C.R.S. § 17-27.9-104 — CO Code / Title 17 / Article 27.9 / Section 17-27.9-104
17-27.9-104. Contracts with providers - amounts - loans
Status: in_force

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.

(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 17-27.9-102 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.
C.R.S. § 17-24-106.3 — CO Code / Title 17 / Article 24 / Section 17-24-106.3
17-24-106.3. Revenue bonds - authority - issuance - requirements - covenants
Status: in_force

17-24-106.3. Revenue bonds - authority - issuance - requirements - covenants. (1) (a) Subject to the prior approval of the correctional industries advisory committee acting by resolution in accordance with the provisions of section 17-24-104 (5) and from both houses of the general assembly acting either by bill or joint resolution, the division may, in accordance with the requirements of subsection (2) of this section, authorize and issue revenue bonds in an amount not to exceed one million dollars in the aggregate for expenses of the division.

(b) All bonds issued by the division shall provide that:

(I) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and

(II) The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the division for expenses as designated in such bond.

(2) Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the division shall advertise the sale in such manner as the general assembly authorizes by bill or joint resolution. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery.

(3) Notwithstanding any provisions of the law to the contrary, all bonds issued pursuant to this section are negotiable.

(4) Bonds issued under this section shall be valid and binding obligations, regardless of whether, prior to the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to serve in their official capacities.

(5) (a) Except as otherwise provided in a resolution authorizing bonds pursuant to the provisions of section 17-24-104 (5), all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor.

(b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.
C.R.S. § 17-1-130 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-130
17-1-130. Appropriation to comply with section 2-2-703 - HB 00-1201
Status: repealed

17-1-130. Appropriation to comply with section 2-2-703 - HB 00-1201. (Repealed)
C.R.S. § 17-22.5-307 — CO Code / Title 17 / Article 22.5 / Part 3 / Section 17-22.5-307
17-22.5-307. Consecutive or concurrent sentences - clarification of mittimus
Status: in_force

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.
C.R.S. § 17-1-168 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-168
17-1-168. Broadband infrastructure cash fund - created - repeal
Status: repealed

17-1-168. Broadband infrastructure cash fund - created - repeal. (1) (a) The broadband infrastructure cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (1)(b) of this section and any other money that the general assembly may appropriate, transfer, or require by law to be credited to the fund.

(b) On July 1, 2024, the state treasurer shall transfer four million five hundred seventy thousand seven hundred forty-one dollars from the general fund to the fund.

(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(3) Subject to annual appropriation by the general assembly, the department may expend money from the fund to install broadband infrastructure at the following correctional facilities:

(a) Denver reception and diagnostic center;

(b) Fremont correctional facility;

(c) Denver women's correctional facility;

(d) Buena Vista correctional complex; and

(e) San Carlos correctional facility.

(4) The state treasurer shall transfer all unexpended and unencumbered money in the fund on July 1, 2027, to the general fund.

(5) This section is repealed, effective July 1, 2027.
C.R.S. § 17-1-123 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-123
17-1-123. Appropriation to comply with section 2-2-703 - HB 98-1156
Status: repealed

17-1-123. Appropriation to comply with section 2-2-703 - HB 98-1156. (Repealed)
C.R.S. § 17-22.5-203 — CO Code / Title 17 / Article 22.5 / Part 2 / Section 17-22.5-203
17-22.5-203. Time of parole not considered when inmate is reincarcerated
Status: in_force

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.

(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.
C.R.S. § 17-1-104.6 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.6
17-1-104.6. Planning and review requirements - legislative intent
Status: in_force

17-1-104.6. Planning and review requirements - legislative intent. (1) The general assembly hereby finds and declares that the construction, expansion, renovation, or improvement of state-built and operated department of corrections facilities is a matter of statewide and not local concern. Therefore, the department, in authorizing and financing the construction, expansion, renovation, or improvement of its facilities, is exempt from regional, county, and local planning requirements, including those specified in section 30-28-110, C.R.S., and those authorized by section 29-20-104, C.R.S.

(2) Notwithstanding the provisions of subsection (1) of this section, whenever the department plans to locate a new corrections facility or expand an existing corrections facility, the department shall submit facility program plans to the governing body of the county or municipality in which the facility is proposed to be located or expanded and afford the governing body an opportunity for advisory review of such plans.

(3) The intent of the general assembly in enacting this section is to clarify the meaning of current law concerning regional, county, and local planning requirements and to clarify that the general assembly never intended to require the department to submit plans to authorize or construct its facilities for approval by local, county, or regional planning authorities. Accordingly, this section is intended to apply to causes of action pending on or filed on or after July 1, 1996.
C.R.S. § 17-40-101 — CO Code / Title 17 / Article 40 / Section 17-40-101
17-40-101. Definitions
Status: in_force

17-40-101. Definitions. As used in this article 40, unless the context otherwise requires:

(1) "Brain injury" has the same meaning as set forth in section 26-1-301 (1.5).

(1.3) "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.

(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.
C.R.S. § 17-1-141 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-141
17-1-141. Appropriation to comply with section 2-2-703 - HB 02-1396
Status: repealed

17-1-141. Appropriation to comply with section 2-2-703 - HB 02-1396. (Repealed)
C.R.S. § 17-20-102 — CO Code / Title 17 / Article 20 / Section 17-20-102
17-20-102. Administration of correctional facilities - wardens - reports
Status: in_force

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.
C.R.S. § 17-27.9-103 — CO Code / Title 17 / Article 27.9 / Section 17-27.9-103
17-27.9-103. Offenders who may be sentenced to the specialized restitution and community serv
Status: repealed

17-27.9-103. Offenders who may be sentenced to the specialized restitution and community service program. (Repealed)
C.R.S. § 17-1-113.3 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.3
17-1-113.3. Telemedicine - study - report - repeal
Status: repealed

17-1-113.3. Telemedicine - study - report - repeal. (Repealed)
C.R.S. § 17-30-101 — CO Code / Title 17 / Article 30 / Section 17-30-101
17-30-101. Interdepartmental cooperation concerning offenders
Status: repealed

17-30-101. Interdepartmental cooperation concerning offenders. (Repealed)
C.R.S. § 17-22.5-303.3 — CO Code / Title 17 / Article 22.5 / Part 3 / Section 17-22.5-303.3
17-22.5-303.3. Violent offenders - parole
Status: in_force

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, but before January 1, 2025, 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) apply.

(1.5) Any person convicted for second degree murder; first degree assault; class 2 felony kidnapping; sexual assault under part 4, article 3 of title 18; first degree arson; first degree burglary; or aggravated robbery, committed on or after January 1, 2025, shall be eligible for parole after such person has served eighty-five percent of the sentence imposed upon such person. Thereafter, the provisions of section 17-22.5-303 (6) and (7) apply.

(2) Any person convicted for a crime committed before January 1, 2025, 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) apply.

(2.5) Any person convicted and sentenced for a crime committed on or after January 1, 2025, for any crime enumerated in subsection (1.5) of this section, who has twice previously been convicted for a crime of violence, shall begin parole after he has served the full sentence imposed. Thereafter, the provisions of section 17-22.5-303 (6) and (7) 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.
C.R.S. § 17-1-114 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-114
17-1-114. Pool of funds - continuance of community supervision
Status: in_force

17-1-114. Pool of funds - continuance of community supervision. There is hereby created in the state treasury a fund to be known as the community supervision supplemental fund, which shall consist of moneys appropriated by the general assembly. All moneys in the fund shall be subject to withdrawal by the department of corrections, the judicial department, or the department of public safety for the purpose of continuing community supervision, such as parole supervision, probation supervision, community corrections programs, or home electronic monitoring over offenders who would otherwise be removed to secure custody due to lack of resources. Such moneys may be withdrawn upon a request by the department of corrections, the judicial department, or the department of public safety which is made to the director of the office of state planning and budgeting. The director of the office of state planning and budgeting, in consultation with the joint budget committee, shall approve or disapprove the request made by each department and budget the amount of such request. Any withdrawal approved by the director of the office of state planning and budgeting shall be dispersed to the department making the request.
C.R.S. § 17-18-113 — CO Code / Title 17 / Article 18 / Section 17-18-113
17-18-113. Appropriation to comply with section 2-2-703 - SB 14-092 - repeal
Status: repealed

17-18-113. Appropriation to comply with section 2-2-703 - SB 14-092 - repeal. (Repealed)
C.R.S. § 17-26.5-102 — CO Code / Title 17 / Article 26.5 / Section 17-26.5-102
17-26.5-102. Contracts for multijurisdictional jails - requirements
Status: reserved

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.
C.R.S. § 17-27.9-102 — CO Code / Title 17 / Article 27.9 / Section 17-27.9-102
17-27.9-102. Specialized restitution and community service programs - contract with treatment
Status: in_force

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 in 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 behavioral health administration 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;

(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.
C.R.S. § 17-1-116 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-116
17-1-116. Corrections expansion reserve fund
Status: in_force

17-1-116. Corrections expansion reserve fund. There is hereby created in the state treasury the corrections expansion reserve fund. Moneys in the fund shall be subject to annual appropriation by the general assembly for the purpose of complying with the provisions of section 2-2-703, C.R.S., which requires that any bill which results in a net increase in periods of imprisonment in state correctional facilities provide for the funding of any increased capital construction costs or increased operating costs associated therewith. Any unexpended or unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert to or be transferred to the general fund or any other fund of the state.
C.R.S. § 17-27.5-103 — CO Code / Title 17 / Article 27.5 / Section 17-27.5-103
17-27.5-103. Confinement in county jail
Status: in_force

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.
C.R.S. § 17-32-101 — CO Code / Title 17 / Article 32 / Section 17-32-101
17-32-101. Short title
Status: in_force

17-32-101. Short title. This article shall be known and may be cited as the "Correctional Education Program Act of 1990".
C.R.S. § 17-28-103 — CO Code / Title 17 / Article 28 / Section 17-28-103
17-28-103. Victim-offender conferences - pilot program
Status: in_force

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 facility-specific 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.
C.R.S. § 17-26-138 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-138
17-26-138. Benefits assistance - legislative declaration - demonstration grant program - re
Status: repealed

17-26-138. Benefits assistance - legislative declaration - demonstration grant program - repeal. (Repealed)
C.R.S. § 17-28-102 — CO Code / Title 17 / Article 28 / Section 17-28-102
17-28-102. Establishment of restitution programs
Status: in_force

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.
C.R.S. § 17-20-111 — CO Code / Title 17 / Article 20 / Section 17-20-111
17-20-111. One continuous sentence
Status: repealed

17-20-111. One continuous sentence. (Repealed)
C.R.S. § 17-1-124 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-124
17-1-124. Appropriation to comply with section 2-2-703 - SB 98-021
Status: repealed

17-1-124. Appropriation to comply with section 2-2-703 - SB 98-021. (Repealed)
C.R.S. § 17-1-115 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-115
17-1-115. Investigators employed by the department - notification to local law enforcement
Status: repealed

17-1-115. Investigators employed by the department - notification to local law enforcement agencies. (Repealed)
C.R.S. § 17-26-128 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-128
17-26-128. Employment of county prisoners
Status: repealed

17-26-128. Employment of county prisoners. (Repealed)
C.R.S. § 17-27.9-106 — CO Code / Title 17 / Article 27.9 / Section 17-27.9-106
17-27.9-106. Executive director of department - authority to accept funds - cash fund created
Status: in_force

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.
C.R.S. § 17-26-108 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-108
17-26-108. County to support spouse - when
Status: in_force

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.
C.R.S. § 17-27-101 — CO Code / Title 17 / Article 27 / Section 17-27-101
17-27-101. Legislative declaration
Status: in_force

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.
C.R.S. § 17-27.7-103 — CO Code / Title 17 / Article 27.7 / Section 17-27.7-103
17-27.7-103. Regimented inmate training program - eligibility of offenders
Status: in_force

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.
C.R.S. § 17-20-116 — CO Code / Title 17 / Article 20 / Section 17-20-116
17-20-116. County or municipal roadwork
Status: repealed

17-20-116. County or municipal roadwork. (Repealed)
C.R.S. § 17-26-115 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-115
17-26-115. Trusty prisoners - good time
Status: repealed

17-26-115. Trusty prisoners - good time. (Repealed)
C.R.S. § 17-26-132 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-132
17-26-132. Joint jail commission - powers and duties
Status: repealed

17-26-132. Joint jail commission - powers and duties. (Repealed)
C.R.S. § 17-22.5-306 — CO Code / Title 17 / Article 22.5 / Part 3 / Section 17-22.5-306
17-22.5-306. Transfer of functions
Status: in_force

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.
C.R.S. § 17-18-127 — CO Code / Title 17 / Article 18 / Section 17-18-127
17-18-127. Appropriation to comply with section 2-2-703 - SB 19-172 - repeal
Status: repealed

17-18-127. Appropriation to comply with section 2-2-703 - SB 19-172 - repeal. (Repealed)
C.R.S. § 17-1-115.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-115.5
17-1-115.5. Prison sexual assault prevention program
Status: in_force

17-1-115.5. Prison sexual assault prevention program. (1) The department shall develop, with respect to sexual assaults that occur in correctional facilities operated by or pursuant to a contract with the department, policies and procedures to:

(a) Require disciplinary action for employees who fail to report incidences of sexual assault to the inspector general appointed pursuant to section 17-1-103.8;

(b) Require the inspector general or the department of corrections investigator, whichever is appropriate, after completing an investigation for sexual assault, to submit the findings to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

(c) Prohibit retaliation and disincentives for reporting sexual assaults;

(d) Provide, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure victim safety by separating the victim from the assailant, if known;

(e) Ensure the confidentiality of prison rape complaints and protection of inmates who make complaints of prison rape;

(f) Provide acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;

(g) Provide, at intake and periodically thereafter, department-approved, easy-to-understand information developed by the department on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;

(h) Provide sexual-assault-specific training to department mental health professionals and all employees who have direct contact with inmates regarding treatment and methods of prevention and investigation;

(i) Provide confidential mental health counseling for victims of sexual assault;

(j) Monitor victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; and

(k) Require termination of an employee who engages in a sexual assault on or sexual conduct with an inmate consistent with constitutional due process protections and state personnel laws and rules.

(2) Investigation of a sexual assault shall be conducted by investigators trained in the investigation of sex crimes. The investigation shall include, but need not be limited to, use of forensic rape kits, questioning of suspects and witnesses, and gathering and preserving relevant evidence.

(3) The department shall annually report the data that it is required to compile and report to the federal bureau of justice statistics as required by the federal "Prison Rape Elimination Act of 2003", Pub.L. 108-79, as amended, to the judiciary committees of the house of representatives and the senate, or any successor committees.
C.R.S. § 17-10-101 — CO Code / Title 17 / Article 10 / Section 17-10-101
17-10-101. Legislative declaration
Status: in_force

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.
C.R.S. § 17-1-104 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104
17-1-104. Facilities managed, supervised, and controlled
Status: repealed

17-1-104. Facilities managed, supervised, and controlled. (Repealed)
C.R.S. § 17-24-112 — CO Code / Title 17 / Article 24 / Section 17-24-112
17-24-112. Pricing
Status: in_force

17-24-112. Pricing. (1) The division shall fix and determine the prices for internal program labor, goods, and services. The prices for industry products must be as near the prevailing market prices for similar quality goods and services as is practical. The prices, other than prices for agricultural products, must not exceed the wholesale market prices for like articles and products in the case of sales to the state or its political subdivisions, or the prevailing retail market prices for like articles and products in the case of sales to the general public.

(2) The division shall prepare catalogs containing the description of all goods and services produced, with the price of each item. Copies of such catalogs shall be sent by the division to all state agencies and shall be available for political subdivisions of the state and the federal government.

(3) The director shall ensure that the level of quality for goods and services produced is comparable to similar goods and services available from the private sector. The director shall determine if the quality of goods and services produced is approximately the same as the quality requested by the purchasing agencies and departments. The sale of such goods or services shall not give rise to any warranties, but, in the case of a sale to a state agency or political subdivision, if the quality of the goods or services is not approximately the same as that requested, the director shall refund the purchase price or replace the goods or services. In the case of a sale of surplus goods or services, no refund or replacement shall be made after ninety days from the date of the sale.
C.R.S. § 17-27-105.7 — CO Code / Title 17 / Article 27 / Section 17-27-105.7
17-27-105.7. Offenders held in community corrections programs - medical benefits application
Status: repealed

17-27-105.7. Offenders held in community corrections programs - medical benefits application assistance - county of residence - repeal. (Repealed)
C.R.S. § 17-18-103 — CO Code / Title 17 / Article 18 / Section 17-18-103
17-18-103. Appropriation to comply with section 2-2-703 - SB 08-239 - repeal
Status: repealed

17-18-103. Appropriation to comply with section 2-2-703 - SB 08-239 - repeal. (Repealed)
C.R.S. § 17-24-108 — CO Code / Title 17 / Article 24 / Section 17-24-108
17-24-108. Disclosure of interests
Status: in_force

17-24-108. Disclosure of interests. Any employee or any other agent or adviser of the division who has a direct or indirect interest in any contract or transaction with the division shall disclose this interest to the division. No such employee or other agent or adviser having such an interest shall participate on behalf of the division in the authorization of any such contract or transaction.
C.R.S. § 17-24-120 — CO Code / Title 17 / Article 24 / Section 17-24-120
17-24-120. Treasurer and controller to write off amount owed state
Status: repealed

17-24-120. Treasurer and controller to write off amount owed state. (Repealed)
C.R.S. § 17-20-122 — CO Code / Title 17 / Article 20 / Section 17-20-122
17-20-122. Justification of officer
Status: in_force

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 shall be held guiltless; but such officer shall not be excused for using greater force than the emergency of the case demands.
C.R.S. § 17-1-104.4 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.4
17-1-104.4. Future correctional facility needs
Status: repealed

17-1-104.4. Future correctional facility needs. (Repealed)
C.R.S. § 17-20-101 — CO Code / Title 17 / Article 20 / Section 17-20-101
17-20-101. State institutions
Status: in_force

17-20-101. State institutions. All correctional facilities under the supervision of the executive director, wherever located, shall be maintained as state institutions.
C.R.S. § 17-42-101 — CO Code / Title 17 / Article 42 / Section 17-42-101
17-42-101. Freedom of worship
Status: in_force

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.
C.R.S. § 17-1-137 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-137
17-1-137. Appropriation to comply with section 2-2-703 - HB 01-1242
Status: repealed

17-1-137. Appropriation to comply with section 2-2-703 - HB 01-1242. (Repealed)
C.R.S. § 17-18-124 — CO Code / Title 17 / Article 18 / Section 17-18-124
17-18-124. Appropriation to comply with section 2-2-703 - HB 18-1200 - repeal
Status: repealed

17-18-124. Appropriation to comply with section 2-2-703 - HB 18-1200 - repeal. (Repealed)
C.R.S. § 17-2-106 — CO Code / Title 17 / Article 2 / Part 1 / Section 17-2-106
17-2-106. Branch parole offices - acquisition - duty to inform public
Status: in_force

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.
C.R.S. § 17-18-106 — CO Code / Title 17 / Article 18 / Section 17-18-106
17-18-106. Appropriation to comply with section 2-2-703 - HB 10-1277 - repeal
Status: repealed

17-18-106. Appropriation to comply with section 2-2-703 - HB 10-1277 - repeal. (Repealed)
C.R.S. § 17-27.8-101 — CO Code / Title 17 / Article 27.8 / Section 17-27.8-101
17-27.8-101. Definitions
Status: in_force

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, court-ordered 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.
C.R.S. § 17-1-101 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-101
17-1-101. Executive director - creation - division heads - medical personnel
Status: in_force

17-1-101. Executive director - creation - division heads - medical personnel. (1) The governor, with the consent of the senate, shall appoint an executive director of the department of corrections, who shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109, C.R.S.

(2) There is hereby created, within the department of corrections, the division of correctional industries, the division of adult parole, and such other divisions and programs as are deemed necessary by the executive director for the safe and efficient operation of the department. The executive director shall organize such divisions and programs in an appropriate manner. Subject to the provisions of section 13 of article XII of the state constitution, the executive director shall appoint the heads of such divisions, and the heads of such divisions shall appoint such personnel as are necessary to carry out the functions of the divisions.

(3) (a) Medical personnel employed at any of the institutions subject to the control of the executive director, the medical director of which is licensed to practice medicine in this state, shall be exempt from the provisions of the "Colorado Medical Practice Act", article 240 of title 12, with respect to service rendered to bona fide patients or inmates at said institutions, if such personnel are licensed to practice medicine in any other state of the United States or any province of Canada, have satisfactorily completed an internship of not less than one year in the United States, Canada, or Puerto Rico in a hospital approved for that purpose by the American Medical Association, have satisfactorily completed three years of postgraduate residency training, or its equivalent, in their particular specialty in a hospital approved for that purpose by the American Medical Association, and can read, write, speak, and understand the English language. Proof of said requirements shall be submitted to and approved or disapproved by the executive director.

(b) All such personnel as cannot satisfy all of the requirements set forth in subsection (3)(a) of this section shall be exempt from the "Colorado Medical Practice Act", article 240 of title 12, with respect to services rendered to bona fide patients or inmates at said institutions, if such personnel are of good moral character, are graduates of an approved medical college as defined in section 12-240-104 (3), have completed an approved internship of at least one year as defined in section 12-240-104 (2), and, within nine months after first being employed, pass the examinations approved by the Colorado medical board under the provisions of the "Colorado Medical Practice Act" and the National Board of Medical Examiners, the National Board of Examiners for Osteopathic Physicians and Surgeons, or the Federation of State Medical Boards, or their successor organizations, on subjects relating to the basic sciences, are able to read, write, speak, and understand the English language, and, in the case of personnel who are not citizens of the United States, become citizens within the minimum period of time within which the particular individual can become a citizen according to the laws of the United States and the regulations of the immigration and naturalization service of the United States, or any successor agency, or within such additional time as may be granted by said boards.

(c) Medical personnel granted exemption under paragraphs (a) and (b) of this subsection (3) may not practice medicine except as described in this subsection (3) without first complying with all of the provisions of said "Colorado Medical Practice Act".
C.R.S. § 17-1-125 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-125
17-1-125. Appropriation to comply with section 2-2-703 - HB 99-1068
Status: repealed

17-1-125. Appropriation to comply with section 2-2-703 - HB 99-1068. (Repealed)
C.R.S. § 17-20-114.5 — CO Code / Title 17 / Article 20 / Section 17-20-114.5
17-20-114.5. Restriction of privileges in correctional facilities - restriction of privileges
Status: in_force

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 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.
C.R.S. § 17-27.8-103 — CO Code / Title 17 / Article 27.8 / Section 17-27.8-103
17-27.8-103. Home detention program - contracted by department of public safety
Status: in_force

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

(c) Access for the offender to attend any court-ordered counseling, substance abuse treatment, vocational rehabilitation or training, or education.
C.R.S. § 17-25-102 — CO Code / Title 17 / Article 25 / Section 17-25-102
17-25-102. Minimum security facility - limitations
Status: in_force

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.
C.R.S. § 17-40-104 — CO Code / Title 17 / Article 40 / Section 17-40-104
17-40-104. Responsibility to the program of court imposing sentence
Status: in_force

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.
C.R.S. § 17-2-217 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-217
17-2-217. Release hearing officers - pilot program
Status: repealed

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.
C.R.S. § 17-1-162 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-162
17-1-162. Appropriation to comply with section 2-2-703 - SB 06S-007 - repeal
Status: repealed

17-1-162. Appropriation to comply with section 2-2-703 - SB 06S-007 - repeal. (Repealed)
C.R.S. § 17-26-137 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-137
17-26-137. County jail assistance fund - repeal
Status: repealed

17-26-137. County jail assistance fund - repeal. (Repealed)
C.R.S. § 17-1-115.9 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-115.9
17-1-115.9. Incentives for mental health professionals - report - legislative declaration
Status: in_force

17-1-115.9. Incentives for mental health professionals - report - legislative declaration. (1) The general assembly finds that:

(a) The failure to provide timely needed sex offender treatment or services creates a risk when an inmate is released into the community and increases expenses when an inmate remains in prison due to his or her failure to receive treatment or services; and

(b) In order to provide the necessary sex offender treatment and services in difficult-to-serve areas in a timely manner, the department must have the flexibility to offer incentives to contracted mental health professionals to provide such treatment and services in such areas.

(2) The department shall monitor the number of inmates who have a specified sex offender treatment or service identified in the inmate's recommended rehabilitation report and who are not receiving the treatment or service due to a lack of treatment or service providers. The department shall develop and may implement an incentive plan for each sex offender treatment or service and each geographic area in which there is a need for additional contracted mental health professionals to provide the identified sex offender treatment or service. The incentive plan must include specific incentives to contract with the necessary mental health professionals and may include increases in fees and travel reimbursements paid, bonuses, and other financial incentives.

(3) Notwithstanding the provisions of section 24-1-136 (11), on or before December 1, 2018, and each December 1 thereafter, the department shall submit a report to the joint budget committee that must include:

(a) The statewide number of inmates requiring each sex offender treatment or service provided by a mental health professional and the number of inmates unable to receive such treatment or service; and

(b) For each incentive plan developed pursuant to this section, the number of inmates requiring the treatment or service, the number of inmates still unable to receive the treatment or service, a description of the incentive plan developed, and a report on the effectiveness of any incentive offered by the department under the plan.
C.R.S. § 17-1-115.8 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-115.8
17-1-115.8. Corrections officer staffing - report - double shift criteria - definition
Status: in_force

17-1-115.8. Corrections officer staffing - report - double shift criteria - definition. (1) Notwithstanding section 24-1-136 (11)(a)(I), the department shall prepare a report for the members of the general assembly by January 15, 2014, and by January 15 each year thereafter, regarding corrections officer staffing levels. The report must include:

(a) Staffing levels for corrections officers at each correctional facility and private contract prison in Colorado;

(b) Staffing levels for corrections officers for each correctional facility security level; and

(c) A comparison of staffing levels at Colorado correctional facilities and the national standards adopted by the national institute of corrections and the American correctional association.

(2) The department shall develop criteria for when a corrections officer may work two consecutive shifts, and the criteria must apply to a seven-day period and must account for different security-level facilities.

(3) The department, through discussions with individual corrections officers, shall establish work period and compensation practices that comply with the following standards that:

(a) A work period for correctional officers may be from seven consecutive days to fourteen consecutive days in length. Overtime pay for correctional officers must be required when the number of hours worked exceeds the number of hours that bears the same relationship to eighty-five hours in a fourteen-day period.

(b) A corrections officer who works twelve or more hours in a single twenty-four-hour period must be paid the amount of one and one-half times the corrections officer's regular rate of pay for the time the corrections officer worked that exceeded eight and one-half hours, unless the additional time is part of the corrections officer's normal shift that is longer than eight and one-half hours and is part of a compressed, flexible, or alternative scheduling system;

(c) All department employees receive with their pay check a pay stub that clearly and accurately reflects all hours worked, standard rate of pay, rate of overtime pay, accrual of any paid leave and compensatory time, remaining paid leave, and compensatory time balances;

(d) The department shall establish administrative regulation practices that create greater flexibility in the staffing of facilities, including but not limited to employee shift substitution, voluntary overtime lists, roving, and pool staff coverage; and

(e) All practices must be compliant with federal wage and hour law.

(4) For purposes of this section, "corrections officer" means an employee of the department of corrections who is subject to the exemption in 29 U.S.C. sec. 207 (k); except that it does not include a parole officer.
C.R.S. § 17-18-110 — CO Code / Title 17 / Article 18 / Section 17-18-110
17-18-110. Appropriation to comply with section 2-2-703 - HB 13-1325 - repeal
Status: repealed

17-18-110. Appropriation to comply with section 2-2-703 - HB 13-1325 - repeal. (Repealed)
C.R.S. § 17-1-128 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-128
17-1-128. Appropriation to comply with section 2-2-703 - HB 00-1111
Status: repealed

17-1-128. Appropriation to comply with section 2-2-703 - HB 00-1111. (Repealed)
C.R.S. § 17-1-148 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-148
17-1-148. Appropriation to comply with section 2-2-703 - HB 03-1213 - repeal
Status: repealed

17-1-148. Appropriation to comply with section 2-2-703 - HB 03-1213 - repeal. (Repealed)
C.R.S. § 17-2-214 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-214
17-2-214. Right to attend parole hearings
Status: in_force

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 16-22-102 (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.
C.R.S. § 17-18-122 — CO Code / Title 17 / Article 18 / Section 17-18-122
17-18-122. Appropriation to comply with section 2-2-703 - SB 16-142 - repeal
Status: repealed

17-18-122. Appropriation to comply with section 2-2-703 - SB 16-142 - repeal. (Repealed)
C.R.S. § 17-1-153 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-153
17-1-153. Appropriation to comply with section 2-2-703 - SB 06-207 - repeal
Status: repealed

17-1-153. Appropriation to comply with section 2-2-703 - SB 06-207 - repeal. (Repealed)
C.R.S. § 17-1-139 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-139
17-1-139. Appropriation to comply with section 2-2-703 - HB 02-1301
Status: repealed

17-1-139. Appropriation to comply with section 2-2-703 - HB 02-1301. (Repealed)
C.R.S. § 17-26-118.5 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-118.5
17-26-118.5. Prevention of erroneous payments to prisoners - identifying information reportin
Status: in_force

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.
C.R.S. § 17-26-117 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-117
17-26-117. Commitment box - successor
Status: in_force

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.
C.R.S. § 17-20-120 — CO Code / Title 17 / Article 20 / Section 17-20-120
17-20-120. Convict to leave county
Status: repealed

17-20-120. Convict to leave county. (Repealed)
C.R.S. § 17-28-101 — CO Code / Title 17 / Article 28 / Section 17-28-101
17-28-101. Legislative declaration
Status: in_force

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.
C.R.S. § 17-1-203 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-203
17-1-203. Powers and duties not delegable to contractor
Status: in_force

17-1-203. Powers and duties not delegable to contractor. (1) A contract executed pursuant to this part 2 shall not be construed as authorizing, allowing, or delegating authority to the contractor to:

(a) Choose the correctional facility to which an inmate is initially assigned or subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The executive director and the contractor shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private contract prison. The department and the contractor must comply with the cooperative agreement.

(b) Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department of corrections;

(c) Make a final determination on a disciplinary action that affects the liberty of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody.

(d) Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit earned time;

(e) Make recommendations to the state board of parole with respect to the denial or granting of parole or release; however, the contractor may submit written reports to the state board of parole and shall respond to any written request by the state board of parole for information;

(f) Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the department;

(g) Determine inmate eligibility for any form of release from a correctional facility.
C.R.S. § 17-22.5-102.5 — CO Code / Title 17 / Article 22.5 / Part 1 / Section 17-22.5-102.5
17-22.5-102.5. Purpose of parole
Status: in_force

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.
C.R.S. § 17-1-104.7 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-104.7
17-1-104.7. Management plan for housing of juveniles - report
Status: repealed

17-1-104.7. Management plan for housing of juveniles - report. (Repealed)
C.R.S. § 17-2-216 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-216
17-2-216. Application of sections 17-2-214 and 17-2-215
Status: in_force

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.
C.R.S. § 17-1-131 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-131
17-1-131. Appropriation to comply with section 2-2-703 - HB 00-1317
Status: repealed

17-1-131. Appropriation to comply with section 2-2-703 - HB 00-1317. (Repealed)
C.R.S. § 17-1-112.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-112.5
17-1-112.5. Annual audit by state auditor
Status: repealed

17-1-112.5. Annual audit by state auditor. (Repealed)
C.R.S. § 17-18-117 — CO Code / Title 17 / Article 18 / Section 17-18-117
17-18-117. Appropriation to comply with section 2-2-703 - HB 15-1229 - repeal
Status: repealed

17-18-117. Appropriation to comply with section 2-2-703 - HB 15-1229 - repeal. (Repealed)
C.R.S. § 17-26-301 — CO Code / Title 17 / Article 26 / Part 3 / Section 17-26-301
17-26-301. Legislative declaration
Status: in_force

17-26-301. Legislative declaration. (1) The general assembly finds that:

(a) Placing individuals with serious mental illness in restrictive housing, also known as solitary confinement, within a local jail is inappropriate and causes further harm to the individual;

(b) According to the National Commission on Correctional Health Care, prolonged solitary confinement is cruel, inhumane, and degrading treatment and harmful to an individual's health, and juveniles, individuals with serious mental illness, and pregnant women should be excluded from solitary confinement of any duration;

(c) The World Health Organization, United Nations, and other international bodies have recognized that solitary confinement is harmful to health;

(d) Psychological effects caused by placement in isolation can include self-harm, suicide, paranoia, psychosis, cognitive disturbances, perceptual distortions, obsessive thoughts, anxiety, and depression;

(e) Studies have shown that the psychological stress created from solitary confinement compares to the distress of physical torture. According to United States District Judge Thelton Henderson, putting an individual with a serious mental illness in solitary confinement is the equivalent of putting a person with asthma in a place with little air.

(f) In 2012, a task force appointed by the United States attorney general concluded that nowhere is the damaging impact of incarceration on vulnerable children more obvious than when it involves solitary confinement. Juveniles experience symptoms of paranoia, anxiety, and depression even after very short periods of isolation.

(g) The United Nations Standard Minimum Rules for the Treatment of Prisoners state that solitary confinement should be prohibited in cases involving children and in the case of adults with mental or physical disabilities when their conditions would be exacerbated by such measures; and

(h) International standards established by the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders state that pregnant women should never be placed in solitary confinement as they are especially susceptible to its harmful psychological effects.

(2) Therefore, the general assembly declares that due to the substantial negative impacts of placing juveniles and adults with specific health conditions in restrictive housing, the state must take immediate steps to end and prohibit the use of restrictive housing of juveniles and adults with specific health conditions in Colorado jails.
C.R.S. § 17-18-130 — CO Code / Title 17 / Article 18 / Section 17-18-130
17-18-130. Appropriation to comply with section 2-2-703 - SB 21-064 - repeal
Status: repealed

17-18-130. Appropriation to comply with section 2-2-703 - SB 21-064 - repeal. (1) Pursuant to section 2-2-703, the following statutory appropriations are made in order to implement Senate Bill 21-064, enacted in 2021:

(a) For the 2021-22 state fiscal year, one hundred nine thousand four hundred sixty 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.

(2) This section is repealed, effective July 1, 2026.
C.R.S. § 17-26-113 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-113
17-26-113. Prisoners to work
Status: repealed

17-26-113. Prisoners to work. (Repealed)
C.R.S. § 17-1-202.5 — CO Code / Title 17 / Article 1 / Part 2 / Section 17-1-202.5
17-1-202.5. Private prison planning process
Status: in_force

17-1-202.5. Private prison planning process. (1) In any fiscal year, if the general assembly determines that the amount of moneys credited to the capital construction fund, created in section 24-75-302, C.R.S., is not sufficient to pay for the design and construction of a correctional facility for adult offenders that is deemed necessary to satisfy future prison bed projections and needs, the department may request competitive proposals from private prison providers three years before desired occupancy of the correctional facility. Prior to issuing a request for competitive proposals requiring new construction under this section, the department shall notify the capital development committee, established pursuant to section 2-3-1302, C.R.S.

(2) (a) The department, during the request for competitive proposals process described in subsection (1) of this section, shall determine the level of security, the desired location, and the number of beds necessary for the facility, as well as other criteria applicable to the appropriate conditions of confinement to be maintained at the facility. The department shall be under no obligation or duty to place offenders in a facility covered by this section.

(b) The department in all instances shall ensure that requests for competitive proposals adequately inform prospective contractors that the department will give priority to proposals that satisfy the requirements of section 17-1-202 and that are competitive to the extent they contain terms that are most favorable to the department. The department shall, to the extent possible, also take steps to provide a competitive market environment for prospective contractors and to avoid decreased competition and the creation of a monopoly in the market.

(3) Nothing in this section shall be construed to require or permit the department to lend or pledge the credit or faith of the department or of the state in any manner that would violate section 1 of article XI of the Colorado constitution.
C.R.S. § 17-24-125 — CO Code / Title 17 / Article 24 / Section 17-24-125
17-24-125. Correctional industries at nonstate-owned facilities - definitions
Status: repealed

17-24-125. Correctional industries at nonstate-owned facilities - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Inmate labor program" means a program operated at a nonstate-owned prison facility as a business or for profit utilizing in whole or in part labor of inmates; except that "inmate labor program" does not include a program that is operated by a local government or combination of local governments of this state as a nonprofit business within the jurisdiction boundaries of the local government or governments and whose operation has been reviewed and approved by the local government or local governments.

(b) "Nonstate-owned prison facility" means any private correctional facility or any jail or other detention facility operated by a political subdivision of the state that houses state prisoners or that houses inmates from another state whose incarceration in this state is approved pursuant to section 17-1-104.5; except that "nonstate-owned prison facility" shall not include a jail or other detention facility operated by a political subdivision of the state that only houses state prisoners pursuant to a contract under section 16-11-308.5 (2), C.R.S., or a facility in which a community corrections program is operated pursuant to article 27 of this title.

(2) (a) On and after March 1, 1999, all inmate labor programs operated at a nonstate-owned prison facility shall be approved by the division prior to commencing operations.

(b) Repealed.

(3) (a) On or before February 1, 1999, the division shall promulgate rules governing the approval required by subsection (2) of this section including but not limited to:

(I) Establishing a procedure for approving inmate labor programs that shall include review by the correctional industries advisory committee of a business plan for each inmate labor program;

(II) Establishing the duration of any approval and procedures for reapproval and revocation of any approval;

(III) Requiring all inmate labor programs to comply with all federal laws and regulations relating to the use of inmate labor;

(IV) Requiring that all goods or services be priced at prevailing market rates; except that goods or services sold to governmental or nonprofit entities may be priced at wholesale cost;

(V) Requiring that persons employed by a nonstate-owned prison facility shall not be involved in decisions involving the inmate labor program relating to persons or entities with whom the person has a conflict or potential conflict of interest;

(VI) Requiring that inmates be compensated as determined by rule promulgated by the department;

(VII) Requiring that all records pertaining to inmate labor programs shall be available for inspection and copying by representatives of the division to ensure compliance with this section and any rules promulgated thereunder; and

(VIII) Requiring nonstate-owned prison facilities to reimburse the division for any expenses incurred in certifying and monitoring the inmate labor programs.

(b) The rules promulgated pursuant to this subsection (3) shall be substantially similar to the rules governing programs at facilities operated by the department.

(4) (a) Each nonstate-owned prison facility operating an inmate labor program shall hold wages earned by an inmate in a revenue-producing account for the inmate until the inmate is paroled or discharged from custody. Out of the wages held for an inmate pursuant to the provisions of this subsection (4)(a), the nonstate-owned prison facility shall make disbursements pursuant to the provisions of section 17-24-122 (5) and (6).

(b) Each nonstate-owned prison facility operating an inmate labor program shall hold and distribute wages earned by an inmate from a state other than Colorado pursuant to the statutes and rules of that state or the contract between that state and the prison facility.
C.R.S. § 17-20-104 — CO Code / Title 17 / Article 20 / Section 17-20-104
17-20-104. Reduced time for good conduct
Status: repealed

17-20-104. Reduced time for good conduct. (Repealed)
C.R.S. § 17-24-126 — CO Code / Title 17 / Article 24 / Section 17-24-126
17-24-126. Canteen, vending machine, and library account created - receipts - disbursements
Status: repealed

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.
C.R.S. § 17-1-135 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-135
17-1-135. Appropriation to comply with section 2-2-703 - HB 01-1204
Status: repealed

17-1-135. Appropriation to comply with section 2-2-703 - HB 01-1204. (Repealed)
C.R.S. § 17-1-113.4 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.4
17-1-113.4. Opioid treatment for a person in custody - definitions
Status: in_force

17-1-113.4. Opioid treatment for a person in custody - definitions. (1) A correctional facility or private contract prison may make available opioid agonists and opioid antagonists to a person in custody with an opioid use disorder. The correctional facility or private contract prison is strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration, as medically necessary.

(2) (a) Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists for the treatment of an opioid use disorder pursuant to subsection (1) of this section.

(b) As funding and supplies allow, if a person in custody is treated for an opioid use disorder pursuant to this section, the correctional facility or private contract prison shall offer the person, upon release from the facility, at least two doses of an opioid reversal medication, in a form approved by the federal drug administration, and provide education to the person about the appropriate use of the medication.

(3) A correctional facility or private contract prison may contract with community-based health providers for the implementation of this section.

(3.5) Nothing in this section imposes civil or criminal liability on a state law enforcement agency or law enforcement officer when ordinary care is used in the administration or provision of an opioid reversal medication in cases when an individual appears to be experiencing an opioid overdose.

(4) As used in this section, unless the context otherwise requires:

(a) "Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

(b) "Opioid antagonist" means naltrexone, an opioid reversal medication, or any similarly acting drug used for the treatment of an opioid use disorder that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
C.R.S. § 17-2-302 — CO Code / Title 17 / Article 2 / Part 3 / Section 17-2-302
17-2-302. Director - powers
Status: in_force

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.
C.R.S. § 17-1-113.6 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.6
17-1-113.6. Menstrual hygiene products for a person in custody - definition
Status: in_force

17-1-113.6. Menstrual hygiene products for a person in custody - definition. (1) A correctional facility or private contract prison shall provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody. A correctional facility or private contract prison shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products.

(2) As used in this section, unless the context otherwise requires, "menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners.
C.R.S. § 17-26-107 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-107
17-26-107. Prisoners to work - work outside of jail - expenses
Status: in_force

17-26-107. Prisoners to work - work outside of jail - expenses. (1) When any able-bodied 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 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.
C.R.S. § 17-20-107 — CO Code / Title 17 / Article 20 / Section 17-20-107
17-20-107. Good time credit allowable
Status: repealed

17-20-107. Good time credit allowable. (Repealed)
C.R.S. § 17-2-205 — CO Code / Title 17 / Article 2 / Part 2 / Section 17-2-205
17-2-205. Time of parole not considered when convict is reincarcerated
Status: repealed

17-2-205. Time of parole not considered when convict is reincarcerated. (Repealed)
C.R.S. § 17-18-108 — CO Code / Title 17 / Article 18 / Section 17-18-108
17-18-108. Appropriation to comply with section 2-2-703 - HB 13-1154 - repeal
Status: repealed

17-18-108. Appropriation to comply with section 2-2-703 - HB 13-1154 - repeal. (Repealed)
C.R.S. § 17-1-115.2 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-115.2
17-1-115.2. Correctional law enforcement agencies to provide identification cards to retired
Status: in_force

17-1-115.2. Correctional law enforcement agencies to provide identification cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Law enforcement agency of the department" means the department and any agency within the department that employs at least one peace officer.

(b) "Peace officer" means a certified peace officer described in section 16-2.5-102, C.R.S.

(c) "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d).

(2) Except as described in subsection (3) of this section, on and after August 7, 2013, if a law enforcement agency of the department has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if:

(a) The peace officer requests the identification;

(b) The peace officer retired from the law enforcement agency before the date upon which the agency discontinued the policy; and

(c) The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c).

(3) Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act" (Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.

(4) A law enforcement agency of the department may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification.

(5) Notwithstanding any provision of this section to the contrary, a law enforcement agency of the department shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so.

(6) If a law enforcement agency of the department denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.
C.R.S. § 17-27-103.5 — CO Code / Title 17 / Article 27 / Section 17-27-103.5
17-27-103.5. Statements relating to a transitional referral to community corrections
Status: in_force

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.
C.R.S. § 17-26-102 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-102
17-26-102. Keeper of jail - expenses
Status: in_force

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.
C.R.S. § 17-1-136 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-136
17-1-136. Appropriation to comply with section 2-2-703 - SB 01-210
Status: repealed

17-1-136. Appropriation to comply with section 2-2-703 - SB 01-210. (Repealed)
C.R.S. § 17-22.5-101 — CO Code / Title 17 / Article 22.5 / Part 1 / Section 17-22.5-101
17-22.5-101. One continuous sentence
Status: in_force

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.
C.R.S. § 17-26-140 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-140
17-26-140. Continuity of care for persons released from jail - definition
Status: in_force

17-26-140. Continuity of care for persons released from jail - definition. (1) If a person is treated for a substance use disorder at any time during the person's incarceration, the county jail shall, at a minimum, conduct the following before releasing the person from the county jail's custody:

(a) Provide post-release resources developed pursuant to section 17-1-103 (1)(r) to the person;

(b) Provide a list of available substance use providers, to the extent the behavioral health administration in the department of human services has such a list available;

(c) If the person received or has been assessed to receive medication-assisted treatment while in jail, has a history of substance use in the community or while in jail, or requests opioid antagonists upon release, provide the person, upon release from the jail, at least eight milligrams of an opioid antagonist via inhalation or its equivalent and provide education to the person about the appropriate use of the medication;

(d) If the person received medication-assisted treatment while in jail, has a history of substance use, or requests opiate use-disorder medication, prescribe to the person, upon release from the jail, medication for an opiate use disorder and provide education to the person about the appropriate use of the medication; and

(e) Coordinate continued care for the person, including scheduling an appointment for the person with a substance use provider with the ability to continue the person's treatment, provide the person with detailed information about the scheduled appointment, provide the person with a prescription for the medication that the person was taking while in custody at the facility in an amount that is at least sufficient to sustain the person until the scheduled appointment, and provide the person with a referral to the care coordination infrastructure described in section 27-60-204.

(2) A county jail shall provide medicaid enrollment or reenrollment paperwork to a person who is incarcerated in the jail and is eligible for medicaid benefits when the person enters the county jail. The county jail must file the medicaid paperwork with the county department of human or social services upon releasing the person from the county jail's custody.

(3) As used in this section, "opioid antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose.

(4) Notwithstanding any requirement of this section, a county jail shall not delay a person's release from the county jail because the jail cannot timely comply with a requirement of this section.
C.R.S. § 17-24-124 — CO Code / Title 17 / Article 24 / Section 17-24-124
17-24-124. Inmate disaster relief program - legislative declaration
Status: in_force

17-24-124. Inmate disaster relief program - legislative declaration. (1) The general assembly finds that inmates housed in certain prison facilities throughout the state form a labor pool that could be safely utilized to fight forest fires, help with flood relief, and assist in the prevention of or clean up after other natural or man-made disasters.

(2) As used in this section, unless the context otherwise requires, "disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or cause of human origin, but "disaster" does not include any hazardous substance incident, oil spill or other contamination, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, or hostile military or paramilitary action.

(3) There is hereby established in the division the inmate disaster relief program, referred to in this section as the "program". The purpose of the program shall be to establish one or more inmate disaster relief crews composed of inmates from minimum restrictive, or minimum security facilities. An inmate shall receive an additional amount of earned time pursuant to section 17-22.5-405 in the amount of one day of earned time for every day spent at the site of a disaster. An inmate disaster relief crew may be utilized by the state or by local or federal governmental agencies that apply to the division for assistance.

(4) The executive director shall promulgate rules governing the program including but not limited to:

(a) The inmates who are eligible to participate in the program;

(b) Types of disasters to which an inmate disaster relief crew may be sent;

(c) The security measures that are required to prevent escapes and protect the public;

(d) The procedures that must be followed before an inmate disaster relief crew may be utilized;

(e) The fees that may be charged by the division for the provision of services by an inmate disaster relief crew; and

(f) The compensation that may be paid to inmates participating in the program.

(5) The division is authorized to purchase equipment and obtain necessary training for any inmate disaster relief crews.

(6) The department is authorized to solicit, accept, and expend grants, donations, gifts, and other moneys to defer the costs of equipping and training one or more inmate disaster relief crews. The program shall not be implemented or made available to other agencies until sufficient moneys are available from appropriations, grants, donations, gifts, and other moneys to cover the costs of equipping and training at least one inmate disaster relief crew.

(7) The department shall distribute the informational materials described in section 24-33.5-1226.5 to persons who have experience in wildland fire services pursuant to the program.
C.R.S. § 17-1-113.7 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-113.7
17-1-113.7. Prohibition against the use of restraints on pregnant inmates in the custody of
Status: repealed

17-1-113.7. Prohibition against the use of restraints on pregnant inmates in the custody of correctional facilities and private contract prisons - report. (1) The staff of a correctional facility or private contract prison, when restraining a female inmate, shall use the least restrictive restraints necessary to ensure safety if the staff of the correctional facility or private contract prison have a reasonable belief that the inmate is pregnant. For the use of restraints during labor, delivery, and postpartum recovery, the staff shall comply with the "Protection of Individuals from Restraint and Seclusion Act", article 20 of title 26.

(2) (a) Repealed.

(b) The correctional facility, private contract prison, or medical facility staff authorizing the use of restraints on a pregnant inmate during labor or delivery of the child shall make a written record of the use of the restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The staff of the correctional facility or private contract prison shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the inmate who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law. Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15, 2022, and each February 15 thereafter, the warden of the private contract prison and the executive director or the executive director's designee shall submit the records created pursuant to this subsection (2)(b) in the prior calendar year to the judiciary committees of the senate and house of representatives, or their successor committees.

(3) Upon return to a correctional facility or private contract prison after childbirth, the inmate shall be entitled to have a member of the correctional facility's or private contract prison's medical staff present during any strip search.

(4) When an inmate's pregnancy is determined, the staff of a correctional facility or private contract prison shall inform a pregnant inmate in writing in a language and in a manner understandable to the inmate of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search.

(5) The executive director of the department of corrections shall ensure that the staff of the department of corrections and of private contract prisons receive adequate training concerning the provisions of this section.
C.R.S. § 17-18-126 — CO Code / Title 17 / Article 18 / Section 17-18-126
17-18-126. Appropriation to comply with section 2-2-703 - HB 18-1077 - repeal
Status: repealed

17-18-126. Appropriation to comply with section 2-2-703 - HB 18-1077 - repeal. (Repealed)
C.R.S. § 17-26-104.9 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-104.9
17-26-104.9. Opioid treatment for a person in custody - definitions
Status: repealed

17-26-104.9. Opioid treatment for a person in custody - definitions.

(1) Repealed.

(1.5) By July 1, 2023, a facility, whether operated by a governmental entity or private contractor, shall provide medication-assisted treatment, and other appropriate withdrawal management care to a person with a substance use disorder through the duration of the person's incarceration, as medically necessary. At a minimum:

(a) The facility shall perform a nonmedical evaluation, consistent with guidelines developed by the behavioral health administration, of the person upon entry into custody at the facility for recent substance use.

(b) The facility shall offer medication approved by the federal food and drug administration that is approved to treat opiate use disorder, which must include agonists, partial agonists, and antagonists, to a person in custody with an opiate use disorder. The person, in collaboration with the treating provider, must be given a choice concerning what medication is prescribed, and the facility must provide the medication requested. A person may request to change their medication at any time while in custody.

(c) If the person indicates that the person has a substance use disorder, or the nonmedical evaluation performed pursuant to subsection (1.5)(a) indicates that the person may have recently used a substance, the facility shall refer the person to the facility's medical provider for an evaluation and subsequent diagnosis, prescription, or induction of medication-assisted treatment.

(d) If the person indicates that the person was taking medication that is approved by the federal food and drug administration prior to entry into custody at the facility to treat a substance use disorder, the facility shall provide the same medication to the person while the person is in custody.

(2) Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists pursuant to subsection (1) and (1.5) of this section.

(3) A facility may contract with community-based health providers, local providers, or state mobile medication-assisted treatment unit providers for the implementation of this section.

(4) 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) "Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

(c) "Opioid antagonist" means naltrexone or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

(5) Counties are encouraged to use county funding available from a settlement or damage award from opiate-related litigation to support jails in complying with the requirements of this section.
C.R.S. § 17-32-107 — CO Code / Title 17 / Article 32 / Section 17-32-107
17-32-107. Correctional education program fund
Status: in_force

17-32-107. Correctional education program fund. There is created in the state treasury the correctional education program fund, which shall be administered by the program, and that consists of all moneys received by the program from the federal government, from the sale of goods or services by the program, and from contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations. The moneys in the fund are subject to annual appropriation by the general assembly to the program for the purpose of developing and implementing a correctional education program. Any moneys not appropriated or not expended at the end of the fiscal year remain in the fund and shall not be transferred to or revert to the general fund of the state. Any interest earned on the investment or deposit of moneys in the fund remains in the fund and shall not be credited to the general fund of the state.
C.R.S. § 17-26-106 — CO Code / Title 17 / Article 26 / Part 1 / Section 17-26-106
17-26-106. Male and female prisoners
Status: in_force

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.
C.R.S. § 17-1-114.5 — CO Code / Title 17 / Article 1 / Part 1 / Section 17-1-114.5
17-1-114.5. Incarceration of a person in custody with the capacity for pregnancy - report
Status: in_force

17-1-114.5. Incarceration of a person in custody with the capacity for pregnancy - report. (1) A correctional facility or private contract prison incarcerating a person who is capable of pregnancy shall:

(a) Train the facility's staff to ensure that a pregnant person receives safe and respectful treatment;

(b) Develop administrative policies to ensure a trauma-informed standard of care is integrated with current practices to promote the health and safety of a pregnant person;

(c) Provide each pregnant person, during the person's pregnancy and through the person's postpartum period, with access to:

(I) Perinatal health-care providers with perinatal experience; and

(II) Healthy foods and information on nutrition, recommended activity levels, safety measures, and supplies, including menstrual products as required in section 17-1-113.6, and breast pumps approved by the executive director or the executive director's designee;

(d) Provide counseling and treatment for pregnant people who have suffered from:

(I) A diagnosed behavioral, mental health, or substance use disorder;

(II) Trauma or violence, including domestic violence;

(III) Human immunodeficiency virus;

(IV) Sexual abuse;

(V) Pregnancy loss or infant loss; or

(VI) Chronic conditions;

(e) Provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;

(f) Develop administrative policies to identify and offer opportunities for postpartum persons to maintain contact with the person's newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, and breastfeeding support, when appropriate;

(f.5) Develop administrative policies, including a system for human milk storage, to ensure a newborn can receive the human milk that the newborn's postpartum parent has pumped for the newborn's nourishment;

(g) In accordance with the requirements of the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191, transfer health records to community providers if a pregnant person exits the criminal justice system during the person's pregnancy or during the person's postpartum period;

(h) Connect a person exiting the criminal justice system during the person's pregnancy or postpartum period to community-based resources, such as referrals to health-care providers, substance use disorder treatment, and social services that address social determinants of maternal health;

(i) Establish partnerships with local public entities, private community entities, community-based organizations, Indian tribes and tribal organizations as defined in the federal "Indian Self-Determination and Education Assistance Act", 25 U.S.C. sec. 5304, as amended, or urban Indian organizations as defined in the federal "Indian Health Care Improvement Act", 25 U.S.C. sec. 1603, as amended;

(j) Notwithstanding section 24-1-136 (11)(a)(I), by February 15, 2022, and by February 15 each year thereafter, report to the judiciary committees of the senate and house of representatives, or their successor committees, on the number of births by pregnant people who are in the custody of the facility, including the location of the births, that occurred in the prior calendar year;

(k) Regardless of the person's ability to pay, ensure access to an abortion, as defined in section 25-6-402, by providing a pregnant person with information about abortion providers, referrals to community-based providers of abortions, referrals to community-based organizations that help people pay for abortions, and transportation to access an abortion; and

(l) Ensure access to miscarriage management, including medication.
C.R.S. § 17-20-121 — CO Code / Title 17 / Article 20 / Section 17-20-121
17-20-121. Failure to observe conditions - penalty
Status: repealed

17-20-121. Failure to observe conditions - penalty. (Repealed)
C.R.S. § 17-27.8-104 — CO Code / Title 17 / Article 27.8 / Section 17-27.8-104
17-27.8-104. Home detention program - operated by the judicial department
Status: in_force

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.
C.R.S. § 17-22.5-107 — CO Code / Title 17 / Article 22.5 / Part 1 / Section 17-22.5-107
17-22.5-107. Administrative release and revocation guidelines - creation
Status: in_force

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.