, p. 1401, § 22, effective June 7. L. 2013: IP(1) amended, (SB 13-229), ch. 272, p. 1429, § 6, effective July 1; IP(1) amended, (HB 13-1300), ch. 316, p. 1715, § 153, effective August 7. L. 2018: (4)(d) and (5) amended and (4.5) and (7) added, (HB 18-1109), ch. 139, p. 913, § 2, effective April 23. L. 2019: (4)(d) amended, (SB 19-223), ch. 227, p. 2292, § 19, effective July 1. Colorado Revised Statutes 2019 Page 119 of 226 Uncertified Printout 17-22.5-403.7. Parole eligibility - class 1 felony - juvenile offender convicted as adult - definition. (1) As used in this section, "inmate" means a person: (a) (I) Who is convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S.; or (II) Who is convicted as an adult of a class 1 felony following transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S.; and (b) Who is sentenced to life imprisonment with the possibility of parole after serving a period of forty calendar years as provided in section 18-1.3-401 (4)(b), C.R.S. (2) After considering any relevant evidence presented by any person or agency and considering the presumptions set forth in section 17-34-102 (8), the governor may grant parole to an inmate prior to the inmate's parole eligibility date if, in the governor's opinion, extraordinary mitigating circumstances exist and the inmate's release from institutional custody is compatible with the safety and welfare of society. (3) Upon application for parole by an inmate, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 1722.5-404, shall determine whether to grant parole. If the state board of parole determines that placing the inmate on parole is appropriate, the inmate shall remain in the legal custody of the department of corrections for the remainder of his or her life. If an application for parole is refused by the state board of parole, the state board of parole shall reconsider within five years thereafter whether the inmate should be granted parole. The state board of parole shall continue such reconsideration at least once every five years thereafter until the inmate is granted parole. (4) (a) If the state board of parole grants parole pursuant to subsection (3) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the inmate into the community while recognizing the need for public safety. (b) The conditions for parole for the inmate under this subsection (4) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to the inmate's release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall: (I) Continue the parole in effect; (II) Modify the conditions of parole if circumstances then shown to exist require such modifications and set forth those circumstances in writing; or (III) Revoke the parole and order the return of the inmate to a place of confinement designated by the executive director for any period of time remaining on the inmate's sentence to incarceration. (c) An inmate who has been reincarcerated due to a parole revocation pursuant to this subsection (4) shall be eligible for parole at any time during the reincarceration. (5) (a) If an inmate is subsequently reincarcerated pursuant to paragraph (b) of subsection (4) of this section, following reincarceration, the inmate may apply for parole and the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether to grant parole. If the state board of parole refuses the application for parole, the state board of parole shall reconsider within one year thereafter whether the inmate should be granted parole. The state board of parole shall continue such reconsideration each year thereafter, until the board grants the inmate parole. Colorado Revised Statutes 2019 Page 120 of 226 Uncertified Printout (b) If the state board of parole grants parole to an inmate pursuant to paragraph (a) of this subsection (5), the provisions of subsection (4) of this section shall apply while the inmate is serving the remainder of the period of parole. (6) (a) When an offender applies for early parole pursuant to this section after having successfully completed the specialized program described in section 17-34-102, the offender shall make his or her application to the governor's office with notice and a copy of the application sent to the state board of parole created in section 17-2-201. The state board of parole shall review the offender's application and all supporting documents and schedule a hearing if the board considers making a recommendation for early parole, at which hearing any victim must have the opportunity to be heard, pursuant to section 24-4.1-302.5 (1)(j), C.R.S. Not later than ninety days after receipt of a copy of an offender's application for early parole, the state board of parole, after considering the presumptions set forth in section 17-34-102 (8), shall make a recommendation to the governor concerning whether early parole should be granted to the offender. (b) The department, in consultation with the state board of parole, shall develop any necessary policies and procedures to implement this subsection (6), including procedures for providing notice to any victim, as required by sections 24-4.1-302.5 (1)(j) and 24-4.1-303 (14), C.R.S., and to the district attorney's office that prosecuted the crime for which the offender was sentenced. Source: L. 2006: Entire section added, p. 1053, § 5, effective May 25. L. 2016: (2) amended and (6) added, (SB 16-180), ch. 352, p. 1444, § 4, effective August 10. Cross references: For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 228, Session Laws of Colorado 2006. For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016. 17-22.5-404. Parole guidelines - definition. (1) The general assembly hereby finds that: (a) The risk of reoffense shall be the central consideration by the state board of parole in making decisions related to the timing and conditions of release on parole or revocation of parole; (b) Research demonstrates that actuarial risk assessment tools can predict the likelihood or risk of reoffense with significantly greater accuracy than professional judgment alone. Evidence-based correctional practices prioritize the use of actuarial risk assessment tools to promote public safety. The best outcomes are derived from a combination of empirically based actuarial tools and clinical judgment. (c) Although the state board of parole is made up of individuals, using structured decision-making unites the parole board members with a common philosophy and set of goals and purposes while retaining the authority of individual parole board members to make decisions that are appropriate for particular situations. Evidence-based correctional practices support the use of structured decision-making. (d) Structured decision-making by the state board of parole provides for greater accountability, standards for evaluating outcomes, and transparency of decision-making that can Colorado Revised Statutes 2019 Page 121 of 226 Uncertified Printout be better communicated to victims, offenders, other criminal justice professionals, and the community; and (e) An offender's likelihood of success may be increased by aligning the intensity and type of parole supervision, conditions of release, and services with assessed risk and need level. (2) (a) The division of criminal justice in the department of public safety shall develop the Colorado risk assessment scale to be used by the state board of parole in considering inmates for release on parole. The risk assessment scale shall include criteria that statistically have been shown to be good predictors of the risk of reoffense. The division of criminal justice shall validate the Colorado risk assessment scale at least every five years or more often if the predictive accuracy, as determined by data collection and analysis, falls below an acceptable level of predictive accuracy as determined by the division of criminal justice, the state board of parole, and the division of adult parole in the department of corrections. (b) The division of criminal justice, the department of corrections, and the state board of parole shall cooperate to develop parole board action forms consistent with this section that capture the rationale for decision-making that shall be published as official forms of the department of corrections. Victim identity and input shall be protected from display on the parole board action form or any parole hearing report that may become a part of an inmate record. (c) The division of criminal justice, in cooperation with the department of corrections and the state board of parole, shall provide training on the use of the administrative release guideline instrument developed pursuant to section 17-22.5-107 (1) and the Colorado risk assessment scale to personnel of the department of corrections, the state board of parole, administrative hearing officers, and release hearing officers. The division shall conduct the training on a semiannual basis. (d) The department of corrections, in cooperation with the state board of parole, shall provide training on the use of the administrative revocation guidelines developed pursuant to section 17-22.5-107 (2) to personnel of the department of corrections, the state board of parole, and administrative hearing officers. The department shall conduct the training semiannually. (3) For a person sentenced for a class 2, class 3, class 4, class 5, or class 6 felony or level 1, level 2, level 3, or level 4 drug felony who is eligible for parole pursuant to section 17-22.5403, or a person who is eligible for parole pursuant to section 17-22.5-403.7, the state board of parole may consider all applications for parole, as well as all persons to be supervised under any interstate compact. The state board of parole may parole any person who is sentenced or committed to a correctional facility when the board determines, by using, where available, evidence-based practices and the guidelines established by this section, that there is a reasonable probability that the person will not violate the law while on parole and that the person's release from institutional custody is compatible with public safety and the welfare of society. The state board of parole shall first consider the risk of reoffense in every release decision it makes. (4) (a) In considering offenders for parole, the state board of parole shall consider the totality of the circumstances, which include, but need not be limited to, the following factors: (I) The testimony or written statement from the victim of the crime, or a relative of the victim, or a designee, pursuant to section 17-2-214; (II) The actuarial risk of reoffense; (III) The offender's assessed criminogenic need level; (IV) The offender's program or treatment participation and progress; Colorado Revised Statutes 2019 Page 122 of 226 Uncertified Printout (V) The offender's institutional conduct; (VI) The adequacy of the offender's parole plan; (VII) Whether the offender while under sentence has threatened or harassed the victim or the victim's family or has caused the victim or the victim's family to be threatened or harassed, either verbally or in writing; (VIII) Aggravating or mitigating factors from the criminal case; (IX) The testimony or written statement from a prospective parole sponsor, employer, or other person who would be available to assist the offender if released on parole; (X) Whether the offender had previously absconded or escaped or attempted to abscond or escape while on community supervision; and (XI) Whether the offender successfully completed or worked toward completing a high school diploma, a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., or a college degree during his or her period of incarceration. (b) The state board of parole shall use the Colorado risk assessment scale that is developed by the division of criminal justice in the department of public safety pursuant to paragraph (a) of subsection (2) of this section in considering inmates for release on parole. (c) (I) Except as provided in subparagraph (II) of this paragraph (c), the state board of parole shall also use the administrative release guideline instrument developed pursuant to section 17-22.5-107 (1) in evaluating an application for parole. (II) The administrative release guideline instrument shall not be used in considering those inmates classified as sex offenders with indeterminate sentences for whom the sex offender management board pursuant to section 18-1.3-1009, C.R.S., has established separate and distinct release guidelines. The sex offender management board in collaboration with the department of corrections, the judicial department, the division of criminal justice in the department of public safety, and the state board of parole shall develop a specific sex offender release guideline instrument for use by the state board of parole for those inmates classified as sex offenders with determinate sentences. (5) (a) In conducting a parole revocation hearing, the state board of parole and the administrative hearing officer shall consider, where available, evidence-based practices and shall consider, but need not be limited to, the following factors: (I) A determination by the state board of parole that a parolee committed a new crime while on parole, if applicable; (II) The parolee's actuarial risk of reoffense; (III) The seriousness of the technical violation, if applicable; (IV) The parolee's frequency of technical violations, if applicable; (V) The parolee's efforts to comply with a previous corrective action plan or other remediation plan required by the state board of parole or parole officer; (VI) The imposition of intermediate sanctions by the parole officer in response to the technical violations that may form the basis of the complaint for revocation; and (VII) Whether modification of parole conditions is appropriate and consistent with public safety in lieu of revocation. (b) The state board of parole shall use the administrative revocation guidelines developed pursuant to section 17-22.5-107 (2), in evaluating complaints filed for parole revocation. Colorado Revised Statutes 2019 Page 123 of 226 Uncertified Printout (c) The state board of parole or the administrative hearing officer shall not revoke parole for a technical violation unless the board or administrative hearing officer determines on the record that appropriate intermediate sanctions have been utilized and have been ineffective or that the modification of conditions of parole or the imposition of intermediate sanctions is not appropriate or consistent with public safety and the welfare of society. (6) (a) The state board of parole shall work in consultation with the division of criminal justice in the department of public safety and the department of corrections to develop and implement a process to collect and analyze data related to the basis for and the outcomes of the board's parole decisions. The process shall collect data related to the board's rationale for granting, revoking, or denying parole. Any information relating to victim identification or victim input that is identifiable to an individual defendant or case shall be maintained, but kept confidential and released only to other government agencies, pursuant to a nondisclosure agreement, for the purpose of analysis and reporting, pursuant to paragraph (c) of this subsection (6). When the board grants parole, the process shall also collect data related to whether the offender has previously recidivated, the type of reentry program given to the offender as a part of the offender's parole plan, and whether the offender recidivates while on parole. (b) The state board of parole shall also determine whether a decision granting, revoking, or denying parole conformed with or departed from the administrative guidelines created pursuant to section 17-22.5-107 and, if the decision was a departure from the guidelines, the reason for the departure. The data collected pursuant to this paragraph (b) are subject to the same victim protections described in paragraph (a) of this subsection (6). (c) The state board of parole shall provide the data collected pursuant to this subsection (6) to the division of criminal justice in the department of public safety for analysis. The division of criminal justice shall analyze the data received pursuant to this paragraph (c) and shall provide its analysis to the board. The board and the division of criminal justice shall use the data and analysis to identify specific factors that are important in the decision-making process. (d) The division of criminal justice in the department of public safety shall provide the state board of parole with training regarding how to use the data obtained and analyzed pursuant to paragraph (c) of this subsection (6) to facilitate the board's future decision-making. (e) (I) Notwithstanding section 24-1-136 (11)(a), C.R.S., on or before March 31, 2017, and on or before March 31 each year thereafter, the state board of parole and the division of criminal justice in the department of public safety shall issue a report to the general assembly regarding outcomes of decisions by the state board of parole. The data must be reported to the general assembly only in the aggregate. (II) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 838, § 7, effective May 23, 2011.) (7) The department of corrections, the state board of parole, the division of adult parole, and the division of criminal justice in the department of public safety shall cooperate in implementing all aspects of this section. (8) This section shall apply to any person to whom section 17-22.5-303.5, as it existed prior to May 18, 1991, would apply pursuant to the operation of section 17-22.5-406, because the provisions of such sections are substantially similar. (9) For purposes of this section, "technical violation" means a violation of a condition of parole that is not a conviction for a new criminal offense or not determined by the state board of parole to be a commission of a new criminal offense. Colorado Revised Statutes 2019 Page 124 of 226 Uncertified Printout Source: L. 90: Entire part added, p. 948, § 19, effective June 7. L. 91: (6) amended and (8) added, p. 334, § 1, effective May 18. L. 93: (2)(a)(VII) amended, p. 1634, § 16, effective July 1. L. 97: (2)(a)(I) and (3)(a)(V) amended, p. 1008, § 9, effective August 6. L. 98: (2)(a)(I) amended, p. 820, § 18, effective August 5. L. 99: (4.5) added, p. 61, § 5, effective July 1. L. 2000: (5), (6)(b), (6)(c), (6)(d), (6)(e), and (7) amended, p. 845, § 42, effective May 24. L. 2006: (1) amended, p. 1054, § 6, effective May 25. L. 2008: (2)(a)(VIII) and (2)(a)(IX) amended, p. 658, § 8, effective April 25. L. 2009: (6)(d) amended, (SB 09-135), ch. 329, p. 1754, § 1, effective August 5. L. 2010: Entire section R&RE, (HB 10-1374), ch. 261, p. 1182, § 6, effective May 25. L. 2011: (6)(e) amended, (SB 11-241), ch. 200, p. 838, § 7, effective May 23. L. 2013: (3) amended, (SB 13-250), ch. 333, p.1934, § 50, effective October 1. L. 2014: (4)(a)(XI) amended, (SB 14-058), ch. 102, p. 378, § 3, effective April 7. L. 2016: (6)(e)(I) amended, (HB 16-1153), ch. 112, p. 317, § 1, effective August 10. Cross references: For the legislative declaration contained in the 2006 act amending subsection (1), see section 1 of chapter 228, Session Laws of Colorado 2006. 17-22.5-404.5. Presumption of parole - drug offenders. (1) There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who: (a) Is serving a sentence for which the controlling term of incarceration is based on a felony possession or use offense described in section 18-18-404, or section 18-18-405, C.R.S., as it existed prior to August 11, 2010; (b) Has not incurred a class I code of penal discipline violation within the last twelve months or a class II code of penal discipline violation within the last three months; (c) Is program-compliant; (d) Was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701; sections 18-7-402 to 18-7-407; or section 18-12-102 or 18-12-109, C.R.S.; or a felony crime listed in section 24-4.1-302 (1), C.R.S.; and (e) Does not have an active felony or immigration detainer. (2) Notwithstanding any provision of law to the contrary, an inmate who is eligible for the presumption in subsection (1) of this section shall have a parole release hearing within ninety days after becoming eligible for the presumption in subsection (1) of this section. (3) If the parole board grants parole to an inmate pursuant to subsection (1) of this section, the parole board shall require as a condition of parole that the parolee participate in substance abuse treatment consistent with the assessed treatment need of the parolee. (4) Repealed. (5) Nothing in this section shall be construed to limit the discretion of the parole board in considering the statutory release guidelines in section 17-22.5-404 or the administrative release guidelines developed pursuant to section 17-22.5-107 (1) in making a decision regarding an inmate's application for release to parole. Source: L. 2011: Entire section added, (HB 11-1064), ch. 234, p. 1009, § 1, effective May 27. Colorado Revised Statutes 2019 Page 125 of 226 Uncertified Printout Editor's note: Subsection (4)(b) provided for the repeal of subsection (4), effective February 1, 2016. (See L. 2011, p. 1010.) 17-22.5-404.7. Presumption of parole - nonviolent offenders with ICE detainers. (1) There shall be a presumption, subject to the final discretion of the parole board, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who: (a) Has been assessed by the Colorado risk assessment scale developed pursuant to section 17-22.5-404 (2)(a), to be medium risk or below of reoffense; (b) Is not serving a sentence for a felony crime described in section 18-3-303, 18-3-306, or 18-6-701, C.R.S.; sections 18-7-402 to 18-7-407, C.R.S.; or section 18-12-102 or 18-12-109, C.R.S.; section 18-17-104, C.R.S., or section 18-18-407, C.R.S.; or a felony crime listed in section 24-4.1-302 (1), C.R.S.; and (c) Has an active detainer lodged by the United States immigration and customs enforcement agency. (2) In determining whether to grant parole pursuant to provisions of subsection (1) of this section, the board shall consider the cost of incarceration to the state of Colorado in relation to the needs of further confinement of the inmate to achieve the purpose of the inmate's sentence. (3) (a) The state board of parole may release an eligible inmate, pursuant to subsection (1) of this section, only to the custody of the United States immigration and customs enforcement agency or other law enforcement agency with authority to execute the detainer on behalf of the United States immigration and customs enforcement agency. (b) If the United States immigration and customs enforcement agency withdraws the detainer or declines to take the inmate into custody, the state board of parole shall hold a recission hearing to reconsider the granting of parole to the inmate. (c) If the United States immigration and customs enforcement agency issues an order of deportation for the inmate, the department of corrections shall submit a request to the state board of parole to discharge parole. (d) A denial of parole by the state board of parole pursuant to this section shall not affect an inmate's eligibility for another form of parole or release applicable under law. (4) The board may consider the application for parole pursuant to the proceedings set forth in section 17-2-201 (4)(f) or 17-2-201 (9)(a). (5) For inmates who were parole eligible before May 23, 2011, the department shall notify the state board of parole of any of those inmates who meet the criteria listed in subsection (1) of this section, and the board shall either set a release hearing or conduct a release review within ninety days after May 23, 2011. Source: L. 2011: Entire section added, (SB 11-241), ch. 200, p. 838, § 8, effective May 23. 17-22.5-405. Earned time - earned release time - achievement earned time definition. (1) Earned time, not to exceed ten days for each month of incarceration or parole, may be deducted from the inmate's sentence upon a demonstration to the department by the inmate, which is certified by the inmate's case manager or community parole officer, that he or she has made consistent progress in the following categories as required by the department of corrections: Colorado Revised Statutes 2019 Page 126 of 226 Uncertified Printout (a) Work and training, including attendance, promptness, performance, cooperation, care of materials, and safety; (b) Group living, including housekeeping, personal hygiene, cooperation, social adjustment, and double bunking; (c) Participation in counseling sessions and involvement in self-help groups; (d) Progress toward the goals and programs established by the Colorado diagnostic program; (e) For any inmates who have been paroled, compliance with the conditions of parole release; (f) The offender has not harassed the victim either verbally or in writing; (g) The inmate has made positive progress, in accordance with performance standards established by the department, in the literacy corrections program or the correctional education program established pursuant to article 32 of this title. (1.2) Subsection (1) of this section applies to a person who was convicted as an adult for a class 1 felony committed while the person was a juvenile and who was sentenced pursuant to section 18-1.3-401 (4)(b) or (4)(c), C.R.S. As to a person who was convicted as an adult for a class 1 felony committed while the person was a juvenile and who was sentenced pursuant to section 18-1.3-401 (4)(c), C.R.S., it is the intent of the general assembly that the department award earned time to such a person both prospectively and retroactively from June 10, 2016, as if the person had been eligible to be awarded earned time from the beginning of his or her incarceration pursuant to the sentence that he or she originally received for such felony. (1.5) (a) Earned time, not to exceed twelve days for each month of incarceration or parole, may be deducted from an inmate's sentence if the inmate: (I) Is serving a sentence for a class 4, class 5, or class 6 felony or level 3 or level 4 drug felony; (II) Has not incurred a class I code of penal discipline violation within the twenty-four months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twenty-four months or a class II code of penal discipline violation within the twelve months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twelve months; (III) Is program-compliant; and (IV) Was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701, sections 18-7-402 to 18-7-407, or section 18-12-102 or 18-12-109, C.R.S., or a felony crime listed in section 24-4.1-302 (1), C.R.S. (b) The earned time specified in paragraph (a) of this subsection (1.5) may be deducted based upon a demonstration to the department by the inmate, which is certified by the inmate's case manager or community parole officer, that he or she has made consistent progress in the categories described in subsection (1) of this section. (c) Nothing in this subsection (1.5) shall preclude an inmate from receiving earned time pursuant to subsection (1) of this section if the inmate does not qualify for earned time pursuant to this subsection (1.5). (2) The department shall develop objective standards for measuring consistent progress in the categories listed in subsection (1) of this section. Such standards shall be applied in all evaluations of inmates for the earned time authorized in this section. Colorado Revised Statutes 2019 Page 127 of 226 Uncertified Printout (3) For each inmate sentenced to the custody of the department, or for each parolee, the department shall review the performance record of the inmate or parolee and may grant, withhold, withdraw, or restore, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted annually while such person is incarcerated and semiannually while such person is on parole and shall vest upon being granted. However, any earned time granted to a parolee shall vest upon completion of any semiannual review unless an administrative hearing within the department determines that such parolee engaged in criminal activity during the time period for which such earned time was granted, in which case the earned time granted during such period may be withdrawn. In addition to any other sanctions, the executive director may refer to the district attorney all cases where the offender tests positive for the presence of drugs. (3.5) In addition to the earned time deducted pursuant to subsection (1) of this section, an inmate working at a disaster site pursuant to section 17-24-124 shall be entitled to additional earned time in the amount of one day of earned time for every day spent at a disaster site. (4) (a) Except as described in subsection (6) or (9) of this section or in paragraph (b) of this subsection (4), and notwithstanding any other provision of this section, earned time may not reduce the sentence of an inmate as defined in section 17-22.5-402 (1) by a period of time that is more than thirty percent of the sentence. (b) Earned time may not reduce the sentence of an inmate described in subsection (1.2) of this section by a period of time that is more than twenty-five percent of the sentence. (5) (a) Notwithstanding subsections (1), (2), and (3) of this section, an offender who is sentenced and paroled for a felony offense other than a nonviolent felony committed on or after July 1, 1993, shall not be eligible to receive any earned time while the offender is on parole. An offender who is sentenced and paroled for a nonviolent felony offense committed on or after July 1, 1993, shall be eligible to receive any earned time while the offender is on parole. (a.5) Notwithstanding the provisions of paragraph (a) of this subsection (5), an offender who is sentenced for a felony committed on or after July 1, 1993, and paroled on or after January 1, 2009, shall be eligible to receive any earned time while on parole or after reparole following a parole revocation. (b) As used in this subsection (5), unless the context otherwise requires, a "nonviolent felony offense" means a felony offense other than a crime of violence as defined in section 181.3-406 (2), C.R.S., any of the felony offenses set forth in section 18-3-104, 18-4-203, or 18-4301, C.R.S., or any felony offense committed against a child as set forth in articles 3, 6, and 7 of title 18, C.R.S. (6) Earned release time shall be scheduled by the state board of parole and the time computation unit in the department of corrections for inmates convicted of class 4 and class 5 felonies or level 3 drug felonies up to sixty days prior to the mandatory release date and for inmates convicted of class 6 felonies or level 4 drug felonies up to thirty days prior to the mandatory release date for inmates who meet the following criteria: (a) The inmate has not incurred a class I code of penal discipline violation within the twenty-four months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twenty-four months or a class II code of penal discipline violation within the twelve months immediately preceding the time of crediting or during his or her entire term of incarceration if the term is less than twelve months; (b) The inmate is program-compliant; and Colorado Revised Statutes 2019 Page 128 of 226 Uncertified Printout (c) The inmate was not convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701, sections 18-7-402 to 187-407, or section 18-12-102 or 18-12-109, C.R.S., or a felony crime listed in section 24-4.1-302 (1), C.R.S. (7) Beginning in the fiscal year 2012-13, the general assembly may appropriate the savings generated by subsections (1.5) and (6) of this section to recidivism-reduction programs. (8) Notwithstanding any provision of this section to the contrary, after his or her first ninety days in administrative segregation, a state inmate in administrative segregation shall be eligible to receive earned time if he or she meets the criteria required by this section or any modified criteria developed by the department to allow a state inmate to receive the maximum amount of earned time allowable for good behavior and participation in any programs available to the state inmate in administrative segregation. (9) (a) Notwithstanding any provision of this section to the contrary, in addition to the earned time authorized in this section, an offender who successfully completes a milestone or phase of an educational, vocational, therapeutic, or reentry program, or who demonstrates exceptional conduct that promotes the safety of correctional staff, volunteers, contractors, or other persons under the supervision of the department of corrections, may be awarded as many as sixty days of achievement earned time per program milestone or phase or per instance of exceptional conduct, at the discretion of the executive director; except that an offender shall not be awarded more than one hundred twenty days of achievement earned time pursuant to this subsection (9). (a.5) (I) Pursuant to the intent of the general assembly in enacting House Bill 12-1223 during the 2012 regular session, the general assembly shall appropriate savings generated from the enactment of this subsection (9) to: (A) The education subprogram, for academic and vocational programs to offenders; and (B) The parole subprogram, for parole wraparound services. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a.5), the appropriation described in said subparagraph (I) must not exceed six million five hundred thousand dollars in any fiscal year. (III) In allocating the moneys appropriated pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (a.5), the department shall give priority to parole wraparound services that are administered based on evidence-based practices. (b) As used in this section, unless the context otherwise requires, "exceptional conduct" includes, but is not limited to: (I) Saving or attempting to save the life of another person; (II) Aiding in the prevention of serious bodily injury or loss of life; (III) Providing significant assistance in the prevention of a major facility disruption; (IV) Providing significant assistance in the solving of a cold case, as defined in section 24-4.1-302 (1.2), C.R.S.; (V) Acting to prevent an escape; or (VI) Providing direct assistance in a documented facility or community emergency. Source: L. 90: Entire part added, p. 952, § 19, effective June 7. L. 91: (1)(g) amended, p. 1912, § 20, effective June 1. L. 93: (5) added, p. 1980, § 5, effective July 1. L. 95: (5) amended, p. 879, § 14, effective May 24. L. 97: (5)(b) amended, p. 1548, § 24, effective July 1. L. 2001: Colorado Revised Statutes 2019 Page 129 of 226 Uncertified Printout (3.5) added, p. 1452, § 2, effective June 5. L. 2002: (5)(a) and (5)(b) amended, p. 1507, § 165, effective October 1. L. 2008: IP(1) amended, p. 658, § 9, effective April 25; (5)(a.5) added, p. 1756, § 3, effective July 1. L. 2009: (1.5), (6), and (7) added and (4) amended, (HB 09-1351), ch. 359, p. 1866, § 1, effective June 1. L. 2010: (1.5)(a) and (6) amended, (HB 10-1374), ch. 261, p. 1181, § 5, effective May 25. L. 2011: (8) added, (SB 11-176), ch. 289, p. 1343, § 4, effective July 1. L. 2012: (4), (5)(a), and (5)(a.5) amended and (9) added, (HB 12-1223), ch. 213, p. 916, § 2, effective May 24. L. 2013: (1.5)(a)(I) and IP(6) amended, (SB 13-250), ch. 333, p. 1934, § 51, effective October 1. L. 2015: (9)(a.5) added, (SB 15-195), ch. 279, p. 1144, § 1, effective August 5. L. 2016: (1.2) added and (4) amended, (SB 16-181), ch. 353, p. 1450, § 4, effective June 10. Cross references: For the legislative declaration contained in the 2002 act amending subsections (5)(a) and (5)(b), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2012 act amending subsections (4), (5)(a), and (5)(a.5) and adding subsection (9), see section 1 of chapter 213, Session Laws of Colorado 2012. 17-22.5-406. Applicability of part. (1) (a) This part 4 applies to all offenders sentenced for crimes committed on or after July 1, 1979. (b) Notwithstanding paragraph (a) of this subsection (1), the amount of earned time which may be credited pursuant to this part 4 to any inmate incarcerated on or before July 1, 1990, shall not exceed the amount of earned time actually earned by such inmate pursuant to earned time provisions in effect prior to July 1, 1990. (c) If the application of the provisions of this subsection (1) would result in the early discharge of any offender, the department shall refer such offender to the state board of parole which may, in its discretion, grant or deny parole using the guidelines established pursuant to section 17-22.5-404, discharge the offender or place such offender under conditional parole supervision. If the offender is placed on parole pursuant to this paragraph (c), the state board of parole may revoke the parole granted to such inmate for a period not to exceed the amount of earned time granted to the offender pursuant to this part 4. (d) Nothing in this subsection (1) shall be construed as a mandate to the state board of parole to release any inmate. (e) If any inmate incarcerated prior to June 7, 1990, has not accrued any earned time prior to such date, the provisions of law in effect at the time of such inmate's sentencing shall apply to such inmate in determining such inmate's discharge date. (2) Notwithstanding subsection (1) of this section, no offender incarcerated on June 7, 1990, shall be released pursuant to the provisions of subsection (1) of this section unless the department of corrections makes a written certification that the offender has met the conditions of paragraph (a) of this subsection (2) and at least two additional of the following criteria: (a) The offender has not used controlled substances, except pursuant to the prescription of a physician, for at least one year prior to such certification. (b) The offender has engaged in a satisfactory participation in available educational programs during his incarceration. (c) The offender has engaged in a satisfactory participation in any treatment programs indicated in his diagnostic evaluation. Colorado Revised Statutes 2019 Page 130 of 226 Uncertified Printout (d) The offender has had no serious infractions of the penal code of discipline for at least two years. (e) The offender has had an exemplary work record while being incarcerated under the custody of the department of corrections. (3) This part 4 shall not apply to any offender who is presently incarcerated who does not meet the appropriate criteria stated in subsection (2) of this section. Any such offender's sentence shall be governed by provisions in existence prior to June 7, 1990. (4) Repealed. Source: L. 90: Entire part added, p. 953, § 19, effective June 7. L. 98: (4) repealed, p. 727, § 11, effective May 18. 17-22.5-407. Genetic testing as condition of parole - repeal. (Repealed) Source: L. 2001: Entire section added, p. 957, § 6, effective July 1. L. 2002: Entire section amended, p. 1153, § 10, effective July 1. L. 2006: (2) added by revision, pp. 1690, 1693, §§ 8, 17. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2007. (See L. 2006, pp. 1690, 1693.) ARTICLE 23 Inmates with a Behavioral or Mental Health Disorder or an Intellectual and Developmental Disability - Transfer Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 23 of title 27. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. 17-23-101. Transfer of an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability. (1) (a) The executive director, in coordination with the executive director of the department of human services, may only transfer an inmate who has a behavioral or mental health disorder or an intellectual and developmental disability and who cannot be safely confined in a correctional facility to an appropriate facility operated by the department of human services for observation and stabilization if the department of corrections follows the policy established pursuant to subsection (1)(b) of this section. The costs associated with care provided in the facility operated by the department of human services are charged to the department of human services. (b) On or before August 1, 2015, the department of corrections shall develop and maintain a policy that provides for due process guarantees prior to the transfer of an inmate who cannot be safely confined in a correctional facility to a facility operated by the department of human services for observation and stabilization. (2) (Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.) Colorado Revised Statutes 2019 Page 131 of 226 Uncertified Printout (3) The executive director of the department of human services may transfer to a correctional facility a person who is receiving care at the Colorado mental health institute at Pueblo or Fort Logan only if the person is serving a sentence to the department. (4) (Deleted by amendment, L. 2000, p. 846, § 43, effective May 24, 2000.) Source: L. 77: Entire title R&RE, p. 926, § 10, effective August 1. L. 79: (1), (2), and (4) amended, p. 697, § 59, effective July 1. L. 91: (1), (3), and (4) amended, p. 1143, § 7, effective May 18. L. 94: (1) amended, p. 604, § 9, effective July 1; (3) amended, p. 2652, § 129, effective July 1. L. 2000: Entire section amended, p. 846, § 43, effective May 24. L. 2006: (1) and (3) amended, p. 1398, § 46, effective August 7. L. 2015: (1) and (3) amended, (HB 151269), ch. 117, p. 354, § 1, effective April 24. L. 2017: (1)(a) amended, (SB 17-242), ch. 263, p. 1303, § 132, effective May 25. Editor's note: This section is similar to former § 27-23-101 as it existed prior to 1977. Cross references: (1) For records required upon transfer, see § 17-1-108. (2) For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-23-102. Transfer of recovered inmate. When the superintendent of an institution or facility in which a person has been placed by transfer from a correctional facility, as provided in section 17-23-101, is of the opinion that the person is stabilized or cannot be safely confined in the institution or facility, it is the duty of the superintendent to give written notice of such recovery or safety concerns to the executive director who shall transfer the person to the place of former commitment for the purpose of serving out his or her sentence, if the same has not expired. Source: L. 77: Entire title R&RE, p. 926, § 10, effective August 1. L. 79: Entire section amended, p. 698, § 60, effective July 1. L. 94: Entire section amended, p. 604, § 10, effective July 1. L. 2000: Entire section amended, p. 847, § 44, effective May 24. L. 2015: Entire section amended, (HB 15-1269), ch. 117, p. 355, § 2, effective April 24. Editor's note: This section is similar to former § 27-23-102 as it existed prior to 1977. 17-23-103. Transfer to department. (Repealed) Source: L. 77: Entire title R&RE, p. 927, § 10, effective August 1. L. 79: (1)(d) and (2) amended, p. 698, § 61, effective July 1. L. 91: IP(1), (1)(d), and (2) amended, p. 1144, § 8, effective May 18. L. 2015: Entire section repealed, (HB 15-1269), ch. 117, p. 355, § 3, effective April 24. Editor's note: This section was similar to former § 27-23-103 as it existed prior to 1977. ARTICLE 24 Colorado Revised Statutes 2019 Page 132 of 226 Uncertified Printout Correctional Industries Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 25 of title 27. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. Cross references: For other provisions concerning work by inmates, see § 17-20-117 and article 29 of this title. 17-24-101. Short title. This article shall be known and may be cited as the "Correctional Industries Act". Source: L. 77: Entire title R&RE, p. 927, § 10, effective August 1. Editor's note: This section is similar to former § 27-25-101 as it existed prior to 1977. 17-24-102. Legislative declaration. (1) The general assembly hereby finds and declares that, to the extent possible, all able-bodied offenders should be employed and that the means now provided for the employment of offenders are inadequate to allow a forty-hour-week work assignment for all able-bodied offenders and for correctional industries programs to be operated on a financially profitable basis. Therefore, it is the intent of the general assembly in this article to: (a) Create a division of correctional industries which is profit-oriented, which generates revenue for its operations and capital investment, which partly reimburses the general fund for the expense of correctional services, and which assumes responsibility for training offenders in general work habits, work skills, and specific training skills that increase their employment prospects when released; (b) Develop, to the extent possible, industries that provide forty hours of work activity each week for all able-bodied offenders; (c) Provide an environment for the operation of correctional industries that closely resembles the environment for the business operations of a private corporate entity; (d) Make the division of correctional industries responsible for and accountable to the general assembly and to the governor for correctional industries programs in this state. (2) It is the intent of the general assembly that the division of correctional industries assume all duties and functions for correctional industries. Source: L. 77: Entire title R&RE, p. 927, § 10, effective August 1. L. 79: (2) amended, p. 698, § 62, effective July 1. L. 80: IP(1), (1)(a), and (1)(b) amended, p. 525, § 2, effective March 25. Editor's note: This section is similar to former § 27-25-102 as it existed prior to 1977. 17-24-103. Definitions. As used in this article, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 133 of 226 Uncertified Printout (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) "Programs" means the correctional industries programs provided and administered by the division but does not include educational services or other productive activities administered by the division of adult parole. Source: L. 77: Entire title R&RE, p. 928, § 10, effective August 1. L. 80: Entire section R&RE, p. 526, § 3, effective March 25. L. 2000: (4) amended, p. 864, § 64, effective May 24. 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 hereby created in the department of corrections the division of correctional industries, which shall be under the direction of the director of correctional industries, who shall be appointed by the executive director of the department of corrections pursuant to section 13 of article XII of the state constitution. The division shall constitute 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), C.R.S., 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 shall not be a district for purposes of section 20 of article X of the state constitution. (2) (a) There is hereby created the correctional industries advisory committee, which shall consist 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 appointed by the governor. (b) Each member shall hold office for his or her term and until his or her successor is appointed and qualified. Any member shall be eligible for reappointment, but he or she shall not Colorado Revised Statutes 2019 Page 134 of 226 Uncertified Printout be eligible to serve more than two consecutive full terms. Except as otherwise provided in section 2-2-326, C.R.S., members of the advisory committee shall receive no 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 chairman 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. (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. Colorado Revised Statutes 2019 Page 135 of 226 Uncertified Printout (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 17-24106.3, 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. Source: L. 77: Entire title R&RE, p. 928, § 10, effective August 1. L. 83: (2)(a)(II) and (2)(b) amended and (2)(a)(VII) added, p. 688, § 1, effective May 25; (2)(a)(III) amended, p. 970, § 22, effective July 1, 1984. L. 86: (2)(d) and (4) added and (3) amended, p. 410, §§ 11, 12, effective March 26. L. 88: (3)(b) amended, p. 316, § 8, effective April 14; (2)(a)(V) R&RE, p. 703, § 1, effective July 1. L. 89: (2) and (4) RC&RE, p. 881, § 1, effective April 8. L. 90: (2)(d), (3)(b), and (4) repealed, p. 334, § 24, effective April 3. L. 94: (1) amended and (5) added, p. 313, § 1, effective March 22. L. 95: (2)(a)(IV) amended, p. 639, § 26, effective July 1. L. 98: (2)(a)(VII) and (3)(a) amended and (2)(a)(VIII) added, p. 426, § 2, effective April 21. L. 2006: (6) added, p. 826, § 1, effective May 4. L. 2011: (6) repealed, (HB 11-1301), ch. 297, p. 1424, § 17, effective August 10. L. 2014: (2)(b) amended, (SB 14-153), ch. 390, p. 1962, § 9, effective June 6. Editor's note: (1) This section is similar to former § 27-25-104 as it existed prior to 1977. (2) (a) Subsection (2)(d) provided for the repeal of subsection (2), effective July 1, 1988. (See L. 86, p. 410.) However, subsection (2) was recreated and reenacted in 1989. (b) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 1988. (See L. 86, p. 410.) Subsection (4) was then recreated and reenacted in 1989 and was subsequently repealed again in 1990. 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. Source: L. 77: Entire title R&RE, p. 929, § 10, effective August 1. 17-24-106. General powers of the division. (1) In addition to any other powers granted to the division by this article, the division shall have the following powers: (a) To provide programs which are profit-oriented, which generate revenue for their operation and capital investment, and which partly reimburse the general fund for the use of inmate labor for the expense of adult correctional services; (b) To develop, to the extent possible, programs that provide forty hours of work activity each week for all able-bodied offenders; Colorado Revised Statutes 2019 Page 136 of 226 Uncertified Printout (c) To develop programs that assume responsibility for training offenders in general work habits, general work skills, and specific training skills which increase the offenders' employment prospects when released; (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 for the state programs at the state's correctional institutions pursuant to law; (e) To utilize the labor services of prisoners in the manufacture or production of 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 all goods and services, including capital construction items, produced by the 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; or (II) To sell such goods to lessors who have entered into lease-purchase agreements with any public entity enumerated in subparagraph (I) of this paragraph (f) pursuant to which such goods are leased to and 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; Colorado Revised Statutes 2019 Page 137 of 226 Uncertified Printout (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 the programs 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 paragraph (p). The price of flags to state agencies and political subdivisions of this state shall be determined pursuant to section 17-24-112. (q) Repealed. (r) To utilize the labor services of prisoners in order to receive, repair, and distribute surplus property pursuant to the powers and duties provided in part 4 of article 82 of title 24, C.R.S., and to use such labor services in order 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 17-24106.3; (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. Source: L. 77: Entire title R&RE, p. 929, § 10, effective August 1. L. 79: (1)(j) amended, p. 707, § 1, effective May 22. L. 80: (1)(f) amended, p. 528, § 1, effective February 29; (1)(a) and (1)(b) amended, p. 526, § 4, effective March 25. L. 81: (1)(p) and (1)(q) added, p. 962, § 1, effective May 18. L. 82: (1)(j) amended, p. 623, § 16, effective April 2. L. 83: (1)(p) amended and (1)(q) repealed, p. 692, §§ 1, 2, effective March 3; (1)(f) amended, p. 690, § 1, effective April 29. L. 86: (2) added, p. 757, § 12, effective July 1; (1)(r) added, p. 753, § 1, effective July 1, 1987. L. 92: (1)(k) amended, p. 1062, § 1, effective June 1. L. 94: (1)(s) added, p. 315, § 2, effective March 22. L. 96: (1)(k)(III) amended, p. 1266, § 182, effective August 7. L. 97: (1)(j) amended, p. 78, § 1, effective March 24. L. 98: (1)(k)(II) to (1)(k)(IV) repealed, p. 728, § 12, effective May 18. L. 2002: (1)(r) amended, p. 220, § 2, effective April 3; (1)(t) added, p. 56, § 1, effective July 1. Editor's note: (1) This section is similar to former § 27-25-103 as it existed prior to 1977. (2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 1988. (See L. 86, p. 757.) Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 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. Colorado Revised Statutes 2019 Page 138 of 226 Uncertified Printout (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. Source: L. 94: Entire section added, p. 315, § 3, effective March 22. 17-24-106.5. Interstate sales authorized. (Repealed) Source: L. 79: Entire section added, p. 709, § 1, effective May 22. L. 80: Entire section repealed, p. 528, § 2, effective February 29. 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.) Colorado Revised Statutes 2019 Page 139 of 226 Uncertified Printout (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. Source: L. 86: Entire section added, p. 753, § 2, effective July 1, 1987. L. 90: (2)(a) amended and (2.1) added, p. 961, § 1, effective June 9. L. 91: (1)(b) amended, p. 1058, § 13, effective July 1. L. 97: (2.1)(c) amended, p. 1009, § 10, effective August 6. L. 98: (5) amended, p. 820, § 19, effective August 5. L. 2002: Entire section amended, p. 218, § 1, effective April 3. L. 2005: (2)(a) and (6) amended and (2)(c) added, p. 33, § 1, effective August 8. L. 2006: (2)(c) amended and (2)(d) added, p. 826, § 2, effective May 4. L. 2011: (1)(b) and (2) amended, (HB 11-1301), ch. 297, p. 1424, § 16, effective August 10. L. 2012: (1)(b) amended, (HB 12-1081), ch. 210, p. 902, § 1, effective August 8. L. 2017: (4) and (5) amended, (SB 17-294), ch. 264, p. 1393, § 36, effective May 25; (2)(a) amended, (HB 17-1051), ch. 99, p. 349, § 61, effective August 9. Editor's note: Subsection (2.1)(b) provided for the repeal of subsection (2.1)(b), effective September 1, 1990. (See L. 90, p. 961.) 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. Colorado Revised Statutes 2019 Page 140 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 930, § 10, effective August 1. 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. Source: L. 77: Entire title R&RE, p. 930, § 10, effective August 1. 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. Source: L. 77: Entire title R&RE, p. 930, § 10, effective August 1. L. 79: (1) amended, p. 698, § 63, effective July 1. L. 80: (4) amended, p. 526, § 5, effective March 25. L. 2000: (4) amended, p. 864, § 65, effective May 24. L. 2017: (1) and (4) amended and (2) repealed, (HB 17-1125), ch. 125, p. 431, § 1, effective August 9. 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. Colorado Revised Statutes 2019 Page 141 of 226 Uncertified Printout Source: L. 78: Entire section added, p. 359, § 1, effective May 2. L. 87: (2) amended, p. 663, § 2, effective July 1. L. 88: Entire section amended, p. 705, § 1, effective July 1, 1989. L. 99: (2) amended, p. 550, § 1, effective May 7. L. 2015: Entire section amended, (SB 15-090), ch. 334, p. 1360, § 4, effective (see editor's note). Editor's note: Section 6(1)(b) and 6(2) of chapter 334 (SB 15-090), Session Laws of Colorado 2015, provides that changes to this section take effect only if the department of revenue receives enough gifts, grants, and donations for materials, start-up costs, and computer programming necessary to implement this act, and take effect January 1, 2016, only if the revisor of statutes receives written notice that such funds were received. The revisor of statutes received the required notice, dated February 12, 2016. 17-24-109.8. Pilot program - refuse derived fuel. (Repealed) Source: L. 80: Entire section added, p. 529, § 1, effective May 1. Editor's note: Subsection (6) provided for the repeal of this section, effective December 31, 1980. (See L. 80, p. 529.) 17-24-110. Financial payment incentives. (1) The division shall establish a system of financial payments to serve as an incentive for more effective and efficient performance of its programs. (2) The division shall be provided, from the diagnostic services unit of the division of adult parole, personnel testing services that perform a vocational assessment of work experience and training needs; from the superintendent of each correctional institution, offender labor services; 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 offenders. (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. Source: L. 77: Entire title R&RE, p. 930, § 10, effective August 1. L. 2000: (2) and (4) amended, p. 857, § 66, effective May 24. L. 2017: (3) repealed, (HB 17-1125), ch. 125, p. 431, § 2, effective August 9. 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 lease-purchase agreements as provided in section 17-24-106 (1)(f)(II). The director shall also develop programs to market Colorado Revised Statutes 2019 Page 142 of 226 Uncertified Printout 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. (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 Colorado Revised Statutes 2019 Page 143 of 226 Uncertified Printout 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. Source: L. 77: Entire title R&RE, p. 931, § 10, effective August 1. L. 81: (1), (2), and (3) amended, p. 1285, § 2, effective January 1, 1982. L. 83: (1) amended, p. 690, § 2, effective April 29. L. 84: (1), (2), and (3) amended, p. 525, § 1, effective May 2. L. 87: (1)(e) repealed, p. 349, § 4, effective July 1; (2)(c) and (2)(d) added, p. 664, § 3, effective July 1. L. 88: (1)(a) and (2)(a) amended and (1)(b) and (3) repealed, pp. 703, 704, §§ 2, 3, effective July 1. L. 95: (1)(c) amended, p. 639, § 27, effective July 1. L. 96: (1)(a), (1)(c), (1)(f), and (2)(a) amended, p. 1514, § 44, effective June 1. L. 98: (2)(a) repealed, p. 728, § 13, effective May 18. L. 2011: (6) added, (HB 11-1301), ch. 297, p. 1424, § 18, effective August 10. L. 2017: (1)(a) and (6)(a) amended, (HB 17-1051), ch. 99, p. 349, § 62, effective August 9. Editor's note: (1) This section is similar to former § 27-25-106 as it existed prior to 1977. (2) Subsections (2)(c) and (2)(d) provided for the repeal of subsections (2)(c) and (2)(d), respectively, effective June 30, 1994. (See L. 87, p. 664.) Cross references: For the authority of state agencies to contract with private enterprise for goods or services, see § 6-2-115.5. 17-24-112. Pricing. (1) The division shall fix and determine the prices at which all labor is performed and at which all goods and services produced are sold. Such prices for industry products shall be as near the prevailing market prices for similar goods and services and quality as is practical. Such prices, other than prices for agricultural products, shall 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. Colorado Revised Statutes 2019 Page 144 of 226 Uncertified Printout (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. Source: L. 77: Entire title R&RE, p. 932, § 10, effective August 1. Editor's note: This section is similar to former § 27-25-108 as it existed prior to 1977. 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 17-24106.6, 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. Colorado Revised Statutes 2019 Page 145 of 226 Uncertified Printout (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. Source: L. 77: Entire title R&RE, p. 932, § 10, effective August 1. L. 86: (3) and (4) amended, p. 754, § 3, effective July 1, 1987. L. 93: (7)(a) repealed, p. 29, § 1, effective March 18. L. 97: (3) amended, p. 78, § 2, effective March 24. L. 98: (3) amended, p. 368, § 2, effective September 1. L. 2002: (3) and (4) amended, p. 220, § 3, effective April 3; (3) and (4) amended, p. 56, § 2, effective July 1. Editor's note: (1) This section is similar to former § 27-25-111 as it existed prior to 1977. (2) Amendments to subsections (3) and (4) by House Bill 02-1171 and House Bill 021286 were harmonized. 17-24-114. Provisions for offenders. (1) The director shall make all offender work assignments within the division. Each such offender work assignment shall take into account the diagnostic services unit recommendation of employment training needs of the offender and the security classification of the offender as determined by the superintendent of each correctional institution. (2) The director shall establish the rate of compensation for the offenders working. The director and the director of the division of adult parole shall have the authority to make rules and regulations regarding the method and time of compensation payments. A portion of such compensation shall be paid to the division of adult parole to defray the cost of operations for adult parole, and a portion of such compensation shall be paid to each offender in relation to the number of hours worked, type of work assignment, and quality of work performed. Payment rates shall be established on an annual basis after review by the joint budget committee and by appropriation of the general assembly. No offender shall be compensated if he is placed in administrative or punitive segregation or if he is able-bodied but refuses to participate in an Colorado Revised Statutes 2019 Page 146 of 226 Uncertified Printout available work program or other productive activity. The department will provide hygienic items to all inmates in administrative or punitive segregation. (3) The division of adult parole is empowered to grant earned time allowances consistent with part 4 of article 22.5 of this title in relation to an offender's work performance and evaluation, as recommended by the director. (4) The division has the power to establish rules and regulations governing the employment, conduct, and management of offenders while assigned to programs. All such rules and regulations pertaining to the payment, employment, conduct, and management of offenders shall be published and posted for offenders. Source: L. 77: Entire title R&RE, p. 934, § 10, effective August 1. L. 78: (2) amended, p. 360, § 2, effective May 2. L. 80: (2) amended, p. 526, § 6, effective March 25. L. 90: (3) amended, p. 954, § 23, effective May 25. L. 96: (3) amended, p. 1149, § 8, effective June 1. L. 2000: (2) and (3) amended, p. 857, § 67, effective May 24. 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. Source: L. 77: Entire title R&RE, p. 934, § 10, effective August 1. Editor's note: This section is similar to former § 27-25-110 as it existed prior to 1977. 17-24-116. Sole authority. The division shall have sole authority for operating any programs within the adult correctional institutions of this state. Source: L. 77: Entire title R&RE, p. 934, § 10, effective August 1. 17-24-117. Penalty. (Repealed) Source: L. 77: Entire title R&RE, p. 934, § 10, effective August 1. L. 93: Entire section repealed, p. 2129, § 2, effective September 1. Editor's note: This section was similar to former § 27-25-112 as it existed prior to 1977. 17-24-118. Treasurer and controller to write off debt. (Repealed) Source: L. 79: Entire section added, p. 711, § 1, effective June 7. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1980. (See L. 79, p. 711.) 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 Colorado Revised Statutes 2019 Page 147 of 226 Uncertified Printout 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. Source: L. 81: Entire section added, p. 963, § 1, effective May 27. L. 88: (1) amended, p. 1430, § 8, effective June 11. L. 96: (2)(d) added, p. 1149, § 9, effective June 1. L. 2000: (1), (2)(b), and (2)(d) amended, p. 857, § 68, effective May 24. 17-24-120. Treasurer and controller to write off amount owed state. (Repealed) Source: L. 82: Entire section added, p. 310, § 1, effective March 25. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1983. (See L. 82, p. 310.) 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 Colorado Revised Statutes 2019 Page 148 of 226 Uncertified Printout 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. Source: L. 87: Entire section added, p. 664, § 4, effective July 1. L. 94: (5) amended, p. 1813, § 6, effective June 1. L. 95: Entire section RC&RE, p. 875, § 9, effective May 24. L. 96: (5) amended, p. 1149, § 10, effective June 1. Editor's note: Prior to this section being recreated and reenacted in 1995, former subsection (6) provided for the repeal of this section, effective June 30, 1994. (See L. 87, p. 664.) 17-24-122. Agreements for the employment of inmates by private entities. (1) The department of corrections, working through the division, is authorized to enter into agreements with private persons or entities for the utilization of inmate labor in the manufacturing, 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 financing by the private contractor 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 shall provide that any inmate assigned pursuant to section 17-24-114 (1) to work as inmate labor for a private person or entity which made such agreement pursuant to subsection (1) of this section shall be an employee of the private person or entity and, notwithstanding section 17-24-114 (2), such inmate shall be paid at least the federal minimum wage for the labor performed. Such wages shall be paid to the Colorado Revised Statutes 2019 Page 149 of 226 Uncertified Printout department of corrections and shall be held in trust for the inmate in a revenue-producing account until the inmate is paroled or discharged from custody. The provisions of section 8-40301 (3), C.R.S., shall apply to any inmate employed by a private person or entity pursuant to this section. (4) Out of the wages held in trust for an inmate pursuant to subsection (3) of this section, the department of corrections shall deduct up to fifty percent of such wages to be used to defray the costs incident to the inmate's confinement. (5) Out of the wages held in trust for an inmate pursuant to subsection (3) of this section, and subsequent to the deduction made pursuant to subsection (4) of this section, the department of corrections shall deduct periodically for the following purposes and in the following order of priority: (a) Compensation of 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, C.R.S., as is deemed appropriate by the executive director of the department of corrections; (b) Payment of such amounts for the support of the inmate's dependents as is deemed appropriate by the executive director of the department of corrections, taking into account any court orders for such support; and (c) Payment of incidental expenses of the inmate while the inmate is still in custody. (6) Any amounts of money which remain in trust for the inmate after the deductions made pursuant to this section shall be paid to the inmate upon parole or discharge from custody. The executive director of the department of corrections shall have the discretion to pay to the inmate any amounts of money which remain in trust for such inmate in installments over the period of one year from the date of parole or discharge. If an inmate dies prior to discharge from custody and the body goes unclaimed for more than five days, the amount remaining in trust may be used to defray any costs incurred by the state of Colorado in connection with the burial of such inmate and any amount remaining after burial costs have been paid or the body has been claimed shall 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) In making offender work assignments pursuant to section 17-24-114, there shall be a presumption that the most fit and able inmates shall be assigned by the director to a work assignment pursuant to this section. Source: L. 93: Entire section added, p. 2127, § 1, effective September 1. L. 95: (1) amended, p. 1097, § 17, effective May 31. L. 96: (5)(a.5) added, p. 1150, § 11, effective June 1. 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 Colorado Revised Statutes 2019 Page 150 of 226 Uncertified Printout 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). Source: L. 96: Entire section added, p. 813, § 1, effective May 23. 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. Colorado Revised Statutes 2019 Page 151 of 226 Uncertified Printout (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. Source: L. 98: Entire section added, p. 17, § 1, effective August 5. L. 2001: (3) and (6) amended, p. 1452, § 1, effective June 5. 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 nonstateowned 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; Colorado Revised Statutes 2019 Page 152 of 226 Uncertified Printout (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 a state prisoner in trust for the prisoner in a revenue-producing account until the prisoner is paroled or discharged from custody. Out of the wages held in trust for a state prisoner pursuant to the provisions of this paragraph (a), the nonstate-owned prison facility shall make disbursements pursuant to the provisions of section 17-24-122 (4) and (5). Section 17-24-122 (6) shall also apply to any wages held in trust for a state prisoner pursuant to this paragraph (a). (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. Source: L. 98: Entire section added, p. 424, § 1, effective April 21. Editor's note: Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective January 1, 2000. (See L. 98, p. 424.) 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. Colorado Revised Statutes 2019 Page 153 of 226 Uncertified Printout Source: L. 2002: Entire section added, p. 57, § 3, effective July 1. L. 2015: (5) repealed, (SB 15-264), ch. 259, p. 951, § 39, effective August 5; (4) amended, (SB 15-239), ch. 160, p. 488, § 9, effective July 1, 2016. ARTICLE 25 Minimum Security Facilities Editor's note: (1) This article was originally enacted in 1977 as part 2 of article 20 of title 27 but was incorporated later in 1977 into this title when all the provisions in title 27 relating to corrections were transferred to title 17. (See L. 77, p. 1377, § 1.) (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. 17-25-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Department" means the department of corrections. (2) "Minimum security facility" means a facility which is designed and operated to protect the public from least security risk inmates and is operated by the department for adult felony inmates committed to the custody of the executive director of the department and includes but is not limited to the Colorado correctional center at Golden, the Rifle correctional center at Rifle, and the Delta correctional center at Delta, but does not include any community corrections program as defined in section 17-27-102 (3). Source: L. 77: Entire title R&RE, p. 934, § 10, effective August 1. L. 79: (2) amended, p. 699, § 64, effective July 1. L. 93: (2) amended, p. 54, § 17, effective July 1; (2) amended, p. 718, § 3, effective July 1. Editor's note: Amendments to subsection (2) in House Bill 93-1190 and House Bill 931233 were harmonized. 17-25-102. Minimum security facility - limitations. (1) Except for correctional facilities located in Fremont county and Delta county, a permanent minimum security facility existing on July 14, 1989, including the Rifle correctional center, shall not exceed a capacity of one hundred ninety-two inmates. (2) Notwithstanding the provisions of subsection (1) of this section, the Colorado correctional center shall not exceed a capacity of one hundred fifty inmates. Source: L. 77: Entire title R&RE, p. 935, § 10, effective August 1. L. 89, 1st Ex. Sess.: Entire section R&RE, p. 20, § 6, effective July 1. L. 95: Entire section amended, p. 1282, § 20, effective June 5. L. 96: Entire section amended, p. 1150, § 13, effective June 1. 17-25-103. Placement limitations. No adult felony violent or sex offender shall be placed by the department in a minimum security facility located in any county without first having been placed in at least one more restrictive setting for not less than six months. Said sixmonth time period shall include any time spent by the inmate in any diagnostic unit operated by Colorado Revised Statutes 2019 Page 154 of 226 Uncertified Printout the department. The six-month requirement may be waived only with the approval of the executive director. Source: L. 77: Entire title R&RE, p. 935, § 10, effective August 1. L. 2000: Entire section amended, p. 848, § 45, effective May 24. ARTICLE 26 Jails Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 26 of title 27. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. Cross references: For reimbursement by the department of corrections of expenses incurred by a county or city and county to maintain a prisoner in a local jail, see § 17-1-112. PART 1 GENERAL PROVISIONS 17-26-101. Jail in each county. There shall be maintained in each county in this state, at the expense of the county, a county jail for the detention, safekeeping, and confinement of persons and prisoners lawfully committed. Nothing in this article shall be construed to compel the erection of jails in counties having a population of less than two thousand or when the county owns a jail erected in any other place in the county. Source: L. 77: Entire title R&RE, p. 935, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-101 as it existed prior to 1977. 17-26-102. Keeper of jail - expenses. The sheriff of the county, in person or by deputy appointed for that purpose, shall be the keeper of the county jail. He shall be responsible for the manner in which the same is kept. He shall see that the same is kept clean, safe, and wholesome. The expenses of keeping the jail in good order and repair and of lighting and warming that part thereof wherein prisoners are confined and the office in the jail shall be paid by the county wherein the jail is situated. Nothing in this section shall authorize the lighting or warming of that part of the jail occupied by the keeper thereof as his dwelling house. Source: L. 77: Entire title R&RE, p. 935, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-102 as it existed prior to 1977. Cross references: For the sheriff as custodian of the jail, see also § 30-10-511. Colorado Revised Statutes 2019 Page 155 of 226 Uncertified Printout 17-26-103. Duties of keeper. The keepers of the several county jails and adult detention centers in this state shall receive and safely keep every person duly committed or placed pursuant to section 16-11-308.5, C.R.S., to such jail or adult detention center for safekeeping, examination, or trial or duly sentenced to imprisonment in such jail or adult detention center upon conviction for any contempt or misconduct or for any criminal offense, and they shall not without lawful authority let out of such jail, on bail or otherwise, any such person. Source: L. 77: Entire title R&RE, p. 935, § 10, effective August 1. L. 88: Entire section amended, p. 677, § 3, effective July 1; entire section amended, p. 710, § 10, effective July 1. L. 93: Entire section amended, p. 407, § 5, effective April 19. Editor's note: This section is similar to former § 27-26-103 as it existed prior to 1977. Cross references: For use of physical force to maintain order and discipline, see § 18-1703 (1)(b). 17-26-104. Feeding prisoners. The sheriff of each county shall feed all the prisoners kept in confinement by him with good and sufficient food. The board of county commissioners of such county, at the expense of the county, shall furnish to such sheriff all the groceries, supplies, utensils, equipment, and assistants he requires to perform his duty of properly feeding such prisoners and shall also pay all the costs and expenses incurred therein. Source: L. 77: Entire title R&RE, p. 936, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-104 as it existed prior to 1977. 17-26-104.3. Menstrual hygiene products for a person in custody - definitions. (1) A facility, as defined in subsection (2) of this section, whether operated by a governmental entity or a private contractor, 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. The facility 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: (a) "Facility" means: (I) A local jail, as defined in section 17-1-102 (7); (II) A multijurisdictional jail, as described in section 17-26.5-101; and (III) A municipal jail, as authorized in section 31-15-401 (1)(j). (b) "Menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners. Source: L. 2019: Entire section added, (HB 19-1224), ch. 131, p. 589, § 4, effective April 25. Cross references: For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 156 of 226 Uncertified Printout 17-26-104.5. Medical visits - charge to persons in custody - provider charges - state hospital in Pueblo. (1) A county jail may assess a medical treatment charge against any person who receives while being held in custody medical treatment performed by a physician, dentist, nurse, or licensed hospital or as a result of a sick call or for whom a prescription is filled. The county jail may assess any such medical treatment charge against the person's jail account. In addition, the county jail may assess a reasonable medical treatment charge for each visit by a person in custody to an institutional or noninstitutional physician, dentist, or optometrist; except that a medical treatment charge shall not be assessed for any visit required by the county jail during the intake process or an annual physical examination required by the county jail. In no case shall a person's inability to pay be the basis for not providing medical treatment equivalent to the community standard of care. Any medical treatment charge that remains unpaid shall constitute a cost of care that the person shall be ordered to pay pursuant to section 18-1.3-701, C.R.S., and that may be collected by the county pursuant to the provisions of section 16-11101.6, C.R.S. (1.3) A provider of medical care that receives any state money, including but not limited to providers that receive money from the medical assistance program established in articles 4, 5, and 6 of title 25.5, C.R.S., or the Colorado indigent care program established in part 1 of article 3 of title 25.5, C.R.S., shall charge a county for medical care provided to a person in custody in a county jail: (a) At the same rate that the provider is reimbursed for such services by the medical assistance program; or (b) If the provider is not reimbursed by the medical assistance program, at the highest rate that the provider is reimbursed in whole or in part with state moneys in any other program. (1.5) (a) If economical, a county sheriff may transport a person held in custody in a county jail to the Colorado mental health institute at Pueblo for medical treatment. Within the bed and medical capacity of the facility, the Colorado mental health institute at Pueblo shall provide medical care to a person held in custody in a county jail. The county in which the person was held shall be responsible for the payment to the hospital for medical costs incurred by a person in custody, but, if such costs are not repaid to the county by the person in custody, such costs constitute a medical treatment charge that may be collected as provided for in subsection (1) of this section. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1.5), the mental health institute at Pueblo shall charge a county the actual costs of the medical care provided to a person held in custody. The charges shall cover the full direct and indirect costs of the care provided as determined by generally accepted accounting principles. The general assembly shall include within the appropriation for the general medical division of the institute an amount equal to the estimated reimbursements to be received from counties pursuant to this paragraph (b). (2) The provisions of this section shall apply to any person held in custody in a county jail regardless of whether the person is a juvenile, is being held prior to trial, or is in custody for conviction under a state statute or a county or municipal ordinance. (3) When a person is held in custody in a county jail, the person shall be primarily responsible for the payment of the cost of medical care provided to the person for a self-inflicted injury or a condition that was preexisting prior to the person's arrest and shall be charged for the medical care by the provider of care. For purposes of this section, "preexisting condition" means an illness beginning or an injury sustained before a person is in the peaceable custody of the Colorado Revised Statutes 2019 Page 157 of 226 Uncertified Printout county's officers. This subsection (3) shall not apply to care required by the county jail pursuant to subsection (1) of this section, care paid for by other entities pursuant to section 17-26-120 or 17-26-124, care paid for by any other entity, or medical care provided by the Colorado mental health institute at Pueblo. (4) A county may seek payment or reimbursement for any medical treatment costs from a person being held in custody and receiving such services, except as otherwise provided in subsection (1) of this section. Source: L. 97: Entire section added, p. 191, § 1, effective April 1. L. 2002: (1) amended, p. 1507, § 166, effective October 1. L. 2003: Entire section amended, p. 1890, § 1, effective August 6; (1.3) and (1.5) added, p. 1694, § 3, effective August 6. L. 2006: IP(1.3) amended, p. 2005, § 59, effective July 1. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-26-104.7. Prohibition against the use of restraints on pregnant women in custody. (1) The staff of a county jail, in restraining a woman who is committed, detained, or confined to the county jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the county jail have actual knowledge or a reasonable belief that the woman is pregnant. The requirement that staff use the least restrictive restraints necessary to ensure safety shall continue during postpartum recovery and transport to or from the county jail. (2) (a) (I) The county jail staff or medical facility staff shall not use restraints of any kind on the woman during labor and delivery of the child; except that staff may use restraints if: (A) The medical staff determine that restraints are medically necessary for safe childbirth; (B) The county jail staff or medical staff determine that the woman presents an immediate and serious risk of harm to herself, to other patients, or to medical staff; or (C) The sheriff or his or her designee determines that the woman poses a substantial risk of escape that cannot reasonably be reduced by the use of other existing means. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, under no circumstances shall staff use leg shackles or waist restraints on a woman during labor and delivery of the child, postpartum recovery while in a medical facility, or transport to or from a medical facility for childbirth. (b) The county jail or medical facility staff authorizing the use of restraints on a pregnant woman 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 sheriff 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 woman 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. (3) Upon return to a county jail after childbirth, the woman shall be entitled to have a member of the county jail's or county's medical staff present during any strip search. Colorado Revised Statutes 2019 Page 158 of 226 Uncertified Printout (4) When a woman's pregnancy is determined, the staff of a county jail shall inform a pregnant woman committed, detained, or confined in a county jail in writing in a language and in a manner understandable to the woman of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search. (5) Each sheriff shall ensure that staff of the county jail receive adequate training concerning the provisions of this section. Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1464, § 2, effective January 1, 2011. 17-26-105. Separation of prisoners. Persons committed on criminal process and detained for trial and persons committed for contempt or upon civil process shall be kept in rooms separate and distinct from those in which prisoners convicted and under sentence are confined. This section shall not apply to any county whose jail does not have sufficient room for such separate confinement. Source: L. 77: Entire title R&RE, p. 936, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-105 as it existed prior to 1977. 17-26-106. Male and female prisoners. Male and female prisoners, except husband and wife, shall not be put or kept in the same room. Source: L. 77: Entire title R&RE, p. 936, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-106 as it existed prior to 1977. 17-26-107. Prisoners to work - work outside of jail - expenses. (1) When any ablebodied prisoner is confined in the county jail of any county or city and county, having been convicted of a misdemeanor or of the violation of a municipal ordinance and being confined in punishment therefor, the sheriff of such county or the person having the duties of a sheriff of such city and county shall compel such prisoner to work eight hours of every working day. The provisions of this section shall not apply to any case where there are fewer than three prisoners so confined in said jail at any one time or to any prisoner physically unable to work. In counties and city and counties, it shall be discretionary with the sheriff or person having the duties of a sheriff to employ prisoners on the road serving sentences of sixty or fewer days. It is the duty of the sheriff of such county or the sheriff or person having the duties of a sheriff of such city and county, when no other work is available, to compel the prisoners to work upon the public roads, highways, or streets of such county or city and county. Employment as a jail trusty shall be sufficient to meet the requirements of this section. (2) The county commissioners of the county or the governing body of the city and county, when informed by the sheriff or person having the duties of a sheriff that there are prisoners confined in the jail who may be put to work upon the roads, highways, or streets, if there is such work upon the roads, highways, or streets, shall provide for the payment of additional expenses of guarding such prisoners while performing such work. Such prisoners shall Colorado Revised Statutes 2019 Page 159 of 226 Uncertified Printout not be used for the purpose of building any bridge or structure of like character that requires the employment of skilled labor. (3) (Deleted by amendment, L. 2000, p. 1120, § 1, effective August 2, 2000.) (4) Except as described by the terms of a judgment, any person sentenced to and confined in the county jail shall perform labors under such rules and regulations as may be prescribed by the county commissioners or sheriff of the county in which the jail is situated. (5) Upon the written request of a majority of the board of county commissioners of any county, the sheriff shall detail such inmates in the county jail as in his or her judgment seems proper, not exceeding the number specified in the written request, to work upon such public roads and highways of the county or streets and alleys of any municipality within the county as are designated in the written request of the county commissioners. The county shall furnish all tools and materials necessary in the performance of the work. No such work shall be done within the limits of a municipality without the consent of the proper authorities thereof, but when such work is done within the limits of a municipality within such county, the municipality where the work is done shall pay all additional expenses of guarding the inmates while they perform the work and shall furnish all tools and necessary materials used in the work. Source: L. 77: Entire title R&RE, p. 936, § 10, effective August 1. L. 2000: Entire section amended, p. 1120, § 1, effective August 2. L. 2017: (4) and (5) added, (HB 17-1015), ch. 71, p. 223, § 2, effective August 9. Editor's note: This section is similar to former § 27-26-107 as it existed prior to 1977. 17-26-108. County to support spouse - when. When any able-bodied person is confined in the county jail, having been convicted of the nonsupport of his or her spouse or minor children, the county shall pay toward the support of such spouse or minor children not less than fifty cents nor more than one dollar per day for each day such person so works if such spouse or minor children would otherwise be a public charge. Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 79: Entire section amended, p. 1636, § 29, effective July 19. Editor's note: This section is similar to former § 27-26-108 as it existed prior to 1977. Cross references: For commitment of husband for nonsupport, see § 14-6-101. 17-26-109. Deductions of time - record keeping - forfeitures - definition. (1) Every person who is sentenced to and imprisoned in any county jail of this state or sentenced to pay a fine and costs or either or all thereof and who performs faithfully the duties assigned to him or her during his or her imprisonment therein earns deductions from the time of his or her sentence as follows: (a) An inmate receives a one-day deduction for each fifteen days on his or her sentence; (b) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a ten-day deduction for each thirty days on his or her sentence if he or she: Colorado Revised Statutes 2019 Page 160 of 226 Uncertified Printout (I) Successfully completes a designated program or educational activity within the jail; or (II) Demonstrates outstanding progress in any designated program or educational activity within the jail; (c) In addition to the deduction described in subsection (1)(a) of this section, an inmate may receive a thirteen-day deduction for each thirty days on his or her sentence if the inmate: (I) Is designated by the county sheriff as a trusty prisoner; (II) Is engaged in work within or outside the walls of the jail; (III) Performs his or her work in a creditable manner; (IV) Conducts himself or herself in accordance with the rules of the jail; and (V) Is approved by the sheriff to receive a deduction pursuant to this subsection (1)(c); (d) An inmate may receive a deduction of up to thirteen days for each thirty days on his or her sentence if the inmate: (I) Is sentenced to the county jail as a direct sentence or as a condition of probation; and (II) Is permitted to participate in work, educational programming outside the jail, medical release, home detention, or day reporting programs pursuant to section 18-1.3-106 (1); (e) Notwithstanding any other provision of this section, an inmate may not receive a deduction of more than fifteen days in any thirty-day period, regardless of how many programs the inmate participates in, whether the inmate is designated a trusty prisoner or is sentenced as described in subsection (1)(d) of this section; (f) (I) In addition to the deductions described in subsections (1)(a), (1)(b), (1)(c), and (1)(d) of this section, an inmate may receive a three-day maximum deduction when the inmate takes an unusual or extraordinary action, as determined by the county sheriff. This deduction may be granted on an incident-by-incident basis and is not subject to the deduction cap described in subsection (1)(e) of this section. (II) If a county sheriff awards a deduction pursuant to this subsection (1)(f), he or she shall notify the chief judge of the judicial district of such fact not later than three business days after the deduction is awarded. In providing such notice, the sheriff shall indicate how many days were deducted and the nature of the unusual or extraordinary action taken by the inmate. (2) Each county sheriff shall develop and implement a program and schedule for administering reductions of inmates' sentences in his or her county jail, as described in this section and in accordance with the expectations and standards of the community in which he or she serves. Each county jail shall keep a record of each inmate's deductions of time and changes in deductions of time as a result of policy violations by the inmate. (3) (a) If an inmate is found to have committed a willful violation of any of the rules or regulations of the jail, he or she may forfeit some or all of the deductions from his or her sentence that he or she received up to the time of the violation, as determined by the sheriff of the county in which the jail is situated. (b) If an inmate escapes or attempts to escape from a jail or an alternative sentence program, he or she forfeits all deductions from his or her sentence that he or she received up to the time of the escape or attempted escape. (4) An inmate who is sentenced to any alternative sentence pursuant to section 18-1.3106 arising out of a sentence pursuant to section 42-4-1307 (5)(a)(I), (5)(b), or (6)(a)(I) may receive a sentence deduction pursuant to this section only after serving any mandatory period of time pursuant to those sections. Colorado Revised Statutes 2019 Page 161 of 226 Uncertified Printout (5) As used in this section, "day" means a twenty-four-hour calendar day. Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2009: Entire section amended, (HB 09-1263), ch. 105, p. 382, § 1, effective August 5. L. 2017: Entire section amended, (HB 17-1015), ch. 71, p. 221, § 1, effective August 9. Editor's note: This section is similar to former § 27-26-109 as it existed prior to 1977. Cross references: For credit for presentence confinement, see § 18-1.3-405. 17-26-110. Forfeiture of good time. (Repealed) Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2017: Entire section repealed, (HB 17-1015), ch. 71, p. 224, § 3, effective August 9. Editor's note: This section was similar to former § 27-26-110 as it existed prior to 1977. 17-26-110.5. Restriction of privileges because of lawsuit filed without justification. (Repealed) Source: L. 95: Entire section added, p. 301, § 2, effective July 1. L. 2017: Entire section repealed, (HB 17-1015), ch. 71, p. 224, § 4, effective August 9. 17-26-111. Separate sentences continuous. For the purpose of section 17-26-109, when any such persons confined in the county jail are sentenced under several convictions, with separate sentences, they shall be construed as one continuous sentence. Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2017: Entire section amended, (HB 17-1015), ch. 71, p. 224, § 5, effective August 9. Editor's note: This section is similar to former § 27-26-111 as it existed prior to 1977. 17-26-112. Sheriff to keep record. (Repealed) Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2017: Entire section repealed, (HB 17-1015), ch. 71, p. 224, § 6, effective August 9. Editor's note: This section was similar to former § 27-26-112 as it existed prior to 1977. 17-26-113. Prisoners to work. (Repealed) Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2017: Entire section repealed, (HB 17-1015), ch. 71, p. 225, § 7, effective August 9. Editor's note: This section was similar to former § 27-26-113 as it existed prior to 1977. Colorado Revised Statutes 2019 Page 162 of 226 Uncertified Printout 17-26-114. Work on highways - expenses. (Repealed) Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2017: Entire section repealed, (HB 17-1015), ch. 71, p. 225, § 8, effective August 9. Editor's note: This section was similar to former § 27-26-114 as it existed prior to 1977. 17-26-115. Trusty prisoners - good time. (Repealed) Source: L. 77: Entire title R&RE, p. 937, § 10, effective August 1. L. 2009: Entire section amended, (HB 09-1263), ch. 105, p. 383, § 2, effective August 5. L. 2017: Entire section repealed, (HB 17-1015), ch. 71, p. 225, § 9, effective August 9. Editor's note: This section was similar to former § 27-26-115 as it existed prior to 1977. 17-26-116. Commitment - copy to sheriff - return endorsed. When a prisoner is committed to any jail by virtue of any process which the sheriff is required to return to the court from which it issued, it is the duty of the court, clerk, or officer issuing such process to issue the same in duplicate, and the sheriff shall keep one copy of the same, together with a copy of his return thereto, endorsed thereon, which duplicate copy of such process retained by the sheriff shall be sufficient prima facie authority to retain such prisoner in custody. Source: L. 77: Entire title R&RE, p. 938, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-116 as it existed prior to 1977. 17-26-117. Commitment box - successor. All instruments of every kind, or attested copies thereof duly certified, by which any person is committed to or liberated from the county jail shall be regularly endorsed and filed and kept in a suitable box in the jail by the sheriff, or by his deputy acting as jailer, and such box, together with its contents, shall be delivered to his successor in office. Source: L. 77: Entire title R&RE, p. 938, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-117 as it existed prior to 1977. 17-26-118. Criminal justice data collection - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Average daily population" means the number of confined inmates each day for a year, divided by the number of days in the year. (b) "Case disposition" means the final judgment, adjudication, adjudication withheld, dismissal, or nolle prosequi of a case. (c) "Confined inmate" means an inmate under the supervision of a jail facility, including an inmate who is in transit to or from a facility, appearing in or in transit to or from court, held for other jurisdictions, in a hospital or other medical institution for treatment but would Colorado Revised Statutes 2019 Page 163 of 226 Uncertified Printout otherwise be housed in the jail facility, in a work release program but returns to jail at night, or in a community-based program but returns to jail at night. "Confined inmate" does not include a person who is absent without leave, has escaped, is on long-term transfer to other jurisdictions, or is in a community-based program but does not return to jail at night. (d) "Hold" means a mechanism preventing a confined inmate's release from custody on bail, including a hold on behalf of another criminal justice agency, a parole hold, and a probation hold. (e) "Homeless" means an individual who lacks a fixed, regular, and adequate nighttime residence. An individual is considered homeless if the individual's primary address is recorded as: (I) Transient; (II) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or (III) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting. (f) "Jail facility" means any building, structure, enclosure, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confined, that is operated by a county or city and county. (g) "Jail management system" means a software program utilized by a jail facility to store jail data and to track inmate information and status beginning at booking and until release. (h) "Length of stay" means the number of consecutive days that a confined inmate spends in jail, from the date of booking to the date of release, counting any part of one calendar day, including days during which the inmate spends part of the day outside of the jail, as one day. (i) "Municipal offense" means a violation of, or conduct defined as unlawful by, any municipal code or ordinance. (j) "Operational capacity" means the number of inmates who can be accommodated in a jail facility based on the number of permanent beds that the facility is designed to hold and the facility's staff, existing programs, and services. (k) "Sentenced inmate" means an inmate who is confined and actively serving a sentence requiring a term of imprisonment. An inmate is considered sentenced even if the inmate is unsentenced in a separate case, and even if the inmate has a hold. (l) "Snapshot" means a data set from a jail facility that represents the required data points as of the reporting date. (m) "Unsentenced inmate" means an inmate who is confined and awaiting case disposition. An inmate is not considered unsentenced if the inmate is actively serving a sentence requiring a term of imprisonment in a separate case. (2) The keeper of each jail facility shall keep and maintain a daily record of all data specified in subsection (3) of this section. The information contained in the record must be available to the public at all reasonable hours. (3) The keeper of each jail facility shall keep and maintain a daily record of the following data: Colorado Revised Statutes 2019 Page 164 of 226 Uncertified Printout (a) For each confined inmate, the date of entrance; name; date of birth; race; ethnicity; gender; any criminal charges against the inmate, organized by code section, and the jurisdiction charging each offense; term of sentence, if sentenced; bond amount, if bond has been set; and release date; (b) The operational capacity of the jail facility; (c) The name of the jail management system used by the facility; (d) The number of confined inmates in the jail facility; (e) Counting each confined inmate only once, the following information concerning confined inmates: (I) The number of sentenced inmates; (II) The number of unsentenced inmates with a hold; and (III) The number of unsentenced inmates without a hold; (f) Counting each unsentenced inmate without a hold only once, the following information concerning unsentenced inmates: (I) The number whose most serious charged offense is a felony; and (II) The number whose most serious charged offense is a misdemeanor; (g) The number of confined inmates held solely for a municipal offense; (h) The number of confined inmates held in administrative segregation or other custody level in which the inmate is allowed outside of his or her cell for two or fewer hours per day; (i) The number of confined inmates awaiting a competency evaluation, as defined in section 16-8.5-101 (1); a competency hearing, as defined in section 16-8.5-101 (3); or a restoration hearing, as defined in section 16-8.5-101 (13); (j) The average daily population of the jail facility; (k) The average length of stay for each of the following: (I) Confined inmates who were released within the prior twelve months whose most serious offense is a felony; and (II) Confined inmates who were released within the prior twelve months whose most serious offense is a misdemeanor; (l) The number of confined inmates identified as homeless; (m) The number of deaths of confined inmates; and (n) The number of bookings into the jail facility. (4) (a) On or before January 17, 2020, and on or before the third Friday of each January, April, July, and October thereafter, each jail facility shall submit a quarterly report of the data collected pursuant to subsection (3) of this section as of the first day of the month in which the report is submitted to the division of criminal justice within the department of public safety via an electronic survey designed by the division for that purpose. Each quarterly report must include: (I) A snapshot of the data required by subsections (3)(b) and (3)(c) of this section; (II) A snapshot of the data required by subsections (3)(d) to (3)(l) of this section organized by race, ethnicity, and gender; (III) Data concerning the number of deaths of confined inmates, collected pursuant to subsection (3)(m) of this section, as the total of all deaths of confined inmates that occurred since the previous reporting date; and Colorado Revised Statutes 2019 Page 165 of 226 Uncertified Printout (IV) Data concerning the number of bookings into the jail facility, collected pursuant to subsection (3)(n) of this section, as the total of all bookings into the jail facility that occurred since the previous reporting date. (b) If a jail facility is unable to provide any of the data that it is required to report pursuant to this subsection (4), the jail facility shall include in its report an explanation of all good faith efforts to collect and submit the data not included in the report. (c) If a jail facility fails to submit a quarterly report pursuant to this subsection (4) within thirty days after a reporting date, the jail facility is considered noncompliant for the quarterly reporting period. The executive director of the department of public safety shall send notice of the failure to the noncompliant jail facility. (d) This subsection (4) is repealed, effective January 31, 2023. Source: L. 77: Entire title R&RE, p. 938, § 10, effective August 1. L. 2019: Entire section R&RE, (HB 19-1297), ch. 394, p. 3505, § 1, effective August 2. Editor's note: This section is similar to former § 27-26-118 as it existed prior to 1977. 17-26-118.5. Prevention of erroneous payments to prisoners - identifying information reporting system. (1) In order to eliminate erroneous payments of benefits to persons confined in local jails in the state, county sheriffs, the state department of human services, county departments of human or social services, and the department of labor and employment shall cooperatively develop a system for reporting identifying information about persons confined in local jails for a period exceeding thirty days to state and county agencies responsible for the administration of workers' compensation and public assistance benefits. Such a system must be implemented on or before July 1, 2000, within existing appropriations. (2) On and after the implementation date of the information reporting system developed pursuant to subsection (1) of this section, but in any event no later than July 1, 2000, each sheriff in the state shall periodically transmit identifying information about each person confined for a period exceeding thirty days in any local jail within the sheriff's jurisdiction to the state department of human services, county departments of human or social services, and the department of labor and employment. Source: L. 99: Entire section added, p. 552, § 1, effective August 4. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 405, § 23, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 17-26-119. Jail in another county - costs. When there is no sufficient jail in any county wherein any criminal offense has been committed, any county or district judge, upon application of the sheriff, may order any person charged with any criminal offense and ordered to be committed to jail to be sent to the jail of the county nearest having a sufficient jail. The sheriff of such nearest county, on exhibit of the order of such judge, shall receive and keep in safe custody in the jail of his county the person ordered to be so committed. Such sheriff, upon the order of the district court thereof, shall redeliver such person when demanded, and all the expenses of Colorado Revised Statutes 2019 Page 166 of 226 Uncertified Printout keeping such person shall be paid by the county from which such person was sent. The board of county commissioners of the county from which any prisoner is sent, at the next regular meeting after receiving the bill for the expenses of such maintenance, safekeeping, and custody, shall audit and allow the claim and pay the same to the treasurer of the county in which such jail is situated for the use of such county. Source: L. 77: Entire title R&RE, p. 938, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-119 as it existed prior to 1977. 17-26-120. Keeping of fugitives - charges. Any county jail may be used for the detention and safekeeping of any fugitive from justice from another state or territory, and in this case the county shall be entitled to compensation at the rate prescribed by the board of county commissioners. The rate so charged for the maintenance and safekeeping of such fugitive in custody shall be subject to the approval of the district judge, to be paid by the officer demanding the custody of such fugitive to the sheriff of the county and by him paid over to the treasurer of the county for the use of the county. Source: L. 77: Entire title R&RE, p. 938, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-120 as it existed prior to 1977. Cross references: For the authority of a person executing a governor's warrant to confine a prisoner in a county jail, see § 16-19-113. 17-26-121. Juveniles - confinement - when. No jail shall receive a juvenile prisoner for confinement unless the juvenile has been charged by the direct filing of an information in the district court or by indictment pursuant to section 19-2-517, C.R.S., or the juvenile has been ordered by the court to be held for criminal proceedings pursuant to section 19-2-518 (1), C.R.S. Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. L. 81: Entire section amended, p. 1042, § 3, effective July 1. L. 87: Entire section amended, p. 816, § 19, effective October 1. L. 90: Entire section amended, p. 1017, § 2, effective April 20. L. 96: Entire section amended, p. 1690, § 21, effective January 1, 1997. Editor's note: This section is similar to former § 27-26-121 as it existed prior to 1977. 17-26-122. Guards - compensation. When the safekeeping and detention of persons lawfully committed to any jail in this state, in the opinion of the board of county commissioners, requires the employment of one or more guards, the board of county commissioners of the county where such jail is situated shall authorize the sheriff of such county to employ such guards at the expense of the county, at such reasonable compensation as the board shall allow, which guards shall be under the command of the keeper of the jail. Such guards shall be discharged from service when in the judgment of the board of county commissioners their services are not required. Colorado Revised Statutes 2019 Page 167 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-122 as it existed prior to 1977. 17-26-123. Federal prisoners - expense. It is the duty of the keeper of each county jail to receive into the jail every person duly committed thereto for any offense against the United States, by any court or officer of the United States, and to confine every such person in the jail until he is duly discharged, the United States paying all the expenses of the confinement, safekeeping, and custody of such person, including the keeper's fees, at the rate established by the board of county commissioners of the county where such jail is situated. Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-123 as it existed prior to 1977. 17-26-124. Charges for foreign prisoners. It is the duty of the board of county commissioners of each county having a jail in this state to establish a rate of charges to be paid for the confinement, safekeeping, and maintenance of prisoners sent from other counties in this state, fugitives from justice, and persons committed by authority of the United States, which rate of charges may be altered, changed, or modified by the board of county commissioners of such county when in their judgment it seems best to do so. The rate so charged shall be subject to the approval of the district court of such county. Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-124 as it existed prior to 1977. 17-26-125. Account of moneys - report. It is the duty of the keeper of every jail within this state to keep an accurate account of all moneys received by him on account of the confinement, safekeeping, and maintenance of persons committed from other counties, fugitives from justice, and prisoners committed to the jail by authority of the United States, to report the same monthly to the board of county commissioners of the county wherein such jail is situated, and to pay over to the treasurer of such county monthly all such moneys for the use of such county. Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. Editor's note: This section is similar to former § 27-26-125 as it existed prior to 1977. 17-26-126. Commissioners to examine jail. It is the duty of the board of county commissioners, as often as they deem necessary, but at least once annually, to make personal examination of the jail of its county, its sufficiency, and the management thereof and to correct all irregularities and improprieties therein found. Colorado Revised Statutes 2019 Page 168 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. L. 2008: Entire section amended, p. 926, § 1, effective August 5. Editor's note: This section is similar to former § 27-26-126 as it existed prior to 1977. Cross references: For governmental immunity provisions relating to jails and the conditions thereof, see § 24-10-106 (1)(b). 17-26-127. Escape - duty of sheriff - expenses. In case of escape of any person lawfully committed to any jail of any county in this state, it is the duty of the sheriff of the county where such jail is situated to pursue and recapture such escaped person at the expense of the office of such sheriff. In case of any escape without any fault or negligence on the part of the keeper of the jail or the guards under such keeper's command, the board of county commissioners of the county where such jail is situated may audit and allow to the office of the sheriff the necessary expenses incurred in such recapture. Source: L. 77: Entire title R&RE, p. 939, § 10, effective August 1. L. 92: Entire section amended, p. 401, § 10, effective June 3. Editor's note: This section is similar to former § 27-26-127 as it existed prior to 1977. 17-26-128. Employment of county prisoners. (Repealed) Source: L. 77: Entire title R&RE, p. 940, § 10, effective August 1. L. 84: (1.3) added, p. 498, § 3, effective April 5. L. 87: (1)(d), (1)(e), (4), and (6) amended and (1)(f), (1.1), (5)(b.3), and (11) added, pp. 666, 667, §§ 1-3, effective May 16. L. 88: (1.1) R&RE, p. 709, § 6, effective July 1. L. 93: (1)(e), (1)(f), and (1.1) amended and (1)(g) and (12) added, pp. 69, 70, §§ 1, 2, effective July 1. L. 94: (11) amended, p. 2041, § 22, effective July 1; (12) amended, p. 1050, § 6, effective July 1. L. 96: (1) and (2) amended, p. 121, § 1, effective July 1. L. 2000: (5) amended, p. 1048, § 11, effective September 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1. Editor's note: (1) This section was similar to former § 27-26-128 as it existed prior to 1977. (2) This section was relocated to § 18-1.3-106 in 2002. Cross references: For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-26-129. Applicability of provisions. The provisions of sections 17-26-107 and 1726-108 shall not be applicable to any prisoner who is employed or detained outside of the jail under the provisions of section 18-1.3-106, C.R.S. Colorado Revised Statutes 2019 Page 169 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 941, § 10, effective August 1. L. 87: Entire section amended, p. 667, § 4, effective May 16. L. 2002: Entire section amended, p. 1507, § 167, effective October 1. Editor's note: This section is similar to former § 27-26-129 as it existed prior to 1977. Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-26-130. Jail - pilot project authorized. (Repealed) Source: L. 86: Entire section added, p. 759, § 1, effective April 24. L. 96: Entire section repealed, p. 556, § 6, effective April 24. 17-26-131. Joint jail commission authorized. (Repealed) Source: L. 86: Entire section added, p. 759, § 1, effective April 24. L. 96: Entire section repealed, p. 557, § 7, effective April 24. 17-26-132. Joint jail commission - powers and duties. (Repealed) Source: L. 86: Entire section added, p. 759, § 1, effective April 24. L. 96: Entire section repealed, p. 557, § 8, effective April 24. 17-26-133. (Repealed) Contract provisions - approval by the division of criminal justice. Source: L. 86: Entire section added, p. 760, § 1, effective April 24. L. 96: Entire section repealed, p. 557, § 9, effective April 24. 17-26-134. Jail inspection. (Repealed) Source: L. 86: Entire section added, p. 761, § 1, effective April 24. L. 96: Entire section repealed, p. 559, § 10, effective April 24. 17-26-135. Project shall comply with provisions pertaining to intergovernmental relationships. (Repealed) Source: L. 86: Entire section added, p. 761, § 1, effective April 24. L. 96: Entire section repealed, p. 559, § 11, effective April 24. 17-26-136. Termination of pilot project. (Repealed) Source: L. 86: Entire section added, p. 761, § 1, effective April 24. L. 96: Entire section repealed, p. 559, § 12, effective April 24. Colorado Revised Statutes 2019 Page 170 of 226 Uncertified Printout 17-26-137. County jail assistance fund - repeal. (Repealed) Source: L. 2008: Entire section added, p. 924, § 3, effective July 1. L. 2017: Entire section amended, (HB 17-1369), ch. 379, p. 1951, § 5, effective June 6. Editor's note: (1) For the amendments in HB 17-1369 in effect from June 6, 2017, to July 1, 2017, see chapter 379, Session Laws of Colorado 2017. (L. 2017, p. 1951.) (2) Subsection (2) provided for the repeal of this section, effective July 1, 2017. (See L. 2017, p. 1951.) Cross references: For the short title ("Bond Surety Protection Act") in HB 17-1369, see section 1 of chapter 379, Session Laws of Colorado 2017. 17-26-138. Benefits assistance - legislative declaration - demonstration grant program - repeal. (Repealed) Source: L. 2008: Entire section added, p. 906, § 1, effective May 20. L. 2009: Entire section repealed, (SB 09-209), ch. 23, p. 109, § 1, effective March 18. 17-26-139. County jail identification processing unit - personnel authority - repeal. (Repealed) Source: L. 2009: Entire section added, (SB 09-006), ch. 403, p. 2219, § 3, effective (see editor's note). Editor's note: The revisor of statutes did not receive the notice specified in § 42-2-311 by June 30, 2012; therefore, this section is repealed as provided in subsection (2) of this section, effective July 1, 2012. (See L. 2009, p. 2219.) PART 2 REIMBURSEMENT OF COST OF CARE BY INMATES TO COUNTIES 17-26-201 to 17-26-208. (Repealed) Source: L. 94: Entire part repealed, p. 1362, § 6, effective July 1. Editor's note: This part 2 was added in 1989. For amendments to this part 2 prior to its repeal in 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 26.5 Multijurisdictional Jails Colorado Revised Statutes 2019 Page 171 of 226 Uncertified Printout 17-26.5-101. Multijurisdictional jails - authorized. The general assembly hereby authorizes any county, city and county, city, or the department of corrections of the state of Colorado to enter into a contract or contracts with each other in accordance with part 2 of article 1 of title 29, C.R.S., to design, locate, construct, and operate a multijurisdictional jail for the incarceration of county, city and county, city, or state prisoners. In the alternative, the described governmental entities may enter into the necessary contracts with a private contractor for the provision and operation of such jail. Source: L. 90: Entire article added, p. 940, § 4, effective July 1. 17-26.5-102. Contracts for multijurisdictional jails - requirements. (1) Any contract or contracts for the creation of a multijurisdictional jail as described in section 17-26.5-101 shall contain the following requirements: (a) An agreement regarding involvement by each of the governmental entities in the predesign planning, design, location, and construction of such a jail facility or involvement in any agreement to obtain a private contractor to provide a jail facility and the operation thereof; (b) An agreement regarding involvement by each of the governmental entities in construction management and oversight for such a jail facility; (c) An agreement regarding involvement by each of the governmental entities in financing the construction of such a jail facility; (d) An agreement regarding involvement by each of the governmental entities in financing and providing for staffing and operation of such jail facility, which may provide for staffing and operation solely by any county, city and county, or city with financial assistance from the state department of corrections or any other governmental entity involved, or staffing and operation through a joint staffing and operation agreement between any county, city and county, or city and the state department of corrections, if the department is involved in the multijurisdictional jail facility; (e) An agreement regarding involvement by each of the governmental entities in financing and providing for programs for such jail facility; (f) An agreement regarding utilization of such jail facility by each of the governmental entities involved in the multijurisdictional jail facility. However, if the state department of corrections is involved in the facility, such agreement shall provide that a proportionate number of beds in the facility, equal to the proportionate percentage of the financing of the construction and operation of the facility which was provided by the state department of corrections bears to the entire cost of the construction and operation of the facility, shall be reserved for utilization by the state department of corrections if such beds are needed by the department. Any such beds so reserved shall be counted by the department as available beds when determining the number of beds available in the state correctional system. Source: L. 90: Entire article added, p. 941, § 4, effective July 1. Programs ARTICLE 27 Colorado Revised Statutes 2019 Page 172 of 226 Uncertified Printout Community Corrections Programs Editor's note: This title was repealed and reenacted in 1977, and this article was subsequently repealed and reenacted in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers prior to 1993 are shown in editor's notes following those sections that were relocated. Cross references: For authority of the department of public safety to expand the use of community correctional facilities and programs, see section 12 of chapter 120, Session Laws of Colorado 1990. Law reviews: For article, "Felony Sentencing in Colorado", see 18 Colo. Law. 1689 (1989). 17-27-101. Legislative declaration. The general assembly hereby declares that it is the purpose of this article to establish and maintain community corrections programs which provide the courts, the department of corrections, and the state board of parole with more flexibility and a broader range of correctional options for offenders under the jurisdiction of such entities. It is the further purpose of this article to increase public safety and promote community-based correctional programming through collaboration between the state of Colorado and local units of government. It is also the purpose of this article to give local units of government the authority to designate the programs, boards, and networks established under this article to address local criminal justice needs with resources other than those appropriated pursuant to this article. Source: L. 93: Entire article R&RE, p. 708, § 1, effective July 1. Editor's note: This section is similar to former § 17-27-101 as it existed prior to 1993. 17-27-101.5. Purposes of community corrections. (1) The purpose of this article 27, with respect to community corrections, is to: (a) Further all purposes of sentencing and improve public safety by reducing the incidence of future crime through design and implementation of research-based policies, practices, programs, and standards; (b) Prepare, select, and assist people who, after serving a statutorily defined period of incarceration, will be transitioned and returned to the community through supported partnerships with local community corrections boards; (c) Set individualized conditions of community corrections supervision and provide services and support to assist people in community corrections in addressing identified risks and needs; and (d) Achieve a successful discharge from community corrections supervision through reduction of risks and needs and satisfactory compliance with conditions of placement. Colorado Revised Statutes 2019 Page 173 of 226 Uncertified Printout Source: L. 2017: Entire section added, (HB 17-1147), ch. 82, p. 255, § 1, effective August 9. 17-27-102. Definitions. As used in this article 27: (1) "Administrative review process" means a sequence of actions that includes written notification to an offender of the decision to reject and terminate program placement, a brief explanation of the reason for the termination, instructions for the offender to request review of the action of the community corrections board or community corrections program, and a method for the community corrections board or community corrections program to informally review the rejection and termination. (2) "Community corrections board" means the governing body of any unit of local government, any combinations of such governing bodies for the purpose of this article, or any separate board created by any governing body or bodies pursuant to this article. (2.5) "Community corrections facility" means a facility used by a community corrections program. (3) "Community corrections program" means a community-based or communityoriented program that provides supervision of offenders pursuant to this article. Such program shall be operated by a unit of local government, the department, or any private individual, partnership, corporation, or association. Such program may provide residential or nonresidential services for offenders, monitoring of the activities of offenders, oversight of victim restitution and community service by offenders, programs and services to aid offenders in obtaining and holding regular employment, programs and services to aid offenders in enrolling in and maintaining academic courses, programs and services to aid offenders in participating in vocational training programs, programs and services to aid offenders in utilizing the resources of the community, meeting the personal and family needs of such offenders, programs and services to aid offenders in obtaining appropriate treatment for such offenders, programs and services to aid offenders in participating in whatever specialized programs exist within the community, day reporting programs, and such other services and programs as may be appropriate to aid in offender rehabilitation and public safety. (3.5) "Community parole officer" means an officer who is an employee of the department and is a peace officer, as described in sections 16-2.5-101 and 16-2.5-136, C.R.S., with the powers and duties described in section 17-27-105.5. (4) "Governing body" means the board or council of elected or appointed officials which is responsible for governing any unit of local government, such as a city council or a board of county commissioners. (5) "Nongovernmental agency" means any private individual, partnership, corporation, or association. (6) "Offender" means any person accused of or convicted of a felony or misdemeanor as defined by the laws of the state of Colorado. (7) "Referring agency" means the agency which maintains legal jurisdiction over any offender referred to or placed in a community corrections program such as the sentencing court, the department of corrections, or the state board of parole. (8) "Unit of local government" means any county, city and county, city, town, or service authority which may be established pursuant to section 17 of article XIV of the state constitution. Colorado Revised Statutes 2019 Page 174 of 226 Uncertified Printout Source: L. 93: Entire article R&RE, p. 708, § 1, effective July 1. L. 96: (3) amended, p. 122, § 2, effective July 1. L. 2000: (3.5) added, p. 228, § 1, effective March 29. L. 2003: (3.5) amended, p. 1625, § 50, effective August 6. L. 2008: (3.5) amended, p. 658, § 10, effective April 25. L. 2013: (3.5) amended, (HB 13-1300), ch. 316, p. 1676, § 38, effective August 7. L. 2017: IP amended and (2.5) added, (HB 17-1330), ch. 374, p. 1937, § 2, effective August 9. Editor's note: This section is similar to former § 17-27-102 as it existed prior to 1993. 17-27-103. Community corrections boards - establishment - duties. (1) A community corrections board may be established by resolution or ordinance of a governing body, or a combination of governing bodies. Any community corrections board which is established may be advisory to the governing body or bodies which created such board or it may be functionally independent from the governing body or bodies. Pursuant to subsection (8) of this section, the governing body or bodies may delegate to the community corrections board the authority which such governing body or bodies have to approve or disapprove the establishment and operation of community corrections programs within the jurisdiction of such governing body or bodies. In addition, the governing body or bodies may delegate such other powers which the governing body or bodies possess to the community corrections board to accomplish the purposes of this article. (2) A community corrections board shall have the authority to enter into contracts with the state of Colorado, receive grants from governmental and private sources, and receive courtauthorized expense reimbursement related to community corrections programs. A community corrections board may designate a community corrections program or programs within the jurisdiction of such board to contract with the state of Colorado to provide services and supervision for offenders. (3) A community corrections board may establish programs to be operated by a unit or units of local government, or an agency of state government, to accomplish the purposes of this article, or such board may contract with other units of local government, other community corrections boards, any agency of state government, or any community corrections program to provide supervision of and services for offenders. (4) A community corrections board may establish and enforce standards for the operation of any community corrections program located within the physical boundaries of the jurisdiction of the governing body or bodies which created such board. The standards established by a community corrections board may exceed, but shall not conflict with, standards established for community corrections programs by the division of criminal justice of the department of public safety pursuant to section 17-27-108. The community corrections board shall, in coordination with state and local agencies, monitor community corrections programs within the jurisdiction of such board and oversee compliance with state and local standards. The community corrections board's oversight of the community corrections programs within the board's jurisdiction shall include the following: (a) Making an assessment of the number of offenders who have escaped from custody as such term is described in section 17-27-106, which assessment shall be based on the reports prepared by the administrators of community corrections programs in accordance with section 17-27-104 (11); Colorado Revised Statutes 2019 Page 175 of 226 Uncertified Printout (b) Determining compliance by community corrections programs with the recommendations made in audit reports prepared by the division of criminal justice in accordance with section 17-27-108. (5) (a) A community corrections board has the authority to accept or reject any offender referred for placement in a community corrections program under the jurisdiction of such board. The community corrections board shall provide, in writing, acceptance criteria and screening procedures to each referring agency. (b) To determine whether to accept or reject any offender, a community corrections board shall develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. (c) If a community corrections board or program denies an offender a community corrections transition placement, the board or program shall submit electronically to the department of corrections the reason for the denial and a suggested timeline for a subsequent referral within the period specified in section 18-1.3-301 (2)(e)(II). The department of corrections shall develop the method by which community corrections boards and programs can submit this information electronically and shall also provide this information to the inmate. (6) A community corrections board may establish conditions or guidelines for the conduct of offenders placed in any community corrections program operated within the physical boundaries of the jurisdiction of the governing body or bodies which created such board. Written copies of such conditions or guidelines shall be made available to offenders placed in community corrections programs under the jurisdiction of the community corrections board. (7) A community corrections board has the authority to reject after acceptance the placement of any offender in a community corrections program within the jurisdiction of such board. If the referring agency does not provide an administrative review process relating to such rejection after acceptance, the community corrections board shall provide an administrative review process for any offender who is rejected after acceptance by such board. The community corrections board shall provide written notification of the rejection after acceptance of any offender to the referring agency and the administrator of the community corrections program in which the offender is placed. (8) A governing body shall approve or disapprove the establishment and operation of all community corrections programs within the jurisdiction of such governing body, but such authority may be delegated to the community corrections board created by such governing body. (9) A community corrections board may serve in a planning and coordinating capacity by advising the governing body which created such board and consulting with officials of state criminal justice agencies to improve local community corrections services. (10) A community corrections board, and each individual member of such board, shall be immune from any civil liability for the performance of the duties of such board or such individual member as specified in this article, if such person was acting in good faith within the scope of such person's respective capacity, makes a reasonable effort to obtain the facts of the matter as to which action was taken, and acts in the reasonable belief that the action taken by such person was warranted by the facts. Source: L. 93: Entire article R&RE, p. 710, § 1, effective July 1. L. 95: (4) amended, p. 80, § 1, effective March 23. L. 2018: (5) amended, (HB 18-1251), ch. 272, p. 1669, § 2, effective August 8. Colorado Revised Statutes 2019 Page 176 of 226 Uncertified Printout 17-27-103.5. Statements relating to a transitional referral to community corrections. (1) Pursuant to the provisions of section 24-4.1-302.5 (1)(j.5), C.R.S., a victim shall have the right to provide a written victim impact statement and a separate oral statement to a community corrections board considering an offender's transitional referral to community corrections. (2) (a) (I) A community corrections board shall allow, within the parameters set by the board, an offender who is under consideration for transitional placement in a community corrections program under the board's jurisdiction to provide a written statement to the community corrections board concerning the offender's transition plan and community support and the appropriateness of placing the offender in a community corrections program. (II) If an offender elects to submit a written statement to a community corrections board pursuant to subparagraph (I) of this paragraph (a), and the offender provides a written statement to the department pursuant to the procedures and time frame established by the department, the department shall include the statement with any referral to a community corrections board considering the offender's transitional referral to a community corrections program. (b) A community corrections board may allow, within the parameters set by the board, an offender to designate a person other than the offender to submit a written statement or give an oral statement on the offender's behalf to a community corrections board considering the offender's transitional referral to a community corrections program. (3) A community corrections board shall develop written policies and procedures consistent with the provisions of this section and section 24-4.1-302.5 (1)(j.5), C.R.S., that are available to the public concerning the parameters for written and oral statements by victims and the permissibility of and the parameters for a written or oral statement by a person designated by an offender. (4) Nothing in this section shall be construed to require the department or a community corrections board to provide transportation or make arrangements for the appearance at a community corrections hearing of an offender or, if permitted by a community corrections board, the person designated by the offender pursuant to paragraph (b) of subsection (2) of this section to give an oral statement or to submit a written statement on the offender's behalf. (5) The department shall not be required to provide notice to any person, other than a registered victim, of a community corrections board hearing relating to the offender. Source: L. 2010: Entire section added, (SB 10-159), ch. 306, p. 1443, § 1, effective August 11. 17-27-104. Community corrections programs operated by units of local government, state agencies, or nongovernmental agencies. (1) Any unit of local government, or any state agency authorized by this article, may establish, maintain, and operate such community corrections programs as such unit or agency deems necessary to serve the needs of such unit of local government or state agency and offenders who are assigned to such programs by the department of corrections, placed in such programs by the state board of parole, or sentenced to such programs by the court. (2) Pursuant to provisions of section 17-27-103, any nongovernmental agency may establish, maintain, and operate a community corrections program under a contract with the state of Colorado, a contract with a unit or units of local government, or a contract with other Colorado Revised Statutes 2019 Page 177 of 226 Uncertified Printout nongovernmental agencies for the purpose of providing services to offenders who are assigned to such programs by the department of corrections, placed in such programs by the state board of parole, or sentenced to such programs by the court. (3) The administrators of any community corrections program established pursuant to this section shall have the authority to accept or reject any offender referred for placement in such program. Screening procedures shall be developed in cooperation with the community corrections board of the jurisdiction in which such community corrections program is located. Acceptance criteria and screening procedures shall be provided in writing by each community corrections program to each referring agency. (4) (a) The administrators of each community corrections program established pursuant to this section shall establish conditions or guidelines for the conduct of offenders accepted and placed in such program. Such conditions or guidelines shall not conflict with any conditions or guidelines established pursuant to section 17-27-103 (6) by the community corrections board of the jurisdiction in which such community corrections program is located. Offenders accepted and placed in any community corrections program shall have access to written copies of such conditions or guidelines for the conduct of offenders upon placement in such program. (b) One such condition shall be that an offender, upon being placed in a community corrections program, shall execute a limited power of attorney to the director, or the director's designee, of the community corrections program with which the offender is being placed. The limited power of attorney shall grant to the director or the director's designee the authority to dispose of moneys the offender has earned since being placed in the program and that have been left in accounts or on deposit with the community corrections program in the event that, after the offender is accepted by the community corrections program, the offender is rejected from such program due to escape. The moneys shall be disposed of for the following purposes and in the following order of priority: (I) Payment of court-ordered restitution to the victim of the crime committed by the offender; (II) Payment for the court-ordered support of the offender's dependents; (III) Payment of fines, offender fees and surcharges, and other court-ordered financial obligations imposed as part of the offender's sentence; and (IV) Any remaining funds shall be paid into the victims and witnesses assistance and law enforcement fund, established pursuant to section 24-4.2-103, C.R.S., in the judicial district in which the community corrections program is located. (c) The director of the community corrections program, or the director's designee, shall maintain records of any disbursements of offenders' funds pursuant to this subsection (4). (d) The limited power of attorney shall be valid until the offender's sentence to community corrections is discharged from community placement by the court. (5) The administrators of each community corrections program established pursuant to this section shall have the authority to reject after acceptance and terminate the placement of any offender who violates conditions or guidelines established pursuant to subsection (4) of this section, or if any conditions of such offender's placement in the program are not satisfied. If the referring agency does not provide an administrative review process, the community corrections program shall provide an administrative review process for any offender who is rejected after acceptance. If the termination of placement of an offender is initiated by the community corrections program, the referring agency shall be notified immediately to arrange a transfer of Colorado Revised Statutes 2019 Page 178 of 226 Uncertified Printout custody for such offender. The community corrections program may be required by the referring agency to maintain temporary custody of the offender whose placement is being terminated for a reasonable period of time pending receipt of appropriate transfer orders from the referring agency unless the provisions of subsection (6) of this section apply. (6) When the administrator of a community corrections program established pursuant to this section, or any other appropriate referring agency, has cause to believe that an offender placed in a community corrections program has violated any rule or condition of such offender's placement in such program, or cannot be safely housed in such program, the administrator or other appropriate authority shall notify the appropriate judicial or executive authority of the facts which are the basis of such administrator's belief. Such administrator may then execute a transfer order to any sheriff, undersheriff, deputy sheriff, police officer, or state patrol officer which authorizes such peace officer to transport the offender to the county jail in the county in which the community corrections program is located and the offender shall be confined in such jail pending a determination by the appropriate judicial or executive authority as to whether the offender should remain in community corrections or be removed therefrom. Such offender shall be confined without bond. (7) The administrator of any community corrections program established pursuant to this section shall notify a referring agency immediately that an offender has been transferred to a county jail pursuant to subsection (6) of this section. Such notification shall contain the name of the offender and identify the rule or condition of placement violated, and describe such violation, or state the reason the offender cannot be safely housed in the community corrections program. (8) Upon placement of an offender in a community corrections program, the administrator of the program shall notify local law enforcement agencies of the identity of each such offender. (9) The administrator of any community corrections program shall document the number of days of residential and nonresidential time completed by each offender sentenced directly to the community corrections program by the court and the time credits granted to such offender pursuant to section 18-1.3-301 (1)(i), C.R.S. If any such offender is rejected after acceptance by the community corrections board or the community corrections program, the program administrator shall provide a written summary of the residential days completed by such offender to the referring agency. If the offender is thereafter committed to the department of corrections, such summary shall be reported to the department of corrections to facilitate the calculation of any time credits pursuant to part 3 or part 4 of article 22.5 of this title. (10) The administrator of any community corrections program shall enforce any order relating to the payment of restitution, court costs, fees, or community service which is ordered by the sentencing court. Such administrator shall establish a payment contract and schedule for each offender placed in the community corrections program. (11) The administrator of each community corrections program shall report to the division of criminal justice and the community corrections board of the jurisdiction in which such program is located on the offenders who have escaped from custody as such term is described in section 17-27-106 (1). The division of criminal justice is authorized to prepare forms for these reports. (12) The administrators of a community corrections program established pursuant to this section may implement a behavioral or mental health disorder screening program to screen the persons accepted and placed in the community corrections program. If the administrators choose Colorado Revised Statutes 2019 Page 179 of 226 Uncertified Printout to implement a behavioral or mental health disorder screening program, the administrators shall use the standardized screening instrument developed pursuant to section 16-11.9-102 and conduct the screening in accordance with procedures established pursuant to said section. Source: L. 93: Entire article R&RE, p. 711, § 1, effective July 1. L. 94: (9) amended, p. 929, § 2, effective April 28. L. 95: (11) added, p. 81, § 2, effective March 23. L. 96: (4) amended, p. 132, § 1, effective July 1. L. 2002: (12) added, p. 574, § 2, effective May 24; (9) amended, p. 1508, § 168, effective October 1. L. 2011: (9) amended, (SB 11-254), ch. 274, p. 1237, § 2, effective June 2. L. 2017: (12) amended, (SB 17-242), ch. 263, p. 1303, § 133, effective May 25. Editor's note: This section is similar to former §§ 17-27-103 and 17-27-104 as they existed prior to 1993. Cross references: For the legislative declaration contained in the 2002 act amending subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-27-105. (Repealed) Authority to place offenders in community corrections programs. Source: L. 93: Entire article R&RE, p. 713, § 1, effective July 1. L. 94: (1)(i) amended, p. 927, § 1, effective April 28; (3)(a) amended, p. 2595, § 2, effective June 3. L. 95: (2)(b) amended, p. 1276, § 13, effective June 5. L. 96: (1)(a) amended, p. 1690, § 22, effective January 1, 1997. L. 97: (2)(b) amended, p. 30, § 8, effective March 20. L. 98: (2)(b) amended, p. 318, § 2, effective July 1. L. 99: (1)(j) amended and (1)(k) added, p. 660, § 1, effective July 1. L. 2000: (3)(b) repealed, p. 230, § 3, effective March 29. L. 2001: (1)(k)(II) repealed, p. 527, § 1, effective May 22. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1. Editor's note: This section was relocated to § 18-1.3-301 in 2002. Cross references: For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27-105.5. Community parole officers - duties - arrest powers - definitions. (1) For purposes of this section: (a) "Director" means the director of the department's community corrections program whose powers and duties include those of a community parole officer. (b) "Offender" means an inmate assigned to residential and nonresidential community corrections programs as those programs are set forth in articles 27, 27.5, and 27.7 of this title and an offender who is in phase III of the youthful offender system as set forth in section 18-1.3-407, C.R.S. (2) The executive director of the department of corrections shall designate staff of the department to maintain jurisdiction over all offenders placed in any community corrections Colorado Revised Statutes 2019 Page 180 of 226 Uncertified Printout program by order of the executive director or as a condition of parole. Such staff may include community parole officers and the director. (3) Community parole officers are authorized to: (a) Supervise and habilitate offenders; (b) Investigate, detect, and prevent crime involving offenders; (c) Issue warrants for the arrest of offenders; (d) Arrest offenders; (e) Process reports or other official documents regarding offenders; (f) Coordinate with community corrections boards and community corrections programs; (g) Review offender supervision and treatment; (h) Authorize offender transfers between residential and nonresidential phases of placement; and (i) Carry out such other duties as the executive director directs. (4) The director of community corrections or any community parole officer may arrest any offender when any offense under the laws of this state has been or is being committed by the offender in the presence of the director or the community parole officer, the director or the community parole officer has a warrant commanding that such offender be arrested, or the director or the community parole officer has probable cause to believe: (a) That a warrant for the offender's arrest has been issued in this state or another state for any criminal offense or for a violation of the department's administrative code of penal discipline, a supervision order, or other administrative order; (b) That a crime has been committed and that the offender has committed such crime; (c) That the offender has violated a condition of the administrative code of penal discipline; (d) That the offender is leaving or is about to leave the state; (e) That the offender will fail or refuse to appear at a hearing to answer charges for a violation of the department's code of penal discipline; or (f) That the arrest of the offender is necessary to prevent physical harm to the offender or another person or to prevent the commission of a crime. (5) If a community parole officer makes an arrest of an offender with or without a warrant, or the offender is otherwise arrested, the offender shall be held in a county jail or program pending action by the community parole officer or the director of the community corrections program. (6) A community parole officer shall seek out and arrest any fugitive from a correctional facility when called upon and assist other agencies in the apprehension of fugitives from jurisdictions throughout the state. (7) Notwithstanding any other provision of this section, each community parole officer, or the director acting as a community parole officer, shall notify the local law enforcement agency when the community parole officer is operating or intends to operate anywhere within the local law enforcement agency's jurisdiction and shall cooperate with such agency during the conduct of the investigation. (8) Notwithstanding any other provision of this title, if a community parole officer has probable cause to believe that a parolee who is under the supervision of the community parole officer has removed or tampered with an electronic monitoring device that the parolee is required to wear as a condition of his or her parole, the parole officer shall either: Colorado Revised Statutes 2019 Page 181 of 226 Uncertified Printout (a) Immediately make a warrantless arrest of the parolee; except that, before making such an arrest, the community parole officer shall first determine that the notification of removal or tampering was not merely the result of an equipment malfunction. (b) Not later than twelve hours after acquiring such probable cause, notify a law enforcement agency with jurisdiction over the parolee's last-known address that the parolee is subject to an immediate warrantless arrest. Source: L. 2000: Entire section added, p. 228, § 2, effective March 29. L. 2002: (1)(a) amended, p. 1508, § 169, effective October 1. L. 2013: (1)(a), (2), IP(3), IP(4), (5), (6), and (7) amended, (HB 13-1300), ch. 316, p. 1676, § 39, effective August 7. L. 2014: (8) added, (HB 141044), ch. 199, p. 728, § 4, effective May 15. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27-105.7. Offenders held in community corrections programs - medical benefits application assistance - county of residence - repeal. (Repealed) Source: L. 2002: Entire section added, p. 807, § 2, effective July 1. L. 2003: (1)(a) and (4)(c) amended, p. 416, § 5, effective March 5. L. 2005: (1)(a) and (4)(c) amended, p. 4, § 8, effective January 1. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2005. (See L. 2002, p. 807.) 17-27-106. Escape from custody from a community corrections program. (1) (a) If an offender fails to remain within the extended limits of such offender's confinement or placement or fails to return within the time prescribed to any community corrections program to which such offender was assigned or transferred or if any offender who participates in a program established under the provisions of this article leaves such offender's place of employment or, having been ordered by the executive director of the department of corrections or the chief probation officer of the judicial district to return to the community corrections program, neglects or fails to do so, such offender shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S., and all reductions in sentence authorized by part 2 of article 22.5 of this title shall be forfeited. (b) (I) In addition to the forfeiture of all reductions in sentence authorized by part 2 of article 22.5 of this title, any person convicted of escape from custody from a community correction program in violation of paragraph (a) of this subsection (1) shall also forfeit all reductions in sentence authorized by section 18-1.3-301 (1)(i), C.R.S. (II) Repealed. (2) The division of criminal justice is hereby authorized to provide notice to appropriate law enforcement agencies and the sentencing court, if applicable, that there is probable cause to believe that an offender has escaped from custody. Colorado Revised Statutes 2019 Page 182 of 226 Uncertified Printout Source: L. 93: Entire article R&RE, p. 716, § 1, effective July 1. L. 95: Entire section amended, p. 81, § 3, effective March 23. L. 99: (1) amended, p. 661, § 2, effective July 1. L. 2001: (1)(b)(II) repealed, p. 527, § 2, effective May 22. L. 2002: (1)(b)(I) amended, p. 1508, § 170, effective October 1. Editor's note: This section is similar to former § 17-27-108 as it existed prior to 1993. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(b)(I), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27-107. Administrative procedure act not to apply. The provisions of this article shall not be subject to the "State Administrative Procedure Act", article 4 of title 24, C.R.S. Source: L. 93: Entire article R&RE, p. 717, § 1, effective July 1. Editor's note: This section is similar to former § 17-27-112 as it existed in 1993. 17-27-108. Division of criminal justice of the department of public safety - duties community corrections contracts. (1) The division of criminal justice of the department of public safety is authorized to administer and execute all contracts with units of local government, community corrections boards, or nongovernmental agencies for the provision of community corrections programs and services. (2) (a) The division of criminal justice is authorized to establish standards for community corrections programs operated by units of local government or nongovernmental agencies. Such standards shall prescribe minimum levels of offender supervision and services, health and safety conditions of facilities, and other measures to ensure quality services. The standards shall be promulgated or revised after consultation with representatives of referring agencies, community corrections boards, and administrators of community corrections programs. (b) (I) The division of criminal justice shall audit community corrections programs to determine levels of compliance with standards promulgated pursuant to paragraph (a) of this subsection (2). Such audits shall include an evaluation of compliance with the reporting requirements pursuant to section 17-27-104 (11). (II) (A) Before July 1, 2003, such audits shall occur at least once in each three-year period, unless waived by the executive director of the department of public safety. (B) On and after July 1, 2003, the division of criminal justice shall implement a schedule for auditing community corrections programs that is based on risk factors such that community corrections programs with low risk factors shall be audited less frequently than community corrections programs with higher risk factors. In no event shall such audits occur less frequently than at least once in each five-year period. Prior to July 1, 2003, the division of criminal justice shall create classifications of community corrections programs that are based on risk factors as those factors are established by standards of the division of criminal justice. (III) Written reports of such audits shall be provided to the administrator of the program which is audited, the local community corrections board, and referring agencies. Such written reports shall include findings of noncompliance with contractual obligations, including the standards promulgated pursuant to paragraph (a) of this subsection (2), and shall identify those Colorado Revised Statutes 2019 Page 183 of 226 Uncertified Printout material findings that, if not corrected within a reasonable time, will result in a recommendation to terminate the contract to operate the program. As used in this subparagraph (III), "material findings" includes those findings related to: (A) Public safety, including but not limited to offender monitoring and rehabilitation; (B) Health and life safety pertaining to but not limited to staff and offenders; (C) Efficiency and effectiveness of programs' internal control systems; (D) Statutory compliance; and (E) Fiduciary duties and responsibilities. (3) The division of criminal justice shall allocate appropriations for community corrections to local community corrections boards and community corrections programs in a manner which considers the distribution of offender populations and supports program availability proportionate to such distribution and projected need. (4) Prior to April 1, 2003, and on and after July 1, 2006, the division of criminal justice may authorize up to five percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. On and after April 1, 2003, through June 30, 2006, the division of criminal justice may authorize up to four percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. Such moneys for administrative costs may be applied to support functions authorized in section 17-27-103, to supplement administrative expenses of community corrections programs which have contracted with or are under the jurisdiction of a unit of local government, or to support other direct or indirect costs of involvement in community corrections. (5) The division of criminal justice is authorized to transfer up to ten percent of annual appropriations among or between line items for community corrections program services. Advance notice of such transfers shall be provided to the general assembly, the governor, the executive director of the department of corrections, and the chief justice of the supreme court. (6) The division of criminal justice shall provide technical assistance to community corrections boards, community corrections programs, and referring agencies. (7) (a) Notwithstanding any law to the contrary, for the fiscal year commencing July 1, 2016, and for each fiscal year thereafter, any money appropriated from the general fund to the division of criminal justice for the purposes of this article 27 that is unexpended or unencumbered as of the close of that fiscal year shall not revert to the general fund, and the state treasurer and the controller shall transfer such money to the housing assistance for persons transitioning from the criminal or juvenile justice system cash fund created pursuant to section 24-32-721 (4)(d). (b) Repealed. Source: L. 93: Entire article R&RE, p. 717, § 1, effective July 1. L. 95: (2) amended, p. 81, § 4, effective March 23. L. 2002: (2)(b)(II) amended, p. 103, § 1, effective March 26. L. 2003: (4) amended, p. 429, § 1, effective April 1. L. 2017: (7) added, (SB 17-021), ch. 305, p. 1660, § 3, effective June 2. L. 2018: (7) amended, (SB 18-016), ch. 334, p. 2008, § 1, effective May 30. Colorado Revised Statutes 2019 Page 184 of 226 Uncertified Printout Editor's note: This section is similar to former §§ 17-27-106 and 17-27-115 as they existed prior to 1993. Cross references: For the legislative declaration in SB 17-021, see section 1 of chapter 305, Session Laws of Colorado 2017. ARTICLE 27.1 Nongovernmental Facilities Notice Requirements 17-27.1-101. Nongovernmental facilities for offenders - registration - notifications penalties - definitions. (1) (a) The general assembly finds that the transfer into Colorado of persons that have been convicted of or have agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state who are required to participate in private treatment programs in this state is a matter of statewide and local concern. (b) The general assembly further finds that although Colorado is a signatory to the "Interstate Compact for Adult Offender Supervision" established pursuant to part 28 of article 60 of title 24, C.R.S., more information concerning out-of-state offenders is necessary for the protection of the citizens of Colorado, and it may be necessary to further regulate programs that provide treatment and services to such persons. (2) As used in this section, unless the context otherwise requires: (a) (Deleted by amendment, L. 2011, (HB 11-1009), ch. 5, p. 9, § 1, effective March 1, 2011.) (b) "Chief law enforcement official" means: (I) If a facility of a private treatment program is located within a municipality, the chief of police of such municipality; (II) If a facility of a private treatment program is located within a city and county, the manager of safety of such city and county or other person with such duties; and (III) If a facility of a private treatment program is not located within a municipality or city and county, the county sheriff of the county where the facility is located. (b.5) "Compact administrator" means the person appointed pursuant to the provisions of part 28 of article 60 of title 24, C.R.S., to be responsible for the administration of the interstate compact. (c) "Interstate compact" means the "Interstate Compact for Adult Offender Supervision", part 28 of article 60 of title 24, C.R.S. (d) "Private treatment program" means any residential or nonresidential program that provides services, treatment, rehabilitation, education, or criminal history-related treatment for supervised or unsupervised persons but does not include a private contract prison facility, a prison facility operated by a political subdivision of the state, a facility providing treatment for persons with mental health disorders or intellectual and developmental disabilities, or a community corrections program established pursuant to article 27 of this title 17. (e) "Sending state" shall have the same meaning as in the interstate compact. (f) "Supervised person" means a person eighteen years of age or older who is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or Colorado Revised Statutes 2019 Page 185 of 226 Uncertified Printout deferred prosecution for a crime in another state but is or will be under the supervision of a probation officer or community parole officer in Colorado pursuant to the interstate compact. (g) "Supervising person" means the person in this state who is in charge of the overall administration of a private treatment program. (h) "Unsupervised person" means a person eighteen years of age or older who, although not required to be under the jurisdiction of a probation officer or community parole officer in Colorado, is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime outside of the state of Colorado and is directed to attend a private treatment program in Colorado by any court, department of corrections, state board of parole, probation department, parole division, adult diversion program, or any other similar entity or program in a state other than Colorado. (3) (a) In order to ensure uniformity and consistency, the sending state shall be in compliance with the provisions of the interstate compact, or the compact administrator shall reject the placement of the supervised person pursuant to subsection (6) of this section. (b) A sending state shall not permit travel of a supervised person who is a nonresident of this state to the state of Colorado without written notification from the compact administrator of acceptance of the supervised person into a private treatment program. (c) Any request for placement of a nonresident of this state in a private treatment program from a sending state shall contain written justification as to why treatment in the state of Colorado is preferable or more beneficial than treatment in the sending state. (4) No private treatment program in Colorado shall admit or accept a supervised or unsupervised person into the program unless the supervised or unsupervised person has signed a waiver that authorizes the release of confidential information. (5) A private treatment program in Colorado shall not admit or accept a supervised or unsupervised person into the program unless the program: (a) Is registered with the compact administrator, and, if the person is a supervised person, the private treatment program is: (I) Approved by the office of behavioral health in the department of human services, established in article 80 of title 27, if the program provides alcohol or drug abuse treatment; (II) Certified or approved by the sex offender management board, established in section 16-11.7-103, C.R.S., if the program provides sex offender treatment; (III) Certified or approved by a domestic violence treatment board, established pursuant to part 8 of article 6 of title 18, C.R.S., if the program provides treatment for persons who were convicted of an act of domestic violence as defined in section 18-6-800.3, C.R.S., or of an act for which the underlying factual basis included an act of domestic violence; or (IV) Licensed or certified by the division of adult parole in the department of corrections, the department of regulatory agencies, the office of behavioral health in the department of human services, the state board of nursing, or the Colorado medical board if the program provides treatment that requires certification or licensure; (b) If the person is unsupervised, has notified the compact administrator of the following information for each such unsupervised person: (I) Name, date and place of birth, and social security number; (II) Complete criminal history of the person as shown by a national criminal information check; Colorado Revised Statutes 2019 Page 186 of 226 Uncertified Printout (III) Name and address of any court, department, board of parole, probation department, parole division, adult diversion program, or other similar entity or program having jurisdiction over the person; and (IV) Terms and conditions under which the person is required or directed to attend the program; and (c) (I) If the person is supervised and is a resident of the state of Colorado, has confirmed that the sending state has provided all information concerning the supervised person required by the interstate compact to the compact administrator; and (II) If the person is supervised and is a nonresident of the state of Colorado, has confirmed that the compact administrator has accepted the person for placement in the private treatment program. (6) (a) Pursuant to criteria established by the interstate compact, the compact administrator shall either accept or reject the placement of the supervised person in the private treatment program. (b) For all unsupervised persons and for supervised persons that the compact administrator accepts for placement in a private treatment program, the compact administrator shall immediately notify the appropriate chief law enforcement official and the director of the Colorado bureau of investigation. (c) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.) (7) By written policy, a local law enforcement agency shall require a supervised or unsupervised person to physically appear at the local law enforcement agency for fingerprinting and photographing. (8) (a) The private treatment program shall immediately notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer whenever any person directed to appear in a facility operated by the program fails to appear or is absent without authority. (b) The private treatment program shall notify the chief law enforcement official where the program is located and, if supervised, the person's probation or community parole officer at least seven days prior to the release of any person placed in such program. (9) (a) Any private treatment program or supervising person that violates this section commits a misdemeanor. Upon a first conviction, the private treatment program or supervising person shall be punished by a fine of five hundred dollars. Upon a second conviction, a private treatment program or supervising person shall be punished by a fine of one thousand dollars. Upon a third or subsequent conviction, a private treatment program or supervising person shall be punished by a fine of five thousand dollars. (b) Each failure to comply with a provision of this section by a private treatment program or supervising person relating to a different person constitutes a separate violation. (10) (a) In addition to any other duties, the compact administrator may promulgate rules governing unsupervised persons including but not limited to their identification. (b) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.) (11) Nothing in this section shall be deemed to prohibit any unit of local government, as defined in section 17-27-102 (8), from enacting ordinances and regulations concerning the licensing of private treatment programs located within their jurisdiction and providing for the punishment for the operation of unlicensed private treatment programs. (12) (Deleted by amendment, L. 2000, p. 232, § 1, effective July 1, 2000.) Colorado Revised Statutes 2019 Page 187 of 226 Uncertified Printout Source: L. 86: Entire article added, p. 765, § 1, effective July 1; entire section amended, p. 763, § 5, effective July 1. L. 93: (1) amended, p. 718, § 4, effective July 1. L. 95: (1) amended, p. 1098, § 18, effective May 31. L. 98: (2) amended, p. 820, § 20, effective August 5. L. 99: Entire section R&RE, p. 1172, § 1, effective June 2. L. 2000: (2)(d), (2)(f), (2)(g), (2)(h), (3), (5)(a), (5)(c), (6)(c), (10)(b), and (12) amended, p. 232, § 1, effective July 1. L. 2002: (5)(a)(I) amended, p. 666, § 12, effective May 28. L. 2006: (2)(d) amended, p. 1398, § 47, effective August 7. L. 2008: (2)(f), (2)(h), and (8) amended, p. 658, § 11, effective April 25. L. 2010: (5)(a)(I) amended, (SB 10-175), ch. 188, p. 784, § 26, effective April 29; (5)(a)(IV) amended, (HB 10-1260), ch. 403, p. 1987, § 76, effective July 1. L. 2011: (1)(b), (2)(a), (2)(c), (3)(a), (3)(b), IP(5)(a), IP(5)(b), (5)(c), (6)(a), (6)(b), and (10)(a) amended and (2)(b.5) added, (HB 11-1009), ch. 5, p. 9, § 1, effective March 1; (5)(a)(IV) amended, (HB 11-1303), ch. 264, p. 1156, § 30, effective August 10. L. 2017: IP(5), (5)(a)(I), and (5)(a)(IV) amended, (SB 17-242), ch. 263, p. 1254, § 12, effective May 25. L. 2018: (2)(d) amended, (SB 18-091), ch. 35, p. 385, § 17, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. ARTICLE 27.5 Intensive Supervision Programs Editor's note: (1) This article was repealed in 1986 and was subsequently recreated and reenacted in 1986, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1986, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) Section 17-27.5-106 as it existed prior to 1986 provided for the repeal of this article, effective February 15, 1986. (see L. 1984, p. 534.) 17-27.5-101. Authority to establish intensive supervision programs for parolees and community corrections offenders. (1) (a) The department shall have the authority to establish and directly operate an intensive supervision program for any offender not having more than one hundred eighty days remaining until such offender's parole eligibility date and for any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of this title. (b) The department shall also be authorized to refer for placement to an intensive supervision program operated under the jurisdiction of units of local government under contract with and approved by the department: (I) Any offender not having more than one hundred eighty days remaining until such offender's parole eligibility date and any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of this title; Colorado Revised Statutes 2019 Page 188 of 226 Uncertified Printout (II) Any offender who has met program objectives of a residential community corrections program and who has not more than one hundred eighty days remaining until such offender's parole eligibility date. (c) The department shall have the authority to contract with community corrections programs and other providers for intensive supervision services subject to the approval of the affected unit of local government. In contracting for such programs, the department shall obtain the advice and consent of affected units of local government and shall consider the needs of the communities and offenders for successful reintegration into communities and the appropriate allocation of resources for effective correction of offenders. (2) The department may place in an intensive supervision program authorized pursuant to subsection (1) of this section any offender who has been referred to a community corrections program pursuant to section 18-1.3-301 (2)(b), C.R.S., and approved for placement in the program pursuant to section 17-27-103 (5) or section 17-27-104 (3) if the placement will not increase the overall vacancy rate as of June 30, 1995, for the community corrections program. Source: L. 86: Entire article RC&RE, p. 764, § 6, effective May 28. L. 89: Entire section R&RE, p. 883, § 1, effective July 1. L. 91: Entire section amended, p. 342, § 2, effective June 1. L. 93: Entire section amended, p. 44, § 1, effective July 1. L. 95: Entire section amended, p. 1276, § 14, effective June 5. L. 96: (1) amended, p. 842, § 1, effective May 23. L. 98: (1)(a) and (1)(b)(I) amended, p. 319, § 3, effective July 1. L. 2002: (2) amended, p. 1508, § 171, effective October 1. Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27.5-102. Minimum standards and criteria for the operation of intensive supervision programs. (1) The department shall have the power to establish and enforce standards and criteria for administration of intensive supervision programs. (2) The standards and criteria shall require that offenders in the program receive at least the minimum services consistent with public safety, including highly restricted activities, weekly face-to-face contact between the offender and the program staff, daily telephone contact between the offender and the program staff, a monitored curfew at the offender's place of residence at least once a month, employment visitation and monitoring at least twice each month, home visitation, drug and alcohol screening, treatment referrals and monitoring, assuring the payment of restitution, and community service in a manner that shall minimize any risk to the public. (3) An offender as defined in section 17-27-102 (6) is eligible for an intensive supervision program only upon the recommendation of the department if such offender has not more than one hundred eighty days remaining until such offender's parole eligibility date or upon a transfer from a community corrections residential program under article 27 of this title if such offender has not more than one hundred eighty days remaining until such offender's parole eligibility date and if the local community corrections board finds that the correctional needs of such offender will be better served by such supervision. The local community corrections board has the authority to accept, reject, or reject after acceptance the participation of any offender in each and every intensive supervision program under this article. In selecting offenders for Colorado Revised Statutes 2019 Page 189 of 226 Uncertified Printout transfer to an intensive supervision program, the department and the local community corrections board shall consider, but shall not be limited to, the following factors: (a) The frequency, severity, and recency of disciplinary actions against the offender; (b) The offender's escape history, if any; (c) Whether the offender has functioned at a high level of responsibility in a community corrections program, if applicable; (d) Whether the offender will have adequate means of support and suitable housing in the community; and (e) The nature of the offense for which the offender has been incarcerated. (4) At least two weeks prior to placement of a nonparoled offender in an intensive supervision program, the executive director shall notify or cause to be notified the respective prosecuting attorney and the law enforcement agency of the affected unit of local government; and he shall have previously notified the affected corrections board. Source: L. 89: Entire section added, p. 884, § 2, effective July 1. L. 91: IP(3) amended, p. 342, § 3, effective June 1. L. 93: IP(3) amended, p. 44, § 2, effective July 1; (3) amended, p. 719, § 5, effective July 1. L. 96: (1) amended, p. 843, § 2, effective May 23. Editor's note: Amendments to subsection (3) in House Bill 93-1073 and House Bill 931233 were harmonized. 17-27.5-103. Confinement in county jail. Where the community corrections administrator of an intensive supervision program has cause to believe that an offender placed in the program has violated any rule or condition of his or her placement or cannot be safely supervised in that program, the administrator shall certify to the supervising community parole officer the facts that are the basis for his or her belief and execute a transfer order to the sheriff of the county in which the program is being operated, who shall confine the offender in the county jail pending a determination by the supervising community parole officer as to whether or not the offender shall remain in the program. Source: L. 89: Entire section added, p. 884, § 2, effective July 1. L. 2008: Entire section amended, p. 659, § 12, effective April 25. 17-27.5-104. Escape from custody - duties of peace officer or community parole officer - definitions. (1) If an offender fails to remain within the extended limits on his or her confinement as established under the intensive supervision program; or, having been ordered by the parole board, the executive director, or the administrator of the program to return to the correctional institution, neglects or fails to do so; or knowingly removes or tampers with an electronic monitoring device that he or she is required to wear as a condition of parole, he or she shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208. (2) When a peace officer or community parole officer has probable cause to believe that an offender has committed an escape, as described in subsection (1) of this section and section 18-8-208, by knowingly removing or tampering with an electronic monitoring device that he or she is required to wear as a condition of parole, the officer shall immediately seek a warrant for Colorado Revised Statutes 2019 Page 190 of 226 Uncertified Printout the offender's arrest or effectuate an immediate arrest if the offender is in the presence of the officer. However, before an officer arrests an offender pursuant to this subsection (2), the officer, if practicable, shall determine that the notification of removal or tampering was not merely the result of an equipment malfunction. (3) Subsequent to any arrest pursuant to subsection (2) of this section, if a peace officer or community parole officer has probable cause to believe that a person has committed the offense of escape under this section, the peace officer or community parole officer shall submit charges to the office of the district attorney for consideration of filing pursuant to section 16-5205. (4) As used in this section, unless the context otherwise requires: (a) "Peace officer" means a certified peace officer described in section 16-2.5-102. (b) "Tampering" has the same meaning as set forth in section 17-1-102 (8.5). Source: L. 89: Entire section added, p. 885, § 2, effective July 1. L. 2017: Entire section amended, (SB 17-048), ch. 94, p. 286, § 1, effective August 9. 17-27.5-105. Duty to report. (Repealed) Source: L. 89: Entire section added, p. 885, § 2, effective July 1. L. 96: Entire section amended, p. 843, § 3, effective May 23. L. 98: Entire section repealed, p. 729, § 14, effective May 18. 17-27.5-106. Authority of state board of parole to utilize intensive supervision programs. An offender who is granted parole or whose parole is modified may be required by the state board of parole, as a condition of such parole, to participate in an intensive supervision program as defined by this article; except that the offender shall not be subject to the authority of the local community corrections board under section 17-27.5-102 (3). Source: L. 89: Entire section added, p. 885, § 2, effective July 1. ARTICLE 27.7 Regimented Inmate Discipline and Treatment Program 17-27.7-101. Legislative declaration. It is the intent of the general assembly that the program established pursuant to this article shall benefit the state by reducing prison overcrowding and shall benefit persons who have been convicted of offenses and placed in the custody of the department by promoting such person's personal development and self-discipline. Source: L. 90: Entire article added, p. 963, § 1, effective June 7. 17-27.7-102. Regimented inmate training programs - authorization - standards for operation. (1) The department may develop and implement a regimented inmate training Colorado Revised Statutes 2019 Page 191 of 226 Uncertified Printout program. Any regimented inmate training program shall include, but shall not be limited to, the following aspects: (a) A military-styled intensive physical training and discipline program; (b) An educational and vocational assessment and training program emphasizing job seeking skills; (c) A health education program; and (d) A drug and alcohol education and treatment program which shall be structured as an integral part of the entire regimented inmate training program. (2) The department may establish and enforce standards for the regimented inmate training program and each of the aspects thereof described in subsection (1) of this section. (3) The regimented inmate training program shall be structured in such a manner that any offender who is assigned to the program by the executive director shall remain in the program for a period of ninety days, unless removed from the program and reassigned by the executive director for unsatisfactory performance. The executive director may authorize an extension of the program for any offender not to exceed thirty days when such extension will allow the offender to be considered for probation under rule 35b of the Colorado rules of criminal procedure. Source: L. 90: Entire article added, p. 963, § 1, effective June 7. 17-27.7-103. Regimented inmate training program - eligibility of offenders. (1) The executive director may assign an inmate to a regimented inmate training program pursuant to section 17-40-102 (2). The executive director shall assign to a regimented inmate training program only those inmates who are nonviolent offenders thirty years of age or younger who are not serving a sentence and have not served a previous sentence in a correctional facility for an unlawful sexual behavior offense described in section 16-22-102 (9), a crime of violence described in section 18-1.3-406, an assault offense described in part 2 of article 3 of title 18, or a child abuse offense described in part 4 of article 6 of title 18; or who are not presently serving a sentence for a nonviolent offense that was reduced from an unlawful sexual behavior offense described in section 16-22-102 (9), a crime of violence described in section 18-1.3-406, an assault offense described in part 2 of article 3 of title 18, or a child abuse offense described in part 4 of article 6 of title 18, as a result of a plea agreement; or who are not aliens subject to a removal order. Any offender assigned to the program must be free of any physical or mental disability that could jeopardize his or her ability to complete the program. The department may eliminate any offender from the program upon a determination by the department that a physical disability or a mental health disorder will prevent full participation in the program by the offender. The department is absolved of liability for participation in the program. (2) The executive director shall assign no more than one hundred offenders to the regimented inmate training program at any one time. No more than a maximum of four hundred offenders shall be assigned to the program in any one year. However, the executive director may assign offenders to the program to replace those offenders who fail to complete the program. Source: L. 90: Entire article added, p. 964, § 1, effective June 7. L. 92: (1) amended, p. 254, § 1, effective March 16. L. 2002: (1) amended, p. 1508, § 172, effective October 1. L. 2004: (1) amended, p. 187, § 1, effective April 1. L. 2017: (1) amended, (HB 17-1046), ch. 50, Colorado Revised Statutes 2019 Page 192 of 226 Uncertified Printout p. 158, § 9, effective March 16. L. 2018: (1) amended, (SB 18-091), ch. 35, p. 386, § 18, effective August 8. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 17-27.7-104. Acceptance and completion of the program by an offender reconsideration of sentence. (1) The department, upon acceptance of an offender into the program, shall immediately notify the court of such acceptance. (2) (a) If an offender successfully completes a regimented inmate training program, such offender, within sixty days of termination or completion of the program, shall automatically be referred to the sentencing court so that the offender may make a motion for reduction of sentence pursuant to rule 35 (b) of the Colorado rules of criminal procedure. (b) The department shall submit a report to the court concerning such offender's performance in the program. Such report may recommend that the offender be placed in a specialized probation or community corrections program. The court may not summarily deny the offender's motion without a complete consideration of all pertinent information provided by the offender, the offender's attorney, and the district attorney. The court may issue an order modifying the offender's sentence and placing the offender on probation or in a community corrections program. (b.5) Notwithstanding the fact that the offender's case is on appeal, the sentencing court shall retain jurisdiction to consider and rule on motions for reconsideration filed pursuant to this subsection (2). (c) (I) Any motion filed pursuant to paragraph (a) of this subsection (2) shall be given priority for consideration by the sentencing court. An offender who successfully completes the regimented inmate training program within twenty-eight months prior to such offender's parole eligibility date shall be eligible for placement in a community corrections program operated pursuant to article 27 of this title. (II) An offender placed in a community corrections program pursuant to subparagraph (I) of this paragraph (c) may be required to participate in a structured, transitional discipline program in such community corrections program for six months or until completion of the offender's sentence, whichever occurs first. (III) Upon satisfactory completion of the community corrections program, an offender whose sentence has not been completely served may be required to participate in the intensive supervision program pursuant to section 17-27.5-102. Source: L. 90: Entire article added, p. 964, § 1, effective June 7. L. 95: Entire section amended, p. 184, § 1, effective April 7. L. 98: (2)(c)(I) amended, p. 318, § 1, effective July 1. L. 2007: (2)(b.5) added, p. 557, § 3, effective April 16. 17-27.7-105. Evaluation of regimented inmate training program. (Repealed) Source: L. 90: Entire article added, p. 964, § 1, effective June 7. L. 96: Entire section repealed, p. 1267, § 186, effective August 7. Colorado Revised Statutes 2019 Page 193 of 226 Uncertified Printout Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996. ARTICLE 27.8 Home Detention Programs Law reviews: For article "1990 Criminal Law Legislative Update", see 19 Colo. Law. 2049 (1990). 17-27.8-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Home detention" means an alternative correctional sentence or term of probation supervision wherein a defendant convicted of any felony, other than a class 1 or violent felony, is allowed to serve his sentence or term of probation, or a portion thereof, within his home or other approved residence. Such sentence or term of probation shall require the offender to remain within his approved residence at all times except for approved employment, courtordered activities, and medical needs. (2) "Offender" means any person who has been convicted of or who has received a deferred sentence for a felony, other than a class 1 or violent felony. Source: L. 90: Entire article added, p. 967, § 1, effective July 1. 17-27.8-102. Authority of sentencing courts to utilize home detention programs. (Repealed) Source: L. 90: Entire article added, p. 967, § 1, effective July 1. L. 94: (1)(d) added, p. 2041, § 23, effective July 1. L. 95: (1)(d) amended, p. 569, § 8, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1. Editor's note: In 2002, this section was relocated to § 18-1.3-105. Cross references: For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27.8-103. Home detention program - contracted by department of public safety. (1) The division of criminal justice of the department of public safety is hereby authorized to contract with private entities to develop, administer, and operate home detention programs which may be utilized by any sentencing judge pursuant to section 18-1.3-105 (1), C.R.S. (2) Any home detention program developed pursuant to subsection (1) of this section shall include each of the following components: (a) Supervision of the offender by personal monitoring by a home detention officer employed by the entity operating the home detention program; (b) Supervision of the offender through monitoring by electronic devices which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and Colorado Revised Statutes 2019 Page 194 of 226 Uncertified Printout (c) Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education. Source: L. 90: Entire article added, p. 968, § 1, effective July 1. L. 2002: (1) amended, p. 1509, § 173, effective October 1. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27.8-104. Home detention program - operated by the judicial department. (1) The judicial department is hereby authorized to develop, administer, and operate a home detention program which may be utilized by any sentencing judge pursuant to section 18-1.3-105 (1), C.R.S., or to contract with the division of criminal justice of the department of public safety for the utilization of home detention programs contracted for by that division. (2) Any home detention program developed pursuant to subsection (1) of this section shall include each of the following components: (a) Supervision of the offender by personal monitoring by a probation officer employed by the judicial department, or a home detention officer employed by a private entity operating a home detention program; (b) Supervision of the offender through monitoring by electronic devices which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and (c) Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education. Source: L. 90: Entire article added, p. 969, § 1, effective July 1. L. 93: (1) amended, p. 1776, § 37, effective June 6. L. 2002: (1) amended, p. 1509, § 174, effective October 1. Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27.8-105. Home detention program - operated by the department of corrections for offenders who are paroled. The department of corrections is hereby authorized to develop, administer, and operate a home detention program or to contract with the division of criminal justice of the department of public safety pursuant to section 17-27.8-103 for a home detention program which may be utilized by the state board of parole for an offender as a condition of parole or modified parole. Source: L. 90: Entire article added, p. 969, § 1, effective July 1. 17-27.8-106. Escape from custody. If an offender fails to remain within the extended limits of a home detention program as ordered by a sentencing judge, he shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 188-208, C.R.S. An offender on parole who fails to remain within the limits of a home detention program shall be deemed to be in violation of parole pursuant to section 17-2-103 (1)(e). Colorado Revised Statutes 2019 Page 195 of 226 Uncertified Printout Source: L. 90: Entire article added, p. 969, § 1, effective July 1. ARTICLE 27.9 Specialized Restitution and Community Service Programs 17-27.9-101. Legislative declaration. (Repealed) Source: L. 92: Entire article added, p. 262, § 2, effective July 1. L. 93: Entire section amended, p. 1172, § 1, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1. Editor's note: In 2002, this section was relocated to § 18-1.3-302. Cross references: For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27.9-102. Specialized restitution and community service programs - contract with treatment providers - division of criminal justice. (1) The director of the division of criminal justice of the department of public safety may, pursuant to section 17-27-108, contract with one or more public or private providers or community corrections boards, as defined in section 17-27-102 (2), who operate restitution and community service facilities, to provide specialized restitution and community service programs that meet the requirements of this section. As used in this article 27.9, such providers are referred to as "providers". The office of behavioral health in the department of human services shall approve any entity that provides treatment for substance use disorders pursuant to article 80 of title 27. (2) Any contract entered into for a specialized restitution and community service program pursuant to this section shall meet the following criteria: (a) The goals of the program shall include, but shall not be limited to: (I) A level of supervision for each offender appropriate to ensure public safety; (II) The reimbursement to the victim and to society for the damage caused by the offender's crime through restitution and community service performed by the offender; (III) The reduction of any substance abuse by any offender placed in the program, with the ultimate goal of abstinence from the use of drugs or alcohol by each such offender; (IV) The reduction of recidivism by offenders who have completed the program; (V) The development of employment skills and the attainment of meaningful employment by any offender placed in the program; (VI) The use of peer support and accountability for any offender placed in the program, and the continuation of services and ongoing participation in the program to maintain the offender's progress; (VII) The enhancement of the educational skills of any offender placed in the program, including the enhancement of self-care and self-sufficiency capabilities. (b) (I) The program shall consist of three phases as follows: (A) The first phase shall be intensive residential treatment; Colorado Revised Statutes 2019 Page 196 of 226 Uncertified Printout (B) The second phase shall consist of residential treatment in conjunction with gradual reentry into the community; (C) The third phase shall consist of nonresidential treatment. (II) The first and second phases may continue for up to nine months, and the third phase may continue for up to twelve months or longer if restitution and community service have not been completed. The degree of supervision during the third phase shall be designed to decrease in intensity as the offender responds to the program and becomes substantially reestablished in the community. (III) Victim restitution and community service shall be a primary emphasis in the second and third phases. Source: L. 92: Entire article added, p. 263, § 2, effective July 1. L. 93: (1) amended, p. 720, § 6, effective July 1. L. 94: (1) amended, p. 2653, § 131, effective July 1. L. 2010: (1) amended, (SB 10-175), ch. 188, p. 784, § 27, effective April 29. L. 2017: (1) amended, (SB 17242), ch. 263, p. 1303, § 134, effective May 25. Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-27.9-103. Offenders who may be sentenced to the specialized restitution and community service program. (Repealed) Source: L. 92: Entire article added, p. 264, § 2, effective July 1. L. 93: (1) amended and (4) added, p. 1173, § 2, effective July 1; (2)(b) amended, p. 720, § 7, effective July 1. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1. Editor's note: In 2002, this section was relocated to § 18-1.3-302. Cross references: For the legislative declaration contained in the act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 17-27.9-104. Contracts with providers - amounts - loans. (1) Any provider who contracts with the executive director of the department of public safety to provide specialized restitution and community service programs pursuant to section 17-27.9-102 shall be reimbursed on a per diem rate for residential supervision and a monthly rate for nonresidential supervision which rate shall be the final rate proposed by the provider during the competitive bidding process. (2) Any offender who has the ability to pay all or any part of the cost of the offender's treatment and room and board pursuant to this article through assets or through any employment during the second or third phase of the program shall be ordered to make such payments to the provider. Any moneys collected by the provider pursuant to this subsection (2) shall be used to offset payments made to the provider pursuant to subsection (1) of this section. The amount of any such payments shall be set by the probation department after considering the offender's expenses for family support, victim restitution, and other living expenses. Colorado Revised Statutes 2019 Page 197 of 226 Uncertified Printout (3) Any provider who contracts with the executive director of the department of public safety to provide specialized restitution and community service programs pursuant to section 1727.9-102 may use the payments which such provider receives pursuant to this section to match federal or private grants in order to fund the provision of additional specialized restitution and community service programs, so long as matching such grants does not cause a reduction in the available bed space and so long as matching such grants does not bind the general assembly to fund such programs in future years. Source: L. 92: Entire article added, p. 265, § 2, effective July 1. L. 93: (1) amended and (3) added, p. 1174, § 3, effective July 1. 17-27.9-105. Evaluation of specialized restitution and community service programs. (1) The director of the division of criminal justice shall conduct annual evaluations of each specialized restitution and community service program under which services are provided pursuant to this article. Evaluations shall include the consideration of the physical facility for each program, the financial operation of each program, and the effectiveness of each program in meeting the goals and requirements set forth in this article. The division of criminal justice shall develop specific evaluation criteria for each specialized restitution and community service program throughout the state after consultation with the local corrections board in the community where such program is located. Any provider that fails to meet the evaluation criteria within a reasonable time shall be subject to the termination of any contract entered into with such provider pursuant to this article. (2) Repealed. Source: L. 92: Entire article added, p. 265, § 2, effective July 1. L. 96: (2) repealed, p. 1267, § 185, effective August 7. Cross references: For the legislative declaration contained in the 1996 act repealing subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996. 17-27.9-106. Executive director of department - authority to accept funds - cash fund created. The executive director of the department of public safety is hereby authorized to accept any grants or donations from any private or public source for the purpose of administering specialized restitution and community service programs pursuant to this article. Any such grants or donations shall be transmitted to the state treasurer, who shall credit the same to the specialized restitution and community service cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly and, in accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of this fund shall be credited to the general fund. Source: L. 92: Entire article added, p. 266, § 2, effective July 1. ARTICLE 28 Restitution to Victims of Crime Colorado Revised Statutes 2019 Page 198 of 226 Uncertified Printout Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 28 of title 27. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. Cross references: For administrative proceedings to compensate victims of crime, see article 4.1 of title 24; for restitution to victims as a condition of probation, see § 18-1.3-205; for restitution as a condition of parole, see § 17-2-201 (5)(c); for restitution to victims of theft, see § 18-4-401; for restitution by delinquent children under the "Colorado Children's Code", see § 192-918; for charges for bad checks received as a restitution payment ordered as a condition of a plea agreement, see § 16-7-304; for charges for bad checks received as a restitution payment ordered as a condition of a deferred prosecution, see § 16-7-404. 17-28-101. Legislative declaration. (1) The general assembly finds and declares that: (a) The number of victims of crime increases daily; (b) These victims suffer undue hardship by virtue of physical, mental, and emotional injury or loss of property; (c) Persons found guilty of causing such suffering are under a moral and legal obligation to make adequate restitution and restoration to those injured by their conduct; (d) Restitution and restoration provided by criminal offenders to their victims may be instruments of rehabilitation for offenders and may contribute to the healing and improved emotional well-being of their victims. (2) The purpose of this article is to encourage the establishment of programs to provide for restitution to and restoration of victims of crime by offenders who are sentenced, or who have been released on parole, or who are being held in local correctional and detention facilities. It is the intent of the general assembly that restitution be utilized wherever feasible to restore losses to the victims of crime and to aid the offender in reintegration as a productive member of society. It is also the purpose of this article to promote establishment of victim-offender conferences in the institutions under the control of the department of corrections, using restorative justice practices as defined in section 18-1-901 (3)(o.5), C.R.S. Source: L. 77: Entire title R&RE, p. 947, § 10, effective August 1. L. 2011: Entire section amended, (HB 11-1032), ch. 296, p. 1400, § 2, effective August 10. Editor's note: This section is similar to former § 27-28-101 as it existed prior to 1977. 17-28-102. Establishment of restitution programs. The department shall, as a means of assisting in the rehabilitation of persons committed to its care, including persons placed in community correctional facilities or programs, establish programs and procedures whereby such persons may contribute toward restitution of those persons injured as a consequence of their criminal acts. Source: L. 77: Entire title R&RE, p. 947, § 10, effective August 1. L. 87: Entire section amended, p. 1826, § 6, effective August 27. L. 96: Entire section amended, p. 1266, § 184, effective August 7. Colorado Revised Statutes 2019 Page 199 of 226 Uncertified Printout Editor's note: This section is similar to former § 27-28-102 as it existed prior to 1977. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 17-28-103. Victim-offender conferences - pilot program. The department is authorized to establish a pilot program, when funds become available, in its correctional facilities to facilitate victim-initiated victim-offender conferences whereby a victim of a crime may request a facilitated conference with the offender who committed the crime, if the offender is in the custody of the department. After such a pilot program is established, the department may establish policies and procedures for the victim-offender conferences using volunteers to facilitate the conferences. The volunteers shall complete the department's volunteer and facilityspecific training programs and complete high-risk victim-offender training and victim advocacy training. The department shall not compensate or reimburse a volunteer or victim for any expenses nor otherwise incur any additional expenses to establish or operate the victim-offender conferences pilot program. If a pilot program is available, and subsequent to the victim's or the victim representative's request, the department shall arrange such a conference only after determining that the conference would be safe and only if the offender agrees to participate. The purposes of the conference shall be to enable the victim to meet the offender, to obtain answers to questions only the offender can answer, to assist the victim in healing from the impact of the crime, and to promote a sense of remorse and acceptance of responsibility by the offender that may contribute to his or her rehabilitation. Source: L. 2011: Entire section added, (HB 11-1032), ch. 296, p. 1401, § 3, effective August 10. ARTICLE 29 Physical Labor by Inmates Cross references: For other provisions concerning work by inmates, see §17-20-117 and article 24 of this title. 17-29-101. Legislative declaration. The general assembly hereby finds and declares that the people of this state would benefit from a program to reclaim and maintain the land and resources of public entities within this state; that the executive director has custody over inmates, both male and female, who could be utilized as a labor force in such a program; that such a program would reinforce the rehabilitation of such inmates, provide work skills, and instill a work ethic in the inmates, thereby facilitating their readjustment to society; and that work assignments involving physical labor will assist the executive director and the wardens in the management of correctional facilities under their supervision. To these ends, it is the purpose of this article to create within the department physical labor work programs, including an intensive labor work program for all inmates sentenced to the department, including repeat offenders and parole violators as well as those inmates who demonstrate behavior inconsistent with the rules of the department or any of its facilities, which utilize the physical labor of inmates. The executive Colorado Revised Statutes 2019 Page 200 of 226 Uncertified Printout director or the executive director's designee may appoint facility wardens, responsible for the administration of correctional facilities, to perform the duties and functions set forth in this article. Source: L. 81: Entire article added, p. 965, § 1, effective June 10. L. 97: Entire section amended, p. 28, § 5, effective March 20. L. 2000: Entire section amended, p. 848, § 46, effective May 24. 17-29-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Able-bodied offender" has the same meaning as set forth in section 17-24-103 (1). (2) "Work program" means a work program established pursuant to the provisions of this article. Source: L. 81: Entire article added, p. 965, § 1, effective June 10. 17-29-103. Executive director to establish work program. (1) The executive director may establish an intensive labor work program at all facilities, utilizing the physical labor of able-bodied offenders, which will be directed toward the reclamation and maintenance of land and resources, including but not limited to those of any federal, state, or local governmental agency or nonprofit agency within this state, and which will be administered by the various wardens responsible for the administration of any correctional facility. Such intensive labor work program shall be operated on an incentive basis so that an offender assigned to the intensive labor work program who demonstrates that he or she is willing to modify his or her behavioral patterns, to cooperate in his or her rehabilitation, and to learn both a work ethic and a job skill becomes eligible for reassignment from the intensive labor work program. (2) Immediately after the evaluation and diagnosis required by section 16-11-308 (2), C.R.S., and initial placement at a correctional facility, every able-bodied offender may, by departmental classification action, be assigned to and shall participate in the intensive labor work program for a period of not less than thirty days; except that the executive director or the wardens responsible for the administration of correctional facilities may waive or delay an offender's initial assignment to the intensive labor work program for the good of the department. Offenders assigned to the intensive labor work program will be compensated at a rate set in accordance with the regulations of the department concerning offender pay, including but not limited to provisions concerning deductions and reimbursement for care claims. (3) The executive director is specifically authorized to assign such other able-bodied offenders whose behavior is inconsistent with the rules established by the executive director or the executive director's designee to the intensive labor work program for such periods of time as may best serve the offenders and assist the executive director in the management of correctional facilities under the supervision of the executive director. Eligibility for reassignment from the intensive labor work program to such educational or vocational work programs as are consistent with the diagnosis and evaluation conducted pursuant to article 40 of this title will be determined by departmental classification action after reviewing the offender's willingness to modify behavioral patterns, to commit to cooperating in rehabilitation, and to learn both a work ethic and a job skill. Offenders assigned to the intensive labor work program pursuant to this section Colorado Revised Statutes 2019 Page 201 of 226 Uncertified Printout will also be compensated at a rate set in accordance with the regulations concerning offender pay promulgated by the department. (4) The executive director shall establish rules to implement this article. Source: L. 81: Entire article added, p. 966, § 1, effective June 10. L. 97: Entire section amended, p. 28, § 6, effective March 20. L. 2000: (1) and (2) amended, p. 848, § 47, effective May 24. 17-29-104. Offenders in work program. (Repealed) Source: L. 81: Entire article added, p. 966, § 1, effective June 10. L. 95: Entire section repealed, p. 876, § 10, effective July 1. 17-29-105. Minimum security off-grounds work programs - authorized. (1) The executive director may establish an off-grounds work program for any appropriate minimum and minimum-restrictive inmates. The purpose of the program is to provide employment opportunities for such inmates, to reinforce the rehabilitation of such inmates, and to provide inmates with the necessary skills and appropriate work ethics in reentering the work force and their communities. Under the program, inmates may be assigned to appropriate work assignments requested by any federal, state, or local governmental agency or nonprofit agency. Appropriate work assignments shall be determined by the executive director. Requests from agencies and agency agreements with the department shall comply with criteria established by the executive director pursuant to section 17-20-115; except that such criteria may include but is not limited to the following requirements: (a) That a requesting agency outline in detail any work to be performed by inmates, the period of time for completing the project, and the respective responsibilities of the requesting agency and the department of corrections in connection with the project agreement; (b) That a requesting agency provide any necessary materials, equipment, and transportation or defray operational costs of state vehicles; (c) That appropriate security be provided at all times. In connection with this requirement, agencies may contract with the department of corrections for the department to provide such security. (d) That a requesting agency ensure that any person who supervises an inmate in connection with a work project be trained by department of corrections personnel to supervise correctional inmates. Such training may be provided by department of corrections personnel. (e) That the number of inmates supervised by one person not exceed ten; (f) That a requesting agency comply with any reporting requirements established by the executive director in connection with an off-grounds work project and the inmates participating in such project; (g) That an inmate receive security clearance to leave a correctional facility by the classification officer or committee and receive approval from the executive director; (h) That inmates be compensated in accordance with the provisions of this title and with the Colorado department of corrections inmate pay regulation, including, but not limited to, provisions with respect to deductions and reimbursement for care claims. Colorado Revised Statutes 2019 Page 202 of 226 Uncertified Printout (2) No project shall be undertaken or agreement made for any project that results in any personal benefit or profit for a private individual as opposed to the public. (3) The executive director may appoint one or more designees to perform the duties and functions set forth in this section. Source: L. 95: Entire section added, p. 876, § 11, effective July 1. L. 2000: IP(1) amended, p. 849, § 48, effective May 24. ARTICLE 30 Interdepartmental Cooperation Concerning Offenders 17-30-101. Interdepartmental cooperation concerning offenders. (Repealed) Source: L. 90: Entire article added, p. 978, § 1, effective May 8. L. 95: (1) repealed, p. 1098, § 19, effective May 31. L. 99: (2) repealed, p. 623, § 19, effective August 4. ARTICLE 30.5 Interdepartmental Agreements to Consolidate Parole and Probation Offices 17-30.5-101. (Repealed) Source: L. 2000: Entire article repealed, p. 849, § 49, effective May 24. Editor's note: This article was added in 1991. For amendments to this article prior to its repeal in 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 31 Volunteerism in the Juvenile and Adult Criminal Justice System 17-31-101. Legislative declaration. The general assembly hereby finds it necessary to provide for and encourage the implementation of programs within the state's correctional facilities, the probation division of the judicial department, the parole division within the department of corrections, the division of youth services within the department of human services, and the department of public safety that enable volunteers to effectively assist with the rehabilitation and transition of adult and juvenile offenders. The general assembly encourages the maximum use of volunteers to complement the regular staffs of such adult corrections, parole, probation, and juvenile services divisions and encourages volunteers to participate in existing programs for adult and juvenile offenders in those divisions. The general assembly finds Colorado Revised Statutes 2019 Page 203 of 226 Uncertified Printout that such volunteers should be allowed, where practical and within the safety and security requirements of the applicable institution or program, to meet with and freely communicate with offenders to assist with the rehabilitation and transition of such offenders, in order to establish support groups and systems outside of the correctional facility. Source: L. 90: Entire article added, p. 980, § 1, effective May 14. L. 94: Entire section amended, p. 2653, § 132, effective July 1. L. 2008: Entire section amended, p. 1104, § 6, effective July 1. L. 2017: Entire section amended, (HB 17-1329), ch. 381, p. 1970, § 18, effective June 6. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 17-31-102. Definitions. As used in this article 31, unless the context otherwise requires: (1) "Approved volunteer organization" means an organization which has screened and trained volunteers for working with adult and juvenile offenders in correctional facilities and in parole and probation programs of the judicial department, the department of corrections, the department of human services, and the department of public safety prior to January 1, 1990, or pursuant to guidelines for training volunteers established by either the executive director of the department of corrections, the executive director of the department of human services, the executive director of the department of public safety, or the chief justice of the supreme court. Such guidelines shall address the issues of liability, supervision, support, and training of volunteers. (2) "Division" means the division or department directing or administering any public or private correctional institution or detention facility in which offenders are housed or treated, any probation program within each judicial district, or any juvenile or adult parole program, including but not limited to, the judicial department, the department of public safety and the division of criminal justice therein, the department of corrections and the division of adult parole therein, and the department of human services and the division of youth services therein. (3) "Institution" means any of the following: (a) A correctional facility, as that term is defined in section 17-1-102 (1.7); (b) A community corrections program, as that term is defined in section 17-27-102 (3); (c) A halfway house, as that term is defined in section 19-1-103 (62), C.R.S.; (d) A diagnostic and evaluation center, as that term is defined in section 19-1-103 (41), C.R.S.; (e) A receiving center, as that term is defined in section 19-1-103 (90), C.R.S.; (f) A diagnostic center, as that term is defined in section 17-40-101 (1.5); (g) Any jail operated by a county or a city and county; (h) A minimum security facility, as that term is defined in section 17-25-101 (2). (4) "Offender" means any person who has been convicted of or who has received a deferred sentence for a felony or misdemeanor who is under the authority of an agency. (5) "Volunteer" means any person who has completed the training from an approved volunteer organization and gives his services without any express or implied promise of remuneration. Colorado Revised Statutes 2019 Page 204 of 226 Uncertified Printout Source: L. 90: Entire article added, p. 980, § 1, effective May 14. L. 93: (3)(b) amended, p. 720, § 8, effective July 1. L. 94: (1) and (2) amended, p. 2653, § 133, effective July 1. L. 96: (3)(c) to (3)(e) amended, p. 1691, § 23, effective January 1, 1997. L. 2000: (2) amended, p. 858, § 69, effective May 24. L. 2008: (2) amended, p. 1104, § 7, effective July 1. L. 2017: IP and (2) amended, (HB 17-1329), ch. 381, p. 1970, § 19, effective June 6. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 17-31-103. Volunteers - rehabilitation and transition - programs. (1) Each division shall facilitate, where practicable, the use of volunteers to assist and participate in the development and implementation of programs for the rehabilitation and transition of and growth of support groups and systems for adult and juvenile offenders in the following institutions and programs: (a) Any correctional facility or county or city and county jail; (b) Any community correctional facility or program operated pursuant to article 27 of this title; (c) The adult parole program of the division of adult parole within the department; (d) The juvenile parole program of the division of youth services within the department of human services; (e) Any intensive supervision program operated by the department or operated by a local government under contract with the department pursuant to section 17-27.5-101; (f) Any work release or education release program pursuant to section 18-1.3-207, C.R.S.; (g) Any intensive supervision probation program, established by the judicial department pursuant to section 18-1.3-208, C.R.S.; (h) Any adjunct probation services program pursuant to section 16-11-214, C.R.S.; (i) The juvenile diversion program established and administered by the division of criminal justice of the department of public safety. (j) (Deleted by amendment, L. 92, p. 2174, § 25, effective June 2, 1992.) (2) Each division may implement programs in addition to those set forth in subsection (1) of this section which utilize volunteers to assist in such division with such division's parole, probation, or other offender rehabilitation functions. Source: L. 90: Entire article added, p. 981, § 1, effective May 14. L. 92: (1)(j) amended, p. 2174, § 25, effective June 2. L. 94: (1)(d) amended, p. 2654, § 134, effective July 1. L. 96: (1)(e) amended, p. 843, § 4, effective May 23. L. 2000: (1)(c) amended, pp. 849, 858, §§ 50, 70, effective May 24. L. 2002: (1)(f) and (1)(g) amended, p. 1509, § 175, effective October 1. L. 2008: (1)(d) amended, p. 1104, § 8, effective July 1. L. 2017: (1)(d) amended, (HB 17-1329), ch. 381, p. 1970, § 20, effective June 6. Editor's note: Amendments to subsection (1)(c) by sections 50 and 70 of House Bill 001133 were harmonized. Colorado Revised Statutes 2019 Page 205 of 226 Uncertified Printout Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending subsections (1)(f) and (1)(g), see section 1 of chapter 318, Session Laws of Colorado 2002. 17-31-104. Right to visit offenders. (1) A volunteer who has completed minimum training from an approved volunteer organization may visit any offender or offenders to whom such volunteer has been assigned at any institution and in any program utilizing volunteers as set forth in section 17-31-103, subject to reasonable times and for purposes within such guidelines as may be prescribed by the division of adult parole within the department, if such volunteer presents no security risk to such institution or program and has received basic training in volunteer services. Nothing in this section shall restrict the right of a warden of any facility or program from denying access to a facility or program to a volunteer seeking to visit any offender or offenders. (2) The rights set forth and recognized under subsection (1) of this section are subject to the right of any offender to refuse such visitation. Source: L. 90: Entire article added, p. 981, § 1, effective May 14. L. 94: (1) amended, p. 604, § 11, effective July 1. L. 2000: (1) amended, pp. 849, 858, §§ 51, 71, effective May 24. Editor's note: Amendments to subsection (1) by sections 51 and 71 of House Bill 001133 were harmonized. ARTICLE 32 Correctional Education Program 17-32-101. Short title. This article shall be known and may be cited as the "Correctional Education Program Act of 1990". Source: L. 90: Entire article added, p. 971, § 1, effective July 1. 17-32-102. Legislative declaration. (1) The general assembly hereby finds and declares that illiteracy is a problem in today's society and a particular problem among persons in correctional facilities. (2) The general assembly further finds and declares that: (a) Illiteracy and cognitive and vocational deficiencies among persons in the custody of the department contribute to their inability to successfully reintegrate into society upon their release from custody and the likelihood of their return to criminal activity; and (b) Research demonstrates a clear relationship between employment of such persons and a reduction in their recidivism. (3) It is therefore the intent of the general assembly in enacting this article to: (a) Develop and implement a comprehensive competency-based educational and vocational program to combat illiteracy and develop marketable employment skills among Colorado Revised Statutes 2019 Page 206 of 226 Uncertified Printout persons in correctional facilities so they can become productive members of society when they are reintegrated into society; and (b) Ensure that state funding is provided to educational and vocational programs that meet performance objectives, provide market-relevant training, and are proven to increase the likelihood that persons who are released from a correctional facility will successfully reintegrate into society. Source: L. 90: Entire article added, p. 971, § 1, effective July 1. L. 2000: Entire section amended, p. 850, § 52, effective May 24. L. 2010: Entire section amended, (HB 10-1112), ch. 57, p. 205, § 1, effective August 11. 17-32-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Correctional education program" means the comprehensive competency-based educational and vocational program for persons in the custody of the department developed and implemented pursuant to the provisions of this article in order to ensure that each such person reaches maximum proficiency and readiness for reintegration into society. (2) and (3) Repealed. Source: L. 90: Entire article added, p. 971, § 1, effective July 1. L. 2000: (2) and (3) repealed, p. 850, § 53, effective May 24. L. 2010: (1) amended, (HB 10-1112), ch. 57, p. 206, § 2, effective August 11. 17-32-104. Division of correctional education - advisory board to the division. (Repealed) Source: L. 90: Entire article added, p. 972, § 1, effective July 1. L. 94: (2)(e) repealed, p. 630, § 3, effective April 14. L. 2000: Entire section repealed, p. 850, § 54, effective May 24. 17-32-105. Development of correctional education program - goals and objectives performance objectives - evaluation - transfers of custody - reports. (1) On and after July 1, 1990, the correctional education program is responsible for providing educational services to persons in correctional facilities under the control of the department and for developing and implementing a comprehensive competency-based educational and vocational program, which must conform to the goals and objectives outlined in this subsection (1). The correctional education program may be implemented in phases with the goals and objectives implemented in all facilities in the order specified in this subsection (1); except that the goal and objective stated in subsection (1)(a) of this section must be implemented in all correctional facilities no later than July 1, 1991, and the entire program must be completely implemented in all correctional facilities no later than July 1, 1992. The program shall continue to operate instructional services currently offered in correctional facilities until such services are incorporated in or replaced by instructional services offered under the correctional education program. The correctional education program must encompass the following goals and objectives: (a) First, to ensure that every inmate in a correctional facility shall receive appropriate academic services mandated by federal or state statutes, regulations, or orders; Colorado Revised Statutes 2019 Page 207 of 226 Uncertified Printout (b) Second, to ensure that every person in a correctional facility who has an expectation of release from custody within five years and lacks basic and functional literacy skills receive adult basic education instruction in accordance with the provisions of subsection (3) of this section; (c) Third, to provide every person in a correctional facility who has an expectation of release from custody within five years with the opportunity to achieve functional literacy, specifically the ability to read and write the English language and the ability to perform routine mathematical functions prior to his or her release; (d) Fourth, to provide every person in a correctional facility who has an expectation of release from custody within five years and who has demonstrated the intellectual capacity with the opportunity to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S. A person who wishes to receive a standard high school diploma must meet the graduation requirements established by the school district where he or she was last enrolled or pass the high school equivalency examination. To be eligible to receive credit for completion of a course required for the receipt of a high school diploma, a person must satisfy the requirements for the course as established by the school district where he or she was last enrolled. (e) Fifth, to ensure that every person in a correctional facility who has an expectation of release from custody within five years has an opportunity to acquire at least entry-level marketable vocational skills in one or more occupational fields for which there is a demonstrable demand in the economy of this state; (f) Sixth, to ensure that every person in a correctional facility be released possessing life management skills which will allow him to function successfully in a free society; (g) Seventh, to provide every person in a correctional facility who demonstrates collegelevel aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. Costs for such programs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships; or by such persons themselves; or through any combination of such funding. (2) The correctional education program developed pursuant to subsection (1) of this section shall provide that training in the fundamentals of personal health be an integral part of all instructional services offered in such program. Such training shall include instruction in personal hygiene, general health, and substance abuse education. The program shall also provide courses of instruction in the evening in order to accommodate those persons in work programs. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), any person in a correctional facility who lacks basic and functional literacy skills, as determined through the use of a literacy test approved by the state board of education, shall be required to complete sequential course work sufficient to allow the inmate to pass a competency test or the test of general education development or both. If a composite test score of functional literacy is not attained, the program may require the inmate to continue to receive adult basic education instruction. (b) A person in a correctional facility who lacks basic and functional literacy skills shall be required to attend adult basic education instruction unless such person: (I) Is serving a life sentence or is under sentence of death; (II) Is specifically exempted by the program from participation for security or health reasons; Colorado Revised Statutes 2019 Page 208 of 226 Uncertified Printout (III) Is housed at a community correctional facility; (IV) Is determined, through testing, to have attained a functional literacy level; (V) Is, because of a disability, at a maximum level of proficiency; (VI) Refuses, in writing, to participate in adult basic education instruction; or (VII) Fails to make "positive progress" after a minimum of twenty hours. (4) This section shall not affect the eligibility of any person for educational training programs, vocational programs, or other programs expressly created under federal or state statutes, regulations, or orders. (5) On or before December 31, 2010, the department shall develop a plan for each educational or vocational program offered pursuant to this article to meet the following performance objectives: (a) The department is encouraged to use a vocational skills assessment to determine the vocational needs of each offender who is eligible to participate in a vocational program. To the extent practicable, the department shall assign each such offender to a vocational program based on this assessment. (b) The program shall use a curriculum or a set of training practices that is: (I) Approved by the department of education created in section 24-1-115, C.R.S., or the state board for community colleges and occupational education created in section 23-60-104, C.R.S.; or (II) Described as part of an agreement or contract entered into pursuant to section 17-32106 (1)(b). (c) The program shall provide offenders training and competency in marketable skills that are relevant and likely to be in demand in the workplace as determined by data provided to the department by the department of labor and employment pursuant to subsection (6) of this section. (6) On or before October 1, 2010, and on or before October 1 of each year thereafter, the department of labor and employment created in section 24-1-121, C.R.S., shall provide the department with data on current market trends and labor needs in Colorado to assist the department in providing educational and vocational programs that satisfy the performance objective described in paragraph (c) of subsection (5) of this section. (7) When considering an offender for transfer, the department shall take the offender's enrollment in an educational or vocational program into consideration unless the offender is granted parole or is placed into a community corrections program pursuant to article 27 of this title. If the department transfers an offender enrolled in an educational or vocational program to another facility, the department is encouraged to give the offender priority for placement in a comparable educational or vocational program if such a program exists at the facility. (8) The department shall annually report the following information concerning educational and vocational programs offered pursuant to this article: (a) A list of the specific programs offered at each state-operated facility and private prison that houses offenders on behalf of the department; (b) The number of instructors and the number of instructor vacancies, by program and facility; (c) The annual capacity of each program; Colorado Revised Statutes 2019 Page 209 of 226 Uncertified Printout (d) The annual enrollment of each program, including the number of offenders who were placed on a waiting list for the program and the average length of time spent on the waiting list by each such offender; (e) The number of offenders who successfully completed each program in the previous fiscal year; (f) The number of offenders who enrolled in each program but failed to successfully complete the program in the previous fiscal year, including for each such offender the reason for the offender's noncompletion; (g) The percentage of parolees who are employed full-time, employed part-time, or unemployed at the end of the previous fiscal year; (h) A summary of the results of any program evaluations or cost-benefit analyses performed by the department; and (i) The total amount of state and federal funding allocated by the department during the most recently completed fiscal year for vocational and educational programs, including information concerning the allocation of each source of funding and the amount of funding received by each program. Source: L. 90: Entire article added, p. 973, § 1, effective July 1. L. 93: (3)(b)(V) amended, p. 1634, § 17, effective July 1. L. 2000: IP(1), (1)(a), (3)(a), and (3)(b)(II) amended, pp. 850, 859, §§ 55, 72, effective May 24. L. 2009: (1)(g) amended, (HB 09-1264), ch. 117, p. 494, § 1, effective August 5. L. 2010: IP(1), (1)(b), (1)(c), (1)(d), (1)(e), and (4) amended and (5), (6), (7), and (8) added, (HB 10-1112), ch. 57, p. 206, § 3, effective August 11. L. 2011: (5)(c) amended, (HB 11-1303), ch. 264, p. 1157, § 31, effective August 10. L. 2014: IP(1) and (1)(d) amended, (SB 14-058), ch. 102, p. 378, § 4, effective April 7. L. 2018: IP(1) and (1)(g) amended, (HB 18-1437), ch. 399, p. 2363, § 1, effective August 8. 17-32-106. Powers and duties of the program. (1) In connection with the development and implementation of the correctional education program, the program shall have the following powers and duties: (a) To promulgate rules and regulations necessary to implement the correctional education program; (b) To enter into agreements and contracts with school districts, charter schools, nonpublic schools, community colleges, local district colleges, state colleges and universities, trade unions, private occupational schools, private businesses, the department of labor and employment created in section 24-1-121, C.R.S., state and local government agencies, and private agencies as may be deemed appropriate for the purpose of providing instructional services necessary to implement the correctional education program. Agreements and contracts for the provision of instructional services shall expressly state the educational goals and objectives of the program and the specific requirements for instructional services. (b.5) To sell goods and services pursuant to the provisions of section 17-32-108; (c) To submit a budget request for the correctional education program for inclusion in the budget request for the department as a separate line item. Such line item shall be the department's total budget request for correctional education funding from the general fund and shall replace or include any such previous request for instructional or educational funding. Such budget request shall itemize the amount of the budget to be funded from the general fund of the Colorado Revised Statutes 2019 Page 210 of 226 Uncertified Printout state and the amount to be funded from moneys in the correctional education program fund created in section 17-32-107. No other funds from the general assembly shall be allocated to the department for any education program. (d) To accept moneys from the federal government as well as contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations and do all things necessary, not inconsistent with this article or any other laws of this state, in order to avail itself of such federal moneys under any federal legislation. All moneys accepted by the program shall be transmitted to the state treasurer for credit to the correctional education program fund. (e) To enter into agreements with state agencies, as appropriate, in order to receive any funding or moneys available for correctional education; (f) To expend moneys appropriated to the program by the general assembly, including moneys in the correctional education program fund, for the purpose of implementing the correctional education program; (g) Repealed. (h) To enter into negotiations with the department of human services for the purpose of coordinating and offering education services to juveniles in the custody of that department. The executive directors of the departments of corrections and human services shall each submit a proposed plan to the governor and general assembly, no later than January 1, 1992, for integrating such juveniles into the correctional education program. (i) To exercise any other powers or perform any other duties that are consistent with the purposes for which the program was created and that are reasonably necessary for the fulfillment of the program's responsibilities under this article. Source: L. 90: Entire article added, p. 975, § 1, effective July 1. L. 94: (1)(h) amended, p. 2654, § 135, effective July 1. L. 96: (1)(g) repealed, p. 1266, § 183, effective August 7. L. 2000: IP(1), (1)(d), (1)(f), and (1)(i) amended, p. 851, § 56, effective May 24. L. 2010: (1)(b) amended, (HB 10-1112), ch. 57, p. 208, § 4, effective August 11. L. 2016: (1)(b.5) added, (SB 16-099), ch. 89, p. 249, § 2, effective April 14. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in SB 16-099, see section 1 of chapter 89, Session Laws of Colorado 2016. 17-32-107. Correctional education program fund. There is created in the state treasury the correctional education program fund, which shall be administered by the program, and that consists of all moneys received by the program from the federal government, from the sale of goods or services by the program, and from contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations. The moneys in the fund are subject to annual appropriation by the general assembly to the program for the purpose of developing and implementing a correctional education program. Any moneys not appropriated or not expended at the end of the fiscal year remain in the fund and shall not be transferred to or revert to the general fund of the state. Any interest earned on the investment or deposit of moneys in the fund remains in the fund and shall not be credited to the general fund of the state. Colorado Revised Statutes 2019 Page 211 of 226 Uncertified Printout Source: L. 90: Entire article added, p. 976, § 1, effective July 1. L. 2000: Entire section amended, p. 851, § 57, effective May 24. L. 2016: Entire section amended, (SB 16-099), ch. 89, p. 250, § 4, effective April 14. Cross references: For the legislative declaration in SB 16-099, see section 1 of chapter 89, Session Laws of Colorado 2016. 17-32-108. Sale of goods and services. (1) (a) The correctional education program is authorized to sell goods and services to inmates, invited guests, employees of the department, governmental agencies, or nonprofit organizations only if the provision of the goods or services offers a valuable educational experience for inmates and fulfills the goals and objectives of the program. (b) The department shall adopt procedures for hearing complaints of unfair competition by privately owned businesses. If a privately owned business makes a complaint of unfair competition in relation to the activities of the correctional education program, the department shall hold a hearing on the complaint. The executive director or his or her designee shall hear the complaint, and the decision of the director or designee is final. As part of the report required by section 17-32-105 (8), the department shall report the number of complaints filed pursuant to this paragraph (b) and the outcome of the complaints. (2) (a) The program shall fix and determine the prices at which all labor is performed and at which all goods and services produced are sold. Such prices must be as near to the prevailing market prices for goods and services of similar quality as is practical or goods and services sold through the Colorado community college system pursuant to section 24-113-104, C.R.S. (b) The program shall ensure that the level of quality of goods and services produced is comparable to similar goods and services available from the private sector or the Colorado community college system. The sale of such goods or services shall not give rise to any warranties. No refund or replacement shall be made after ninety days from the date of the sale. (c) The correctional education program shall transmit all revenues collected by the program from the sale of goods or services to the state treasurer for deposit in the correctional education program fund, created pursuant to section 17-32-107. Source: L. 2016: Entire section added, (SB 16-099), ch. 89, p. 250, § 3, effective April 14. Cross references: For the legislative declaration in SB 16-099, see section 1 of chapter 89, Session Laws of Colorado 2016. ARTICLE 33 Reentry Program 17-33-101. Reentry planning and programs for adult parole - grant program - rules - reports - repeal. (1) The department shall administer appropriate programs for offenders prior to and after release to assist offenders with reentry into society based upon the assessed need as Colorado Revised Statutes 2019 Page 212 of 226 Uncertified Printout determined by the executive director and suitability of individual offenders for such services. The department shall administer the reentry programs in collaboration with the division of adult parole in the department and the youthful offender system in the department. (2) The department shall design the reentry program to reduce the possibility of each offender returning to prison, to assist each offender in rehabilitation, and to provide each offender with life management skills that allow him or her to function successfully in society. (3) On and after July 1, 2014, the department shall develop and implement initiatives within the department specifically designed to decrease recidivism, enhance public safety, and increase each offender's chances of achieving success upon his or her release to the community. (4) Subject to appropriations, on and after July 1, 2014, the department shall develop and implement initiatives specifically designed to assist offenders in a correctional facility to prepare for release to the community. An initiative developed and implemented pursuant to this subsection (4) may include, but need not be limited to, the following components: (a) Enhanced case management capabilities to allow case managers the ability to create individualized institutional case plans that help address the offender's assessed risks and needs; (b) Pre-release specialists to develop pre-release plans and programs for offenders; (c) The assignment of community parole officers to facilities so that each offender has an understanding of the expectations of community supervision, available services, and parole; and (d) Transportation for high-risk and high-needs offenders, as defined by the department, who are being released from a correctional facility to a community parole office, to help provide effective supervision, enhance public safety, and expedite critical services. (5) Subject to appropriations, on and after July 1, 2014, the department shall develop and implement initiatives specifically designed to assist each offender's transition from a correctional facility into the community. An initiative developed and implemented pursuant to this subsection (5) may include, but need not be limited to, the following components: (a) An evidence-based cognitive behavioral program for offenders; (b) Community-based mental health consultants to provide assistance with case planning and to consult with and train community parole officers concerning how to secure appropriate and available mental health services for parolees in the community; (c) In collaboration with the state department of labor and employment created in section 24-1-121, C.R.S., or any other employment or job training program within the community, initiatives to help offenders in the community obtain employment, job placement, or training; (d) Reentry specialists to help offenders successfully reenter the community; (e) Consolidation and expansion of emergency assistance contract funding to effectively provide assistance to parolees in the community; and (f) A program to provide medication-assisted therapies to eligible offenders. (6) Subject to appropriations, on and after July 1, 2014, the department shall make necessary operational enhancements and develop and implement initiatives specifically designed to ensure that the department has the proper equipment, training, and programs to properly supervise offenders in the community to enhance public safety. An initiative developed and implemented pursuant to this subsection (6) may include, but need not be limited to, the following components: (a) A comprehensive staff training program that: (I) Is consistent with research and evidence-based practices; Colorado Revised Statutes 2019 Page 213 of 226 Uncertified Printout (II) Enhances basic training and provides annual in-service training for community parole officers and staff; and (III) Creates staff development within the division of adult parole so that the division will effectively supervise offenders through successful reintegration; (b) Acquisition of equipment and resources that will effectively monitor and respond to tampering and other alerts released by electronic monitoring units; (c) Establishment of an equipment replacement plan for enhanced community parole officer safety; and (d) Enhancements to parole information technology and parolee tracking systems. (7) (a) Subject to appropriations, on and after January 1, 2015, the department shall develop and implement a grant program to provide funding to eligible community-based organizations that provide reentry services to people on parole or inmates transitioning through community corrections. The department shall administer the grant program in accordance with policies developed by the executive director pursuant to subsection (7)(b) of this section. (b) On or before January 1, 2015, the executive director shall develop policies for the administration of the grant program, including but not limited to the following: (I) A process for determining eligibility criteria for a community-based organization, including but not limited to a community-based organization that serves as an intermediary on behalf of a collaboration of eligible community-based organizations, to receive a grant from the grant program; (II) A process and timeline whereby a community-based organization may apply for a grant from the grant program; (III) A process for determining the amount of each grant that is awarded to an eligible community-based organization; (IV) A process for establishing data-reporting requirements for each eligible communitybased organization that receives a grant from the grant program; and (V) A process for determining the maximum amount of moneys that an eligible community-based organization may receive from the grant program in a single fiscal year. (c) In developing policies for the administration of the grant program pursuant to paragraph (b) of this subsection (7), the executive director may require that staff members of an eligible community-based organization seeking funding from the grant program must submit to a criminal background check before an award decision is made. However, the executive director may not exclude a community-based organization from receiving grant moneys solely because one or more staff members of the community-based organization has a criminal record. If the executive director determines that one or more staff members of an applicant eligible community-based organization has a criminal record, he or she shall consider the factors described in section 24-5-101 (4), C.R.S., before deciding whether to award grant moneys to the community-based organization. (d) The executive director, or his or her designee, shall make the final decision whether to award or deny a grant from the grant program. (e) In awarding grants from the grant program each fiscal year, the department: (I) Shall release as much as one quarter of the amount annually appropriated to the grant program to the intermediary described in subsection (7)(b)(I) of this section at the beginning of each fiscal year. The intermediary shall determine how much of this amount is awarded to each Colorado Revised Statutes 2019 Page 214 of 226 Uncertified Printout community partner as an advance portion of grant money to be awarded to the community partner. (II) Shall not award any grant money in excess of the amount in the fund. (f) The department shall expand the grant program in the 2018-2019 fiscal year to maximize the total number of grantees; add grantees in underserved communities, especially in rural areas; and add one or more grantees that specialize in serving the reentry needs of women offenders. (f.5) (I) The community-based reentry services cash fund, referred to in this subsection (7) as the "fund", is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund. (II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (III) Money in the fund is continuously appropriated to the department for the grant program developed pursuant to this subsection (7). (IV) (A) As soon as practicable after July 1, 2019, and July 1, 2020, the treasurer shall transfer from the general fund to the fund any unexpended or unencumbered money appropriated as of June 30, 2019, and June 30, 2020, to the department for the grant program developed pursuant to this subsection (7). (B) This subsection (7)(f.5)(IV) is repealed, effective July 1, 2021. (V) The state treasurer shall transfer all unexpended and unencumbered money in the fund on September 1, 2023, to the general fund. (g) This subsection (7) is repealed, effective September 1, 2023. Before its repeal, the department of regulatory agencies shall review the grant program in accordance with section 2434-104. (8) Repealed. Source: L. 2004: Entire article added, p. 448, § 1, effective April 13. L. 2014: Entire section amended, (HB 14-1355), ch. 350, p. 1570, § 1, effective June 6. L. 2016: (7)(f) amended, (HB 16-1192), ch. 83, p. 234, § 15, effective April 14. L. 2017: (8) amended, (SB 17-031), ch. 92, p. 282, § 8, effective August 9. L. 2018: (7)(a), (7)(e), and (7)(f) amended and (7)(g) added, (HB 18-1176), ch. 321, p. 1926, § 2, effective May 30. L. 2019: (7)(e)(II) amended and (7)(f.5) added, (SB 19-064), ch. 179, p. 2036, § 1, effective May 14. Editor's note: Subsection (8)(b) provided for the repeal of subsection (8), effective January 2, 2019. (See L. 2017, p. 282.) Cross references: For the legislative declaration in HB 18-1176, see section 1 of chapter 321, Session Laws of Colorado 2018. ARTICLE 34 Specialized Program For Juveniles Convicted As Adults Colorado Revised Statutes 2019 Page 215 of 226 Uncertified Printout Cross references: For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016. 17-34-101. Juveniles who are convicted as adults in district court - eligibility for specialized program placement - petitions. (1) (a) Notwithstanding any other provision of law, an offender serving a sentence in the department for a felony offense as a result of the filing of criminal charges by an information or indictment pursuant to section 19-2-517, or the transfer of proceedings to the district court pursuant to section 19-2-518, or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, and who remains in the custody of the department for that felony offense may petition for placement in the specialized program described in section 17-34-102, referred to within this section as the "specialized program", as follows: (I) If the felony of which the person was convicted was not murder in the first degree, as described in section 18-3-102, then the offender may petition for placement in the specialized program after serving twenty years of his or her sentence if he or she: (A) Has not been released on parole; (B) Has not been convicted of unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; (C) Is not in a treatment program within the department for a serious behavioral or mental health disorder; (D) Has obtained, at a minimum, a high school diploma or has successfully passed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S.; (E) Has participated in programs offered to him or her by the department and demonstrated responsibility and commitment in those programs; (F) Has demonstrated positive growth and change through increasing developmental maturity and quantifiable good behavior during the course of his or her incarceration; and (G) Has accepted responsibility for the criminal behavior underlying the offense for which he or she was convicted. (II) If the felony of which the person was convicted was murder in the first degree, as described in section 18-3-102 (1)(b) or (1)(d), C.R.S., then the offender may petition for placement in the specialized program after serving twenty years of his or her sentence if he or she satisfies the criteria described in sub-subparagraphs (A), (B), (C), (D), (E), (F), and (G) of subparagraph (I) of this paragraph (a). (III) If the felony of which the person was convicted was murder in the first degree, as described in section 18-3-102, C.R.S., but was not murder in the first degree, as described in section 18-3-102 (1)(b) or (1)(d), C.R.S., then the offender may petition for placement in the specialized program after serving twenty-five years of his or her sentence if he or she satisfies the criteria described in sub-subparagraphs (A), (B), (C), (D), (E), (F), and (G) of subparagraph (I) of this paragraph (a). (b) An offender who is described in paragraph (a) of this subsection (1) may apply for placement in the specialized program notwithstanding his or her sentence or parole eligibility date. (2) Upon receiving a petition from an offender described in subsection (1) of this section, the executive director or his or her designee shall review the petition and determine Colorado Revised Statutes 2019 Page 216 of 226 Uncertified Printout whether to place the offender in the specialized program. In making this determination, the executive director or his or her designee shall consider the following criteria: (a) The nature of the offense and the circumstances surrounding the offense, including the extent of the offender's participation in the criminal conduct; (b) The age and maturity of the offender at the time of the offense; (c) The behavior of the offender in any institution for the duration of his or her sentence, including consideration of any violations of the inmate code of conduct and dates of the violations or, in the alternative, the lack of any such violations; (d) The assessed risk and needs of the offender; (e) The impact of the offense on any victim and any victim's immediate family member; and (f) Any other factor determined to be relevant by the executive director or his or her designee in assessing and making a determination regarding the offender's demonstrated rehabilitation. (3) The department may make restorative justice practices, as defined in section 18-1901 (3)(o.5), C.R.S., available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article 4.1 of title 24, C.R.S. (4) (a) If after review of an offender's petition, the executive director or his or her designee determines that the offender is an appropriate candidate for placement in the specialized program, the department shall place the offender in the specialized program as soon as practicable. (b) Any victim or victim's immediate family member, as defined in section 24-4.1-302 (5) and (6), C.R.S., has the right to be informed of the placement of an offender pursuant to sections 24-4.1-302.5 (1)(q) and 24-4.1-303 (14), C.R.S. (5) If the executive director or his or her designee denies an offender's petition for placement in the specialized program based on a determination that the offender is inappropriate for such placement after consideration of the criteria set forth in subsection (2) of this section, the offender may petition the executive director or his or her designee for placement in the specialized program not sooner than three years after the issuance of the denial. (6) The department shall develop policies and procedures for the preparation, submission, and review of petitions for placement of offenders in the specialized program, as described in this section. Source: L. 2016: Entire article added, (SB 16-180), ch. 352, p. 1439, § 2, effective August 10. L. 2017: IP(1)(a), IP(1)(a)(I), and (1)(a)(I)(C) amended, (SB 17-242), ch. 263, p. 1304, § 135, effective May 25. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-34-102. Specialized program for juveniles convicted as adults - report. (1) The department shall develop and implement a specialized program for offenders who have been sentenced to an adult prison for a felony offense committed while the offender was less than Colorado Revised Statutes 2019 Page 217 of 226 Uncertified Printout eighteen years of age as a result of the filing of criminal charges by an information or indictment pursuant to section 19-2-517, C.R.S., or the transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., or pursuant to either of these sections as they existed prior to their repeal and reenactment, with amendments, by House Bill 96-1005, and who are determined to be appropriate for placement in the specialized program. The department shall implement the specialized program within or in conjunction with a facility operated by, or under contract with, the department. (2) The specialized program must include components that allow an offender to experience placement with more independence in daily life, with additional work-related responsibilities and other program components that will assist and support the offender's successful reintegration into the community of offenders who have never lived independently or functioned in the community as an adult. The specialized program must also include best and promising practices in independent living skills development, reentry services for long-term offenders, and intensive supervision and monitoring. (3) The department shall not allow any participating offender to complete the specialized program in less than three years. (4) The department may make restorative justice practices, as defined in section 18-1901 (3)(o.5), C.R.S., available to any victim of any offender who petitions for placement in the specialized program, as may be appropriate, but only if requested by the victim and the victim has registered with the department of corrections requesting notice of victims' rights pursuant to the provisions of part 3 of article 4.1 of title 24, C.R.S. (5) Repealed. (6) (a) The department shall include in the specialized program rules of conduct for program participants and a policy whereby program participants who fail to comply with the rules of conduct are terminated from participation in the specialized program and returned to an appropriate prison placement. (b) An offender who is terminated from the specialized program may not re-petition for placement in the specialized program sooner than three years from the date of such termination. (7) Notwithstanding any provision of law, an offender who successfully completes the specialized program is eligible to apply for early parole pursuant to the provisions of section 1722.5-403 (4.5) or 17-22.5-403.7. (8) (a) Except as described in paragraph (b) of this subsection (8), if an offender has served at least twenty-five calendar years of his or her sentence and successfully completed the specialized program, unless rebutted by relevant evidence, it is presumed that: (I) The offender has met the factual burden of presenting extraordinary mitigating circumstances; and (II) The offender's release to early parole is compatible with the safety and welfare of society. (b) If an offender who committed murder in the first degree, as described in section 183-102 (1)(a), (1)(c), (1)(e), or (1)(f), C.R.S., has served thirty years of his or her sentence and successfully completed the program, unless rebutted by relevant evidence, the presumptions described in subparagraphs (I) and (II) of paragraph (a) of this subsection (8) apply. (9) On and after January 1, 2018, during its annual presentation before the joint judiciary committee of the general assembly, or any successor joint committee, pursuant to section 2-7203, C.R.S., the department shall include a status report regarding the progress and outcomes of Colorado Revised Statutes 2019 Page 218 of 226 Uncertified Printout the specialized program developed and implemented by the department pursuant to this section during the preceding year. The report, at a minimum, shall include: (a) A description of the specialized program, including the evidence-based and promising practices that are included in the specialized program; (b) The policies and procedures developed by the department to determine which eligible offenders may be placed in the specialized program; (c) The policies and procedures developed by the department to address the conduct of participants in the specialized program; (d) The location of the program and the number of beds available for specialized program participants; (e) The number of offenders selected to participate in the specialized program; the number of offenders who were denied placement in the specialized program, including the reasons for such denials; and the number of offenders who were removed from the specialized program and the reasons for their removal; (f) A summary concerning the staffing of the specialized program; (g) Information concerning the behavior patterns of the offenders in the specialized program; (h) The number of offenders who successfully completed the specialized program; (i) The number of specialized program participants who have been referred to the parole board for early parole; and (j) The number of specialized program participants who were granted early parole by the governor. Source: L. 2016: Entire article added, (SB 16-180), ch. 352, p. 1441, § 2, effective August 10. Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective December 1, 2017. (See L. 2016, p. 1441.) DIAGNOSTIC PROGRAMS ARTICLE 40 Colorado Diagnostic Program Editor's note: (1) Prior to the repeal and reenactment of this title in 1977, the substantive provisions of this article were contained in article 40 of title 27. (2) For additional historical information concerning the repeal and reenactment of this title, see the editor's note at the beginning of this title. 17-40-101. Definitions. As used in this article 40, unless the context otherwise requires: (1) "Correctional institution" means the correctional facilities at Cañon City, the correctional facilities at Buena Vista, or any other institution established for the rehabilitation of male or female offenders. Colorado Revised Statutes 2019 Page 219 of 226 Uncertified Printout (1.5) "Diagnostic center" means the diagnostic center located within the city and county of Denver. (2) "Diagnostic services" means diagnostic examination and evaluation programs, including medical and dental evaluations, psychological testing, and academic and vocational assessment. "Diagnostic services" also includes identification of special needs, such as protective custody, services for persons who have behavioral or mental health disorders or intellectual and developmental disabilities, and special arrangements for those deemed potentially disruptive to institutional safety and operation. (3) (Deleted by amendment, L. 94, p. 605, § 12, effective July 1, 1994.) (4) "Superintendent" means the administrative head of the diagnostic center. Source: L. 77: Entire title R&RE, p. 947, § 10, effective August 1. L. 78: (1.5) added and (4) amended, p. 357, § 3, effective April 27. L. 79: (1), (1.5), and (4) amended, p. 699, § 67, effective July 1. L. 86: (1.5) and (2) amended, p. 767, § 1, effective May 8. L. 94: (1.5), (3), and (4) amended, p. 605, § 12, effective July 1. L. 2006: (2) amended, p. 1399, § 48, effective August 7. L. 2017: IP and (2) amended, (SB 17-242), ch. 263, p. 1304, § 136, effective May 25. Editor's note: This section is similar to former § 27-40-101 as it existed prior to 1977. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-40-102. Program established. (1) There is hereby established the Colorado diagnostic program, referred to in this article as the "program". (2) The primary function and purpose of the program shall be to provide a diagnostic examination and evaluation of all offenders sentenced by the courts of this state, so that each such offender may be assigned to a correctional institution or a program established pursuant to article 27.7 of this title which has the type of security and, to the extent possible, appropriate programs of education, employment, and treatment available, which are designed to accomplish maximum rehabilitation of such offender and to prepare an offender for placement into as productive an employment as possible following imprisonment. Source: L. 77: Entire title R&RE, p. 948, § 10, effective August 1. L. 78: (2) amended, p. 357, § 4, effective April 27. L. 90: (2) amended, p. 965, § 2, effective June 7. Editor's note: This section is similar to former § 27-40-102 as it existed prior to 1977. 17-40-103. Examination of offenders - report. (1) As soon as possible after July 1, 1974, each offender entering the diagnostic center shall receive appropriate diagnostic services, and each offender's treatment and employment needs shall be identified. Information provided pursuant to section 17-40-104 shall be considered in structuring the rehabilitation program. An offender shall be assigned to the assessment program for a period not to exceed sixty days; except that an offender may be held for an additional thirty days upon approval of the executive director. Upon completion of the recommended rehabilitation report, it shall be transmitted by Colorado Revised Statutes 2019 Page 220 of 226 Uncertified Printout the superintendent to the executive director, who, within fifteen days, shall cause the offender to be: (a) Assigned to a correctional institution or to a program established pursuant to article 27.7 of this title, unless otherwise prohibited by law, based upon the examination and study of the offender; or (b) Upon order of the court, returned to the court for the purpose of granting probation or other modification of sentence. (2) A copy of the recommended rehabilitation report shall be shown and explained to the offender upon request; except that the executive director may withhold any information he deems to be detrimental to the rehabilitation of the offender. (3) Nothing in this section shall be construed to restrict or deny the power of the court to grant an application for postconviction review pursuant to section 18-1-410, C.R.S. Source: L. 77: Entire title R&RE, p. 948, § 10, effective August 1. L. 78: IP(1) amended, p. 357, § 5, effective April 27. L. 90: (1)(a) amended, p. 965, § 3, effective June 7. L. 94: IP(1) amended, p. 605, § 13, effective July 1. L. 97: IP(1) amended, p. 27, § 4, effective March 20. Editor's note: This section is similar to former § 27-40-103 as it existed prior to 1977. Cross references: For the requirement that sentenced persons be confined in the diagnostic center, see § 16-11-308 (2). 17-40-104. Responsibility to the program of court imposing sentence. Before or at the same time any offender is transported to the diagnostic center, the sentencing court shall transmit to the superintendent of the program any available presentence report, offense report, or diagnostic or clinical information and any recommendation the court may deem appropriate. Source: L. 77: Entire title R&RE, p. 948, § 10, effective August 1. L. 78: Entire section amended, p. 357, § 6, effective April 27. L. 79: Entire section amended, p. 700, § 68, effective July 1. L. 94: Entire section amended, p. 605, § 14, effective July 1. Editor's note: This section is similar to former § 27-40-104 as it existed prior to 1977. 17-40-105. Appointment of personnel to the program. Subject to the provisions of section 13 of article XII of the state constitution, the executive director shall appoint the superintendent. The superintendent shall appoint such supervisors, psychiatrists, psychologists, social workers, correctional specialists, and other officers and employees as are deemed necessary. No inmate of any correctional institution shall be appointed to any task directly involved with the diagnostic services provided by the program. This shall not prohibit tasks performed by inmates in custodial capacities and food service duties and similar tasks approved by the executive director. Colorado Revised Statutes 2019 Page 221 of 226 Uncertified Printout Source: L. 77: Entire title R&RE, p. 948, § 10, effective August 1. L. 78: Entire section amended, p. 358, § 7, effective April 27. L. 94: Entire section amended, p. 606, § 15, effective July 1. Editor's note: This section is similar to former § 27-40-105 as it existed prior to 1977. 17-40-106. Responsibilities of the superintendent. (1) The superintendent shall be responsible for the administration of diagnostic services and the supervision of the employees of the program. (2) The superintendent shall be responsible for the management, control, regulation, and operation of the physical facilities and for the reception, discipline, and confinement of all offenders. (3) The superintendent or superintendent's designee shall separate all offenders in the diagnostic program from the offenders in the correctional institution. (4) (a) The superintendent may implement a behavioral or mental health disorder screening program to screen offenders entering the diagnostic center. If the superintendent chooses to implement a behavioral or mental health disorder screening program, the superintendent shall use the standardized screening instrument developed pursuant to section 1611.9-102 and conduct the screening in accordance with procedures established pursuant to said section. (b) Prior to implementation of a behavioral or mental health disorder screening program pursuant to this subsection (4), if implementation of the program would require an increase in appropriations, the superintendent shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health disorder screening program. If implementation of the behavioral or mental health disorder screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request. Source: L. 77: Entire title R&RE, p. 949, § 10, effective August 1. L. 78: (2) and (3) amended, p. 358, § 8, effective April 27. L. 94: (1) and (3) amended, p. 606, § 16, effective July 1. L. 2002: (4) added, p. 574, § 3, effective May 24. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1304, § 137, effective May 25. Editor's note: This section is similar to former § 27-40-106 as it existed prior to 1977. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 17-40-107. Transfer of prisoners for examination - assignment. The executive director may transfer any offender to the program for study and examination and, upon completion thereof, shall cause the offender to be assigned pursuant to this article. Source: L. 77: Entire title R&RE, p. 949, § 10, effective August 1. Editor's note: This section is similar to former § 27-40-107 as it existed prior to 1977. Colorado Revised Statutes 2019 Page 222 of 226 Uncertified Printout ARTICLE 41 Colorado Prerelease Program 17-41-101 to 17-41-104. (Repealed) Editor's note: (1) Section 17-41-104 provided for the repeal of this article, effective July 1, 1984. (See L. 81, p. 968.) (2) This article was added in 1981. For amendments to this article prior to its repeal in 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. MISCELLANEOUS PROVISIONS ARTICLE 42 Miscellaneous Provisions 17-42-101. Freedom of worship. (1) All persons who are confined to a correctional facility as defined in section 17-1-102 shall have the right to worship according to the dictates of their consciences, and such persons shall be afforded a reasonable opportunity to freely exercise their religious beliefs without fear of retaliation or discrimination for the free exercise thereof. The practice of religion by any particular sect may not be curtailed or prohibited unless such practices threaten the reasonable security interests of the correctional facility. (2) Upon the request of any inmate, and to the extent practicable and consistent with reasonable security considerations, religious facilities shall be made available in a nondiscriminatory manner. Services shall be held and advice and ministration given within the buildings or grounds of the correctional facility where the inmate is confined. Attendance at any services so provided shall be voluntary. (3) The department shall permit access to objects of a religious nature where possession of such objects would not unduly burden the reasonable security interests of the correctional facility. Prison officials shall accord appropriate respect for sacred objects. When the reasonable security interests of the correctional facility necessitate the inspection of any sacred object, such inspection shall be done visually. (4) In order to provide for and attend to the spiritual needs of inmates, the department shall permit inmates to consult with and receive spiritual advice and ministration from a spiritual leader. (5) This section shall not require the department of corrections to construct additional facilities, remodel or reconfigure existing structures, or hire additional employees to meet the directives of this section. Source: L. 92: Entire article added, p. 250, § 1, effective May 26. Colorado Revised Statutes 2019 Page 223 of 226 Uncertified Printout 17-42-102. American Indians - freedom of worship - definitions. (1) The general assembly hereby finds, determines, and declares that American Indian religions and religious beliefs predate the creation of the United States constitution; however, understanding of and respect for American Indian religious practices is not widespread among non-indigenous persons. The general assembly further finds that serious problems in the practice of religious freedom persist for the American Indian and particularly for American Indians who are incarcerated. Therefore, in order to protect this most basic freedom for American Indians who are incarcerated, traditional religious and ceremonial practices of American Indians should be permitted in correctional facilities to the extent that such practices do not impinge on the reasonable security interests of the correctional facilities to which such Indians are confined. (2) American Indians who are confined to a correctional facility as defined in section 171-102 and who practice an American Indian religion as defined in subsection (5) of this section shall have access on a regular basis to the following: (a) American Indian traditional spiritual leaders; (b) Items and materials utilized in religious ceremonies; and (c) American Indian religious facilities. (3) Access of American Indians to spiritual leaders, religious items and materials, and religious facilities shall be comparable to access to clergy, religious items and materials, and religious facilities which is afforded to inmates who practice Judeo-Christian religions. (4) The provisions of this section shall not be construed as requiring prison authorities to permit or prohibit access to peyote or American Indian religious sites. (5) For purposes of this section: (a) "American Indian" means an individual of aboriginal ancestry who is a member of an Indian tribe. "American Indian" includes any individual who is an Alaska native or any individual who is a native Hawaiian. (b) "American Indian religion" means any religion which is practiced by American Indians and the origin and interpretation of which is from a traditional American Indian culture or community. (c) "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska native village as defined in the "Alaska Native Claims Settlement Act", federal Public Law 92-203, as amended, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (d) "Native Hawaiian" means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the state of Hawaii. Source: L. 92: Entire article added, p. 251, § 1, effective May 26. Editor's note: Subsections (5)(b), (5)(c), and (5)(d), as enacted by Senate Bill 92-197, were relettered on revision in 2004 to conform with statutory alphabetization format. 17-42-103. Policies concerning inmates' use of telephones - excessive rates prohibited. In administering the use of telephones by inmates in any state or private prison facility, the department shall not receive any commission from the phone provider except as Colorado Revised Statutes 2019 Page 224 of 226 Uncertified Printout much as is necessary to pay for calling costs and the direct and indirect costs incurred by the department in managing the calling system. For the purposes of this provision, "direct and indirect costs incurred by the department in managing the calling system" includes costs related to the provision of security and monitoring systems by either the department or the phone provider. Source: L. 2015: Entire section added, (SB 15-195), ch. 279, p. 1145, § 2, effective August 5. 17-42-104. Inmates incarcerated in other states - notifications to victims required exceptions - definitions. (1) If the department determines that an inmate is eligible for relocation to a penal institution in another state pursuant to the "Interstate Corrections Compact", part 16 of article 60 of title 24, then not later than twenty-four hours after such determination, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence that: (a) Such a determination has been made; and (b) If the inmate is relocated, the department, pursuant to subsection (2) of this section, may be required to notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time. (2) If the department relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than fortyeight hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of one or more crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed for any period of time. (3) Subsection (2) of this section does not apply if any of the following factors apply and the prosecuting attorney confirms such fact in writing as described in subsection (4)(b) of this section: (a) The inmate is a witness and the executive director determines that disclosing the location of the inmate would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; (b) The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; (c) The registered victim is currently incarcerated; or (d) The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the location of the inmate poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. (4) (a) If the department relocates an inmate and the executive director determines that any factor described in subsection (3) of this section applies, then not later than forty-eight hours after such relocation, the department shall notify the prosecuting attorney: (I) That the inmate has been relocated; and (II) Which of the factors described in subsection (3) of this section the executive director has determined applies. Colorado Revised Statutes 2019 Page 225 of 226 Uncertified Printout (b) If the prosecuting attorney agrees with the executive director's determination that a factor described in subsection (3) of this section applies, then: (I) The prosecuting attorney shall confirm the executive director's determination in writing; (II) The department shall retain such written confirmation; and (III) The department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that the inmate has been relocated and the department is unable to disclose the inmate's location because one of the factors described in subsection (3) of this section applies. (c) (I) If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has thirty days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. (II) Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims, as described in subsection (2) of this section. Any hearing conducted for the purpose of this subsection (4)(c)(II) must be held in camera. (III) In an action brought pursuant to this subsection (4)(c), the parties are entitled to full discovery under the Colorado rules of civil procedure that are applicable to actions for declaratory judgment; except that the executive director is not required to disclose the location of the inmate pending the resolution of the civil action and any appeals. Any appeal of a judgment from an action brought under this subsection (4)(c) must be made pursuant to the rules of appellate procedure. (5) As used in this section, unless the context otherwise requires: (a) "Law enforcement officer" means a peace officer described in article 2.5 of title 16. (b) "Prosecuting attorney" means the office of the district attorney or other prosecutor who prosecuted an offender who was subsequently convicted and incarcerated. (c) "Registered victim" means a victim who has registered with the victims services unit within the department. (d) "Victim" has the same meaning as set forth in section 24-4.1-302 (5). (e) "Witness" has the same meaning as set forth in section 24-4.1-302 (7). Source: L. 2018: Entire section added, (SB 18-014), ch. 151, p. 946, § 2, effective April 23. Cross references: For the legislative declaration in SB 18-014, see section 1 of chapter 151, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 226 of 226 Uncertified Printout
Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.